The Tryal of Thomas, Earl of Strafford, Lord Lieutenant of Ireland, upon an impeachment of high treason by the Commons then assembled in Parliament, in the name of themselves and of all the Commons in England, begun in Westminster-Hall the 22th of March 1640, and continued before judgment was given until the 10th of May, 1641 shewing the form of parliamentary proceedings in an impeachment of treason : to which is added a short account of some other matters of fact transacted in both houses of Parliament, precedent, concomitant, and subsequent to the said tryal : with some special arguments in law relating to a bill of attainder / faithfully collected, and impartially published, without observation or reflection, by John Rushworth of Lincolnes-Inn, Esq.
         Strafford, Thomas Wentworth, Earl of, 1593-1641, defendant.
      
       
         
           1680
        
      
       Approx. 1975 KB of XML-encoded text transcribed from 313 1-bit group-IV TIFF page images.
       
         Text Creation Partnership,
         Ann Arbor, MI ; Oxford (UK) :
         2005-03 (EEBO-TCP Phase 1).
         A57925
         Wing R2333
         ESTC R22355
         11942027
         ocm 11942027
         51285
         
           
            This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of
             Creative Commons 0 1.0 Universal
            . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
          
        
      
       
         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A57925)
         Transcribed from: (Early English Books Online ; image set 51285)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 41:2 or 648:7)
      
       
         
           
             The Tryal of Thomas, Earl of Strafford, Lord Lieutenant of Ireland, upon an impeachment of high treason by the Commons then assembled in Parliament, in the name of themselves and of all the Commons in England, begun in Westminster-Hall the 22th of March 1640, and continued before judgment was given until the 10th of May, 1641 shewing the form of parliamentary proceedings in an impeachment of treason : to which is added a short account of some other matters of fact transacted in both houses of Parliament, precedent, concomitant, and subsequent to the said tryal : with some special arguments in law relating to a bill of attainder / faithfully collected, and impartially published, without observation or reflection, by John Rushworth of Lincolnes-Inn, Esq.
             Strafford, Thomas Wentworth, Earl of, 1593-1641, defendant.
             Rushworth, John, 1612?-1690.
             England and Wales. Parliament. House of Commons.
          
           [11], 76, 101-252, 401-786 p. : port.
           
             Printed for John Wright ... and Richard Chiswell ...,
             London :
             1680.
          
           
             Advertisement on p. [11].
             Contains errors in pagination.
             "The table" [i.e. index]: p. 799 [i.e. 779]-786.
             This work appears at reel 41:2 as Wing R2333, and at reel 648:7 as Wing T2232 (number cancelled in Wing 2nd ed.).
             Reproduction of originals in University of Michigan Libraries and Huntington Library.
          
        
      
    
     
       
         Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.
         Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors.
      
       
         EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
         EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
         The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
         Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
         Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
         Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
         The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
         Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).
         
          Keying and markup guidelines are available at the
           Text Creation Partnership web site
          .
        
      
       
         
         
      
    
     
       
         eng
      
       
         
           Strafford, Thomas Wentworth, -- Earl of, 1593-1641.
           Trials (Impeachment) -- England.
        
      
    
     
        2003-03 TCP
        Assigned for keying and markup
      
        2003-04 Apex CoVantage
        Keyed and coded from ProQuest page images
      
        2004-11 Ben Griffin
        Sampled and proofread
      
        2004-11 Ben Griffin
        Text and markup reviewed and edited
      
        2005-01 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
         
         
           
             
               S
               r
               THOMAS
               WENTWORTH
               Kt.
               EARLE
               of
               STRAFFORDE
               ,
               Viscount
               Wentworth
               ,
               Baron
               Wentworth
               of
               Wentworth
               ,
               Woodhowse
               ,
               Newmarch
               ,
               Oversley
               &
               Raby
               ,
               Ld.
               Lievtenant
               Generall
               ,
               and
               Generall
               Governor
               of
               the
               Kingdome
               of
               Ireland
               :
               and
               Ld.
               President
               of
               y
               e
               Councill
               established
               in
               y
               e
               North
               parts
               of
               England
               ,
               L
               d
               Lievtenant
               of
               y
               e
               County
               &
               City
               of
               York
               ,
               &
               one
               of
               his
               Ma
               ty
               most
               hon
               ble
               Privy
               Councill
               ,
               and
               Knight
               of
               y
               e
               most
               Noble
               order
               of
               the
               Garter
               .
            
          
        
      
       
         
         
           THE
           TRYAL
           OF
           Thomas
           Earl
           of
           Strafford
           ,
           Lord
           Lieutenant
           of
           IRELAND
           ,
           Upon
           an
           Impeachment
           of
           High
           Treason
           BY
           The
           COMMONS
           then
           Assembled
           in
           PARLIAMENT
           ,
           In
           the
           Name
           of
           THEMSELVES
           and
           of
           All
           the
           Commons
           in
           England
           :
           Begun
           in
           Westminster-Hall
           the
           22
           th
           of
           March
           1640.
           
           And
           Continued
           before
           Judgment
           was
           Given
           until
           the
           10
           th
           of
           May
           1641.
           
        
         
           Shewing
           the
           Form
           of
           PARLIAMENTARY
           Proceedings
           In
           an
           IMPEACHMENT
           of
           TREASON
           .
        
         
           To
           which
           is
           Added
           A
           short
           Account
           of
           some
           other
           MATTERS
           of
           FACT
           Transacted
           in
           Both
           Houses
           of
           PARLIAMENT
           ,
           Precedent
           ,
           Concomitant
           and
           Subsequent
           to
           the
           said
           TRYAL
           :
           With
           some
           Special
           Arguments
           in
           LAW
           Relating
           to
           a
           BILL
           of
           ATTAINDER
           .
        
         
           Faithfully
           Collected
           ,
           and
           Impartially
           Published
           ,
           Without
           Observation
           or
           Reflection
           ,
           By
           
             IOHN
             RUSHWORTH
          
           of
           Lincolnes-Inn
           ,
           
             Esq
          
        
         
           LONDON
           ,
           Printed
           for
           
             John
             Wright
          
           at
           the
           Crown
           on
           Ludgate-Hill
           ,
           and
           
             Richard
             Chiswell
          
           at
           the
           Rose
           and
           Crown
           in
           St.
           Pauls
           Church-Yard
           ,
           1680.
           
        
      
       
         
         
         
           To
           the
           Right
           HONOURABLE
           
             GEORGE
             EARL
             OF
             HALIFAX
          
           ;
           One
           of
           His
           Majesties
           most
           Honourable
           
             PRIVY
             COUNCIL
          
           .
        
         
           My
           LORD
           ,
        
         
           NO
           Man
           (
           I
           believe
           )
           understands
           better
           than
           your
           Lordship
           ,
           the
           Interest
           and
           Concern
           that
           Posterity
           hath
           ,
           in
           a
           true
           account
           of
           all
           matters
           of
           moment
           ,
           that
           were
           transacted
           by
           their
           Ancestors
           ;
           and
           I
           know
           none
           in
           whose
           Devotion
           ,
           to
           the
           service
           of
           the
           King
           and
           Kingdom
           ,
           I
           could
           so
           confide
           ,
           as
           in
           your
           
           Lordships
           ,
           to
           Patronize
           this
           plain
           and
           full
           Relation
           of
           the
           proceedings
           in
           Parliament
           ,
           in
           the
           Case
           of
           the
           greatest
           Minister
           of
           State
           ,
           in
           his
           time
           .
        
         
           I
           some
           times
           doubted
           that
           the
           Dedication
           of
           these
           Papers
           to
           your
           Lordship
           ,
           might
           be
           improper
           ,
           because
           of
           your
           Lordships
           Descent
           from
           the
           Sister
           of
           that
           great
           Personage
           ,
           whose
           unhappy
           Fate
           is
           here
           related
           .
           But
           having
           well
           considered
           ,
           that
           Honor
           ,
           Truth
           ,
           and
           Justice
           ,
           have
           the
           Supreme
           Empire
           in
           your
           truly
           Noble
           Soul
           ;
           and
           that
           a
           full
           and
           clear
           Narrative
           of
           all
           the
           Matters
           of
           Fact
           ,
           that
           occurred
           in
           this
           great
           Affairs
           ,
           with
           the
           Intentions
           and
           Constructions
           of
           them
           ,
           as
           declared
           from
           the
           mouth
           of
           your
           Noble
           Ancestor
           himself
           ,
           is
           the
           fairest
           and
           justest
           way
           to
           represent
           him
           truly
           to
           future
           Ages
           ;
           I
           conceived
           it
           not
           unfit
           for
           your
           Lordship
           to
           favour
           this
           true
           Account
           of
           him
           ,
           
             which
             may
             protect
             his
             Name
             from
             the
             injuries
             ,
             both
             of
             Ignorance
             and
             Malice
             .
          
        
         
           I
           ought
           not
           ,
           neither
           can
           I
           flatter
           your
           Lordship
           ;
           you
           are
           too
           well
           known
           to
           need
           any
           thing
           that
           can
           be
           said
           by
           me
           of
           your
           Worth
           and
           true
           Nobleness
           ;
           and
           the
           Character
           of
           this
           your
           Ancestor
           is
           best
           to
           be
           collected
           from
           the
           following
           Papers
           .
           His
           Letters
           published
           by
           me
           in
           the
           Second
           Part
           of
           my
           
             Historical
             Collections
          
           ,
           and
           his
           Behaviour
           
           in
           this
           solemn
           Tryal
           here
           published
           ,
           discovers
           the
           greatness
           of
           his
           Parts
           ,
           the
           quickness
           of
           his
           Apprehension
           ,
           the
           excellence
           of
           his
           Wit
           and
           Eloquence
           ,
           the
           contempt
           he
           had
           of
           Death
           ,
           and
           the
           serene
           Composure
           of
           his
           mind
           in
           that
           Part
           of
           his
           Life
           ,
           which
           falls
           within
           this
           History
           ,
        
         
           I
           should
           not
           have
           dared
           to
           present
           this
           Work
           to
           your
           Lordship
           ,
           so
           nearly
           related
           to
           this
           eminent
           Minister
           of
           State
           ,
           if
           I
           had
           not
           been
           a
           Witnesse
           to
           all
           the
           steps
           of
           the
           proceedings
           in
           this
           great
           ▪
           Action
           ,
           and
           if
           I
           had
           not
           taken
           in
           Characters
           ,
           as
           well
           and
           truly
           ,
           all
           that
           was
           said
           for
           him
           ,
           as
           what
           his
           Accusers
           said
           against
           him
           ;
           and
           therefore
           I
           can
           with
           great
           assurance
           aver
           it
           to
           be
           a
           candid
           Representation
           of
           Matter
           of
           Fact
           ,
           which
           is
           all
           I
           pretend
           to
           publish
           to
           the
           World
           :
           andas
           far
           as
           the
           exactest
           care
           could
           carry
           me
           ,
           I
           have
           done
           it
           so
           punctually
           true
           ,
           that
           I
           am
           hopeful
           there
           is
           none
           can
           have
           any
           just
           Exception
           to
           any
           part
           of
           it
           .
           My
           Lord
           ,
           There
           is
           none
           alive
           can
           judge
           of
           a
           Work
           of
           this
           nature
           better
           than
           your self
           ,
           who
           as
           you
           are
           descended
           from
           a
           Race
           of
           Statesmen
           ,
           being
           Nephew
           and
           Grandson
           to
           the
           Two
           chief
           Ministers
           of
           the
           last
           age
           ,
           this
           Great
           Earl
           ,
           and
           the
           Wise
           and
           Fortunate
           Lord
           Keeper
           Coventry
           ,
           so
           are
           you
           lookt
           on
           by
           all
           ,
           as
           a
           Person
           born
           for
           the
           Service
           of
           the
           KING
           ,
           and
           the
           publique
           good
           of
           your
           Countrey
           :
           And
           as
           
           I
           have
           always
           had
           a
           constant
           Experience
           of
           your
           Goodness
           and
           Indulgence
           to
           my self
           ,
           so
           I
           humbly
           hope
           your
           Lordship
           will
           favourably
           construe
           my
           intentions
           in
           this
           Dedication
           ,
           and
           accept
           of
           it
           as
           a
           tribute
           of
           Duty
           and
           Acknowledgement
           humbly
           offered
           by
        
         
           May
           it
           please
           your
           Lordship
           ,
           
             Your
             Lordships
             most
             Humble
             ,
             Most
             Faithful
             ,
             and
             Most
             obliged
             Servant
             
               JO.
               RUSHWORTH
            
             .
          
           
             
               March
               25.
               1680.
               
            
          
        
      
       
         
         
           THE
           PREFACE
           .
        
         
           I
           Cannot
           think
           that
           there
           wants
           an
           Apology
           for
           publishing
           the
           ensuing
           Papers
           ,
           although
           the
           Press
           seems
           over-charged
           .
           The
           Trial
           of
           Thomas
           Earl
           of
           Strafford
           ,
           was
           ,
           and
           is
           ,
           some
           way
           or
           other
           ,
           the
           Concern
           of
           every
           Man
           of
           England
           ;
           and
           the
           Commissioners
           of
           Scotland
           and
           Ireland
           ,
           thought
           those
           Kingdoms
           also
           Sufferers
           by
           his
           Deportment
           ,
           and
           joyned
           in
           the
           Prosecution
           against
           him
           .
        
         
           All
           the
           Commons
           of
           England
           by
           their
           Deputies
           in
           Parliament
           were
           his
           Accusers
           ,
           and
           the
           Impeachment
           against
           him
           was
           in
           their
           Names
           .
        
         
           The
           Matter
           of
           his
           Charge
           had
           Reference
           to
           every
           English
           Man
           ,
           and
           all
           their
           Posterities
           ;
           He
           was
           accused
           of
           designing
           to
           destroy
           the
           security
           of
           every
           of
           their
           Estates
           ,
           Liberties
           and
           Lifes
           ,
           and
           to
           reduce
           them
           all
           to
           be
           subject
           to
           meer
           Will
           and
           Pleasure
           .
        
         
           It
           may
           therefore
           be
           said
           in
           the
           Maxim
           of
           our
           Government
           ,
           not
           much
           varying
           the
           sense
           ,
           Quod
           Omnes
           tangit
           ,
           ab
           omnibus
           tractari
           debet
           .
           Every
           man
           ought
           doubtless
           to
           know
           his
           own
           Case
           ,
           to
           understand
           whether
           that
           Great
           Man
           was
           justly
           accused
           of
           such
           a
           hainous
           Crime
           ;
           and
           whether
           the
           Kingdom
           escaped
           such
           a
           fatal
           blow
           ,
           as
           was
           then
           alledged
           by
           his
           exemplary
           Fall
           ,
           under
           the
           Iudgement
           of
           the
           King
           and
           Parliament
           ;
        
         
           For
           this
           purpose
           I
           expose
           to
           the
           common
           view
           ,
           the
           whole
           Proceedings
           of
           his
           Trial
           ,
           being
           the
           most
           solemn
           ,
           deliberate
           ,
           and
           every
           way
           ,
           the
           greatest
           Tryal
           ,
           whereof
           we
           have
           any
           Account
           in
           our
           English
           Story
           .
        
         
           The
           Preparations
           for
           his
           Tryal
           were
           made
           with
           an
           unusual
           solemnity
           ,
           and
           were
           the
           Results
           of
           the
           Prudence
           of
           many
           selected
           Lords
           and
           Commons
           ,
           as
           a
           Committee
           of
           both
           Houses
           .
        
         
         
           The
           usual
           places
           for
           Administring
           Iustice
           ,
           and
           Tryals
           of
           Offenders
           ,
           were
           thought
           too
           mean
           upon
           so
           great
           an
           occasion
           ,
           and
           therefore
           Scaffolds
           were
           erected
           in
           Westminster-Hall
           ,
           fit
           to
           receive
           so
           great
           an
           Assembly
           ,
           as
           were
           to
           attend
           his
           Trial.
           
        
         
           His
           Majesty
           had
           a
           Closet
           provided
           for
           him
           ,
           the
           Queen
           and
           Prince
           near
           the
           place
           ,
           where
           the
           House
           of
           Peers
           sate
           ,
           and
           was
           every
           day
           at
           the
           Tryal
           of
           the
           said
           Earl
           ,
           and
           might
           hear
           what
           was
           said
           ,
           and
           see
           what
           Witnesses
           were
           produced
           ,
           and
           take
           a
           full
           view
           of
           the
           greatness
           of
           the
           Assembly
           ,
           and
           yet
           remain
           privately
           in
           His
           Closet
           unseen
           .
           Seats
           were
           prepared
           for
           the
           Lord
           High
           Steward
           ,
           and
           all
           the
           House
           of
           Lords
           ,
           who
           sate
           as
           his
           Iudges
           ;
           Woolsacks
           were
           placed
           for
           all
           the
           Iustices
           or
           Iudges
           to
           be
           their
           Assistants
           :
           There
           were
           also
           Seats
           provided
           for
           all
           the
           Commons
           in
           Parliament
           ,
           though
           they
           came
           not
           with
           their
           Speaker
           and
           his
           Mace
           ,
           as
           a
           House
           of
           Parliament
           ,
           but
           as
           a
           Committee
           of
           the
           whole
           House
           ;
           Seats
           were
           likewise
           prepared
           for
           the
           Commissioners
           of
           the
           Kingdom
           of
           Scotland
           and
           Ireland
           ,
           which
           made
           it
           an
           Assembly
           of
           Three-Kingdoms
           .
        
         
           At
           the
           lower
           end
           of
           the
           Scaffolds
           ,
           a
           place
           was
           provided
           for
           Thirteen
           Members
           of
           the
           House
           of
           Commons
           ,
           who
           were
           appointed
           for
           the
           Earls
           Prosecutors
           ,
           to
           manage
           the
           Evidence
           against
           him
           ;
           near
           to
           them
           stood
           the
           Prisoner
           with
           a
           Table
           before
           him
           ,
           and
           a
           Desk
           to
           write
           upon
           ,
           and
           a
           Chair
           was
           set
           for
           him
           to
           rest
           himself
           when
           he
           found
           it
           needful
           .
        
         
           The
           Author
           of
           the
           ensuing
           Papers
           was
           purposely
           placed
           near
           the
           Earl
           ,
           to
           take
           in
           Characters
           whatsoever
           should
           be
           said
           ,
           either
           against
           or
           for
           him
           ,
           and
           to
           the
           best
           of
           his
           skill
           ,
           he
           did
           impartially
           put
           in
           Writing
           what
           was
           said
           in
           the
           Case
           Pro
           and
           Con
           ;
           he
           hath
           not
           wittingly
           or
           willingly
           omitted
           the
           least
           Particle
           said
           in
           the
           Prisoners
           Defence
           ,
           either
           by
           himself
           or
           any
           body
           in
           his
           behalfe
           ;
           he
           hath
           not
           varied
           the
           form
           or
           manner
           of
           his
           Expressions
           ,
           being
           full
           of
           Eloquence
           ,
           and
           pleasing
           Rhetorick
           ,
           and
           excellently
           adapted
           to
           move
           compassion
           ,
           both
           in
           his
           Iudges
           ,
           and
           the
           numerous
           Assembly
           of
           Auditors
           .
        
         
           The
           Greatness
           of
           this
           Minister
           of
           State
           's
           Tryal
           every
           way
           answered
           the
           High
           Station
           and
           Employments
           ,
           unto
           which
           he
           had
           been
           advanced
           ;
           and
           the
           lofty
           Designs
           he
           had
           managed
           .
           And
           the
           Books
           of
           his
           Life
           ,
           from
           the
           time
           of
           his
           admission
           in
           the
           Cabinet
           of
           his
           
           Princes
           Council
           ,
           were
           exposed
           to
           the
           Worlds
           View
           and
           the
           most
           profound
           Learning
           of
           the
           Laws
           of
           our
           Countrey
           ,
           the
           sharpest
           Wit
           ;
           and
           the
           deepest
           wisdom
           of
           our
           Kingdom
           were
           employed
           to
           examine
           and
           measure
           what
           he
           had
           done
           .
           Not
           only
           by
           those
           Rules
           of
           Iustice
           ,
           whereby
           all
           our
           ordinary
           Courts
           of
           Iustice
           are
           wisely
           bound
           by
           our
           Ancestors
           ,
           to
           proceed
           in
           the
           Trial
           of
           Criminals
           ,
           but
           by
           those
           Fundamental
           Rules
           ,
           and
           Maxims
           of
           our
           English
           Government
           ,
           which
           that
           Parliament
           asserted
           to
           be
           the
           safeguard
           ,
           both
           of
           the
           King
           and
           People
           ,
           and
           to
           be
           so
           reserved
           in
           the
           custody
           of
           the
           Supream
           Legislative
           Power
           ,
           that
           no
           Criminals
           ,
           by
           the
           violation
           of
           those
           First
           Principles
           ,
           which
           they
           said
           gave
           the
           Being
           to
           our
           Government
           ,
           can
           be
           judged
           otherwise
           than
           in
           Parliament
           ,
           the
           ordinary
           Iudges
           being
           obliged
           by
           that
           famous
           Statute
           of
           the
           25th
           of
           Edw.
           3.
           concerning
           Treasons
           ,
           to
           Respit
           Iudgment
           in
           all
           such
           Cases
           ,
           until
           the
           matter
           be
           declared
           in
           Parliament
           ,
           and
           Iudgment
           there
           given
           ;
           whether
           the
           offence
           whereof
           any
           shall
           be
           accused
           ,
           be
           Treason
           ,
           or
           other
           Felony
        
         
           This
           Tryal
           being
           upon
           an
           Impeachment
           for
           Treasons
           ,
           not
           specially
           named
           and
           declared
           in
           the
           Statute
           of
           the
           25th
           Edw.
           3.
           occasioned
           more
           industrious
           and
           exquisite
           searches
           to
           be
           made
           into
           the
           most
           antient
           Records
           of
           the
           Kingdom
           ,
           than
           had
           been
           for
           some
           hundreds
           of
           years
           ,
           and
           also
           caused
           the
           most
           Learned
           of
           the
           Long
           Robe
           to
           tumble
           over
           their
           Law-Books
           ,
           and
           to
           apply
           their
           minds
           to
           look
           into
           the
           bowels
           of
           our
           antient
           Laws
           ,
           and
           the
           reason
           of
           them
           ,
           from
           whence
           they
           had
           their
           Being
           ,
           and
           doubtless
           the
           Counsel
           on
           either
           side
           brought
           out
           of
           their
           most
           secret
           Treasuries
           ,
           the
           quintescence
           of
           all
           their
           Learning
           and
           Studies
           ;
           besides
           the
           weight
           of
           the
           Cause
           ,
           every
           mans
           Reputation
           pushed
           him
           to
           shew
           his
           utmost
           skill
           before
           so
           great
           and
           so
           grave
           an
           Assembly
           of
           such
           Critical
           and
           excellent
           Iudges
           and
           Auditors
           .
        
         
           The
           Reader
           may
           find
           in
           these
           Papers
           all
           the
           sweetness
           of
           Learning
           ,
           Wisdom
           ,
           and
           Policy
           ,
           which
           was
           the
           issue
           of
           the
           long
           Labours
           and
           Travels
           of
           many
           industrious
           Bees
           ,
           in
           the
           whole
           spring
           of
           their
           youth
           and
           vigor
           .
        
         
           The
           long
           continuance
           of
           this
           Trial
           ,
           is
           another
           Evidence
           of
           its
           greatness
           ;
           it
           begun
           the
           22
           of
           March
           1640.
           and
           continued
           with
           the
           interposition
           of
           divers
           Intervals
           ,
           for
           deliberation
           ,
           and
           providing
           Evidence
           ,
           until
           the
           12th
           of
           April
           1641.
           
           And
           an
           ACT
           for
           Iudgment
           in
           a
           Bill
           of
           Attainder
           ,
           passed
           against
           the
           Earl
           in
           the
           House
           of
           Commons
           the
           21
           of
           the
           same
           month
           ,
           and
           in
           the
           House
           of
           Peers
           on
           the
           10th
           of
           May
           following
           .
        
         
         
           I
           ought
           not
           to
           anticipate
           the
           Reader
           with
           any
           thing
           that
           happened
           during
           this
           solemn
           Tryal
           ,
           nor
           to
           point
           at
           matter
           of
           Law
           or
           Fact
           ;
           every
           Reader
           ought
           to
           suppose
           himself
           present
           at
           the
           Tryal
           ,
           and
           to
           make
           his
           own
           Comments
           upon
           the
           Law
           and
           Fact
           ,
           as
           it
           appeared
           ;
           every
           Professor
           or
           Student
           of
           the
           Law
           may
           transcribe
           into
           his
           Common
           place
           Book
           ,
           what
           he
           shall
           judge
           of
           most
           use
           ,
           and
           every
           States-man
           may
           do
           the
           like
           in
           his
           Studies
           ;
           and
           every
           Man
           great
           and
           small
           ,
           may
           ,
           if
           he
           please
           ,
           make
           excellent
           Moral
           Reflections
           upon
           the
           Rise
           ,
           Greatness
           ,
           and
           fall
           of
           this
           seeming
           Fortunate
           ,
           and
           yet
           at
           last
           Unfortunate
           Gentleman
           .
        
         
           This
           Great
           Mans
           principal
           Crime
           ,
           objected
           against
           him
           by
           the
           
           Parliament
           ,
           was
           his
           attempts
           to
           subvert
           that
           excellent
           Law
           called
           The
           Petition
           of
           Right
           ,
           which
           he
           himself
           (
           especially
           in
           a
           Speech
           made
           by
           him
           in
           Parliament
           on
           ,
           the
           22
           of
           March
           ,
           in
           the
           year
           162●
           had
           promoted
           and
           pressed
           with
           the
           most
           ardent
           Zeal
           ,
           as
           the
           best
           Inheritance
           he
           could
           leave
           his
           Posterity
           ,
           and
           all
           the
           Laws
           confirmed
           and
           renewed
           in
           that
           Petition
           of
           Right
           ,
           were
           said
           to
           be
           the
           most
           invenomed
           Arrows
           that
           gave
           him
           his
           mortal
           wound
           ;
           but
           how
           justly
           these
           were
           urged
           against
           him
           ,
           is
           not
           my
           part
           to
           determine
           .
        
         
           I
           wish
           my
           Labours
           in
           Collecting
           truly
           the
           Matter
           of
           Fact
           ,
           may
           be
           an
           occasion
           to
           many
           ,
           to
           make
           True
           and
           Righteous
           Iudgment
           in
           this
           particular
           Case
           so
           much
           Controverted
           ,
           and
           that
           from
           these
           Matters
           of
           Law
           and
           Fact
           ,
           such
           right
           measure
           may
           be
           taken
           ,
           that
           all
           our
           future
           Ministers
           of
           State
           may
           escape
           the
           conjoyned
           Complaints
           of
           the
           Three
           Kingdoms
           against
           them
           :
           and
           that
           the
           Government
           may
           be
           so
           Administred
           ,
           as
           shall
           best
           conduce
           to
           the
           happiness
           of
           the
           King
           and
           Kingdom
           .
        
      
       
         
           ADVERTISEMENT
           ,
        
         
           THere
           is
           lately
           published
           
             Historical
             Collections
          
           :
           The
           Second
           Part.
           Containing
           the
           principal
           Matters
           which
           happened
           from
           the
           Dissolution
           of
           the
           Parliament
           ,
           on
           the
           10th
           of
           March
           ,
           4
           Car.
           I.
           162●
           .
           until
           the
           summoning
           of
           another
           Parliament
           ,
           which
           met
           at
           
             Westminster
             ,
             April
          
           13.
           1640.
           
           With
           an
           Account
           of
           the
           Proceedings
           of
           that
           Parliamet
           ,
           and
           the
           Transactions
           and
           Affairs
           from
           that
           time
           ,
           until
           the
           meeting
           of
           another
           Parliament
           ,
           Nov.
           3
           ,
           following
           ,
           with
           some
           remarkable
           passages
           therein
           ,
           during
           the
           Firstsix
           months
           ▪
           Impartially
           related
           and
           disposed
           in
           Annals
           .
           Setting
           forth
           only
           
             Matter
             of
             Fact
             in
             order
             of
             Time
             ,
          
           without
           Observation
           or
           Reflection
           .
           By
           
             Iohn
             Rushworth
          
           of
           Lincolns-Inn
           ,
           
             Esq
          
        
      
    
     
       
         
         
           An
           
             Introductive
             Account
          
           of
           several
           Passages
           previous
           to
           the
           
             GRAND
             TRYAL
          
           of
           Thomas
           Earl
           of
           Strafford
           ,
           who
           was
           Impeached
           by
           the
           
             House
             of
             Commons
          
           on
           the
           11th
           of
           November
           ,
           1640.
           
           As
           also
           of
           Passages
           and
           Proceedings
           in
           Parliament
           from
           that
           time
           unto
           the
           22.
           of
           March
           the
           same
           Year
           ,
           when
           his
           Trial
           first
           began
           in
           Westminster-Hall
           .
        
         
           Likewise
           an
           Account
           of
           Proceedings
           and
           remarkable
           Passages
           in
           both
           Houses
           of
           Parliament
           ,
           and
           some
           material
           Matters
           elsewhere
           Concomitant
           to
           the
           said
           Trial
           ,
           during
           the
           time
           it
           lasted
           ,
           which
           was
           until
           the
           30th
           of
           April
           ,
           1641.
           
        
         
           
             Friday
             ,
             November
             6th
             ,
             1640.
             
          
           
             THe
             House
             of
             Commons
             having
             in
             the
             first
             place
             ,
             according
             to
             ancient
             Custom
             ,
             setled
             all
             their
             Grand
             Committees
             ,
             for
             Religion
             ,
             Grievances
             ,
             Courts
             of
             Justice
             ,
             Trade
             ,
             and
             Priviledges
             ;
             It
             was
             moved
             ,
             That
             in
             regard
             the
             Complaints
             of
             the
             Kings
             Subjects
             in
             Ireland
             were
             many
             ,
             who
             had
             undergone
             great
             Oppressions
             in
             that
             Kingdom
             by
             Male-Government
             there
             ,
             and
             come
             to
             this
             Parliament
             for
             Relief
             ,
             might
             be
             referred
             to
             a
             Committee
             of
             the
             whole
             House
             for
             that
             purpose
             only
             to
             be
             appointed
             .
             This
             motion
             being
             made
             by
             Mr.
             Pym
             ,
             and
             seconded
             by
             Sir
             
               Iohn
               Clotworthy
            
             ,
             avowing
             many
             particulars
             of
             the
             Complaints
             mentioned
             to
             be
             true
             ,
             it
             made
             a
             Discovery
             to
             such
             as
             were
             well-wishers
             to
             Thomas
             Lord
             Wentworth
             Earl
             of
             Strafford
             and
             Lord
             Lieutenant
             of
             Ireland
             ,
             that
             this
             Motion
             was
             intended
             by
             a
             side-wind
             ,
             to
             accumulate
             Complaints
             against
             him
             the
             said
             Lord
             Lieutenant
             ,
             in
             order
             to
             an
             Accusation
             ;
             so
             when
             the
             question
             was
             put
             ,
             after
             long
             debate
             ,
             viz.
             Whether
             the
             Irish
             Affairs
             should
             be
             referred
             to
             a
             Committee
             of
             the
             whole
             House
             ?
             The
             House
             was
             divided
             ,
             Sir
             
               Iohn
               Clotworthy
            
             and
             Sir
             
               Henry
               Mildmay
            
             being
             of
             Opinion
             for
             the
             Yeas
             ,
             were
             appointed
             Tellers
             of
             the
             number
             of
             the
             Noes
             ;
             and
             Sir
             
               Edward
               Bainton
            
             and
             Sir
             
               Richard
               Luson
            
             being
             of
             Opinion
             ,
             not
             to
             refer
             this
             business
             of
             Ireland
             to
             a
             Grand
             Committee
             ,
             conceiving
             it
             without
             President
             ,
             were
             appointed
             Tellers
             of
             the
             number
             of
             the
             Yeas
             ,
             and
             when
             they
             had
             told
             all
             ,
             they
             came
             up
             to
             the
             Table
             ,
             and
             made
             this
             Report
             to
             Mr.
             Speaker
             ,
             That
             there
             were
             with
             the
             Yeas
             165
             ,
             and
             with
             the
             Noes
             152
             ,
             whereupon
             it
             was
             Resolved
             upon
             the
             Question
             ,
             That
             the
             Irish
             Affairs
             should
             be
             referred
             to
             a
             Grand
             Committee
             of
             the
             whole
             House
             ,
             to
             meet
             to
             morrow
             in
             the
             Afternoon
             at
             Two
             of
             the
             Clock
             in
             the
             House
             ,
             and
             afterwards
             every
             Thursday
             at
             the
             same
             hour
             and
             place
             :
             And
             this
             Committee
             is
             Ordered
             to
             have
             the
             like
             Power
             as
             the
             other
             Grand
             Committees
             of
             the
             whole
             House
             have
             .
          
           
             This
             Vote
             being
             carried
             for
             a
             Grand
             Committee
             as
             to
             Irish
             Affairs
             ,
             a
             Cabal
             of
             Friends
             to
             the
             Earl
             of
             Strafford
             sent
             down
             post
             unto
             him
             into
             York-shire
             to
             acquaint
             him
             ,
             that
             they
             apprehended
             a
             Design
             against
             him
             
             in
             the
             making
             of
             this
             Committee
             ,
             and
             left
             it
             to
             his
             own
             Election
             ,
             whether
             he
             would
             stay
             still
             on
             the
             Head
             of
             his
             Army
             ,
             or
             come
             up
             to
             the
             Parliament
             .
             But
             if
             he
             did
             incline
             to
             come
             up
             ,
             that
             he
             would
             ,
             at
             his
             first
             appearance
             ,
             Impeach
             some
             Members
             of
             both
             Houses
             (
             if
             he
             had
             Evidence
             for
             the
             same
             )
             of
             being
             privy
             to
             the
             bringing
             the
             Scotch
             Army
             into
             this
             Kingdom
             ,
             and
             told
             him
             ,
             It
             was
             his
             wisdom
             to
             begin
             first
             ,
             and
             not
             to
             be
             first
             Impeached
             ,
             as
             the
             Earl
             of
             Bristol
             was
             by
             the
             great
             Duke
             of
             Buckingham
             .
             The
             said
             Earl
             ,
             upon
             the
             receipt
             of
             this
             Advertisement
             ,
             suddenly
             resolved
             to
             come
             up
             and
             abide
             the
             Test
             of
             Parliament
             .
             But
             his
             Friends
             ,
             then
             with
             him
             in
             the
             North
             ,
             told
             him
             ,
             That
             his
             frank
             appearance
             would
             make
             Polit●ans
             doubt
             ,
             whether
             he
             did
             thereby
             assume
             his
             Judgment
             and
             wonted
             Prudence
             ,
             to
             go
             thus
             from
             his
             Army
             to
             the
             Parliament
             ,
             where
             his
             Wisdom
             could
             not
             but
             know
             ,
             that
             the
             Scots
             and
             Scotizing-English
             had
             resolved
             his
             destruction
             ,
             and
             therefore
             (
             said
             they
             )
             unto
             him
             ,
             It
             were
             better
             to
             keep
             under
             the
             safe-guard
             of
             the
             English
             Army
             ,
             at
             his
             Command
             ,
             (
             from
             which
             he
             had
             acquired
             some
             affection
             )
             or
             retire
             to
             the
             Army
             in
             Ireland
             ,
             then
             being
             also
             at
             his
             Devotion
             ,
             or
             take
             Sanctuary
             in
             some
             Forreign
             Parts
             ,
             till
             fair
             weather
             might
             invite
             him
             home
             ,
             neither
             (
             said
             they
             )
             would
             Discretion
             Vote
             it
             a
             betraying
             of
             his
             Innocency
             to
             decline
             a
             Trial
             ,
             whereby
             the
             means
             of
             Factions
             raised
             in
             England
             and
             Scotland
             by
             his
             malicious
             Prosecutors
             ,
             and
             backed
             with
             Power
             ,
             his
             Innocency
             could
             not
             protect
             him
             .
             They
             further
             told
             him
             ,
             that
             if
             Sentence
             should
             pass
             against
             him
             for
             Non-appearance
             ,
             yet
             he
             had
             kept
             his
             freedom
             till
             better
             times
             ,
             when
             he
             might
             have
             occasion
             to
             do
             His
             Master
             better
             Service
             abroad
             ,
             than
             in
             Council
             at
             White-hall
             .
          
           
             But
             the
             said
             Earl
             conceiving
             he
             had
             got
             good
             Evidence
             in
             the
             North
             ,
             that
             the
             Scots
             came
             in
             by
             Invitation
             and
             Confederacy
             ,
             between
             the
             Heads
             of
             the
             Covenanters
             and
             some
             of
             the
             English
             Members
             of
             both
             Houses
             ,
             and
             having
             digested
             such
             his
             Intelligence
             almost
             into
             the
             form
             of
             an
             Impeachment
             ,
             he
             posted
             up
             with
             the
             same
             ,
             intending
             to
             present
             it
             to
             the
             House
             of
             Peers
             ,
             as
             soon
             as
             he
             arrived
             there
             .
             But
             on
             
               Wednesday
               ,
               Nov.
            
             11th
             the
             House
             of
             Commons
             being
             acquainted
             by
             a
             Member
             ,
             that
             there
             was
             a
             business
             of
             great
             weight
             to
             be
             imparted
             ,
             desired
             the
             House
             that
             the
             Lobby
             without
             might
             be
             first
             cleared
             ,
             and
             the
             Key
             of
             the
             House
             brought
             up
             to
             the
             Table
             ,
             which
             was
             done
             accordingly
             ;
             and
             as
             the
             House
             had
             entred
             into
             debate
             about
             the
             Earl
             of
             Strafford
             ,
             there
             came
             a
             Message
             from
             the
             Lords
             by
             the
             Lord
             Chief
             Justice
             Bramstom
             ,
             and
             Judge
             Foster
             ,
             That
             the
             King
             had
             commanded
             the
             Lords
             Commissioners
             ,
             who
             were
             appointed
             to
             Treat
             with
             the
             Scots
             Commissioners
             at
             Rippon
             ,
             to
             give
             an
             Account
             to
             both
             Houses
             of
             Parliament
             of
             that
             which
             passed
             there
             and
             at
             York
             ,
             and
             thereupon
             the
             Lords
             desire
             there
             may
             be
             a
             meeting
             ,
             by
             a
             Committee
             of
             both
             Houses
             this
             Afternoon
             in
             the
             Painted-Chamber
             at
             Three
             of
             the
             Clock
             ,
             if
             the
             occasions
             of
             this
             House
             will
             give
             leave
             .
          
           
             At
             this
             time
             many
             Members
             of
             the
             House
             conceived
             this
             Message
             was
             now
             sent
             ,
             to
             get
             Intelligence
             ,
             what
             private
             debate
             was
             in
             hand
             ;
             The
             House
             of
             Commons
             returned
             this
             Answer
             by
             the
             same
             Messengers
             ,
             That
             at
             this
             time
             they
             were
             in
             Agitation
             of
             very
             Weighty
             and
             Important
             Affairs
             ,
             and
             therefore
             they
             do
             doubt
             they
             shall
             not
             be
             ready
             ,
             to
             give
             them
             a
             meeting
             this
             Afternoon
             ,
             as
             the
             Lords
             desire
             ,
             but
             as
             soon
             as
             they
             may
             ,
             they
             will
             send
             an
             Answer
             by
             Messengers
             of
             their
             own
             .
          
           
             After
             the
             Messengers
             were
             withdrawn
             ,
             the
             House
             proceeded
             in
             the
             Debate
             they
             were
             in
             before
             ,
             and
             appointed
             a
             Committee
             to
             prepare
             matter
             upon
             the
             said
             Debate
             ,
             for
             a
             Conference
             with
             the
             Lords
             ,
             concerning
             the
             〈◊〉
             of
             〈◊〉
             ,
             and
             named
             seven
             Members
             ,
             viz.
             
          
           
             
               
               Mr.
               Pym
               ,
            
             
               Mr.
               Stroud
               ,
            
             
               Mr.
               St.
               Iohn
               ,
            
             
               Lord
               Digby
               ,
            
             
               Sir
               Iohn
               Clotworthy
               ,
            
             
               Sir
               Walter
               Earle
               ,
               and
            
             
               Mr.
               Hampden
               .
            
          
           
             Which
             select
             Committee
             retired
             immediately
             into
             the
             Committee-Chamber
             ,
             to
             prepare
             Matter
             of
             a
             Conference
             to
             be
             prayed
             with
             the
             Lords
             ,
             and
             a
             Charge
             against
             the
             Earl
             of
             Strafford
             .
          
           
             The
             said
             Committee
             presently
             returned
             to
             the
             House
             ,
             and
             reported
             the
             
             Matter
             to
             them
             referred
             ;
             Whereupon
             it
             was
             Resolved
             upon
             the
             Question
             ,
             That
             a
             Message
             be
             sent
             from
             this
             House
             to
             the
             Lords
             ,
             in
             the
             Name
             of
             this
             House
             ,
             and
             of
             all
             the
             Commons
             of
             England
             ,
             to
             accuse
             Thomas
             Lord
             Wentworth
             ,
             Earl
             of
             Strafford
             ,
             Lord
             Lieutenant
             of
             Ireland
             ,
             of
             High
             Treason
             ,
             and
             to
             desire
             that
             he
             may
             be
             Sequestred
             from
             Parliament
             ,
             and
             be
             Committed
             to
             Prison
             ;
             and
             that
             within
             some
             convenient
             time
             this
             House
             will
             resort
             to
             their
             Lordships
             with
             particular
             Accusations
             and
             Articles
             against
             him
             .
          
           
             Mr.
             Pym
             went
             up
             with
             this
             Message
             to
             the
             Lords
             ,
             and
             at
             his
             Return
             made
             this
             Report
             to
             the
             House
             .
          
           
             That
             he
             had
             Repaired
             to
             the
             Lords
             ,
             and
             there
             ,
             in
             the
             Name
             of
             this
             
             House
             ,
             and
             of
             all
             the
             Commons
             of
             England
             ,
             did
             Accuse
             the
             said
             Earl
             of
             Strafford
             of
             High
             Treason
             ,
             and
             that
             he
             had
             also
             delivered
             the
             other
             Particulars
             he
             had
             in
             Charge
             .
             Their
             Lordships
             Answer
             was
             ,
             That
             they
             do
             desire
             to
             take
             this
             weighty
             Matter
             into
             their
             serious
             Consideration
             ,
             and
             will
             speedily
             send
             an
             Answer
             by
             Messengers
             of
             their
             own
             .
          
           
             Afterwards
             Mr.
             Pym
             was
             sent
             up
             to
             the
             Lords
             ,
             with
             a
             Message
             that
             some
             fit
             course
             be
             taken
             ,
             that
             there
             may
             be
             free
             Passage
             between
             England
             and
             Ireland
             ,
             notwithstanding
             any
             Restraint
             made
             there
             to
             the
             contrary
             .
          
           
             The
             same
             day
             came
             a
             Message
             from
             the
             Lords
             by
             the
             two
             Chief
             Justices
             ,
             
             That
             the
             Lords
             have
             taken
             into
             serious
             Consideration
             ,
             the
             Accusation
             sent
             from
             this
             House
             against
             the
             Earl
             of
             Strafford
             ,
             and
             have
             Sequestred
             him
             from
             the
             House
             ,
             and
             have
             Committed
             him
             in
             safe
             Custody
             to
             the
             Messenger
             of
             their
             House
             ,
             and
             they
             will
             move
             his
             Majesty
             ,
             that
             the
             Passage
             from
             Ireland
             into
             England
             may
             be
             open
             ,
             notwithstanding
             any
             Restraint
             made
             there
             to
             the
             contrary
             .
          
           
             The
             Message
             delivered
             by
             Mr.
             Pym
             was
             in
             manner
             following
             :
          
           
             My
             Lords
             ,
             The
             Knights
             ,
             Citizens
             and
             Burgesses
             now
             Assembled
             in
             the
             Commons
             House
             of
             Parliament
             ,
             have
             received
             Information
             of
             divers
             Traiterous
             Designs
             and
             Practices
             of
             a
             great
             Peer
             of
             this
             House
             ,
             and
             by
             vertue
             of
             a
             Command
             from
             them
             ,
             I
             do
             here
             in
             the
             Name
             of
             the
             Commons
             now
             Assembled
             in
             Parliament
             ,
             and
             in
             the
             Name
             of
             all
             the
             Commons
             of
             England
             ,
             Accuse
             Thomas
             Earl
             of
             Strafford
             ,
             Lord
             Lieutenant
             of
             Ireland
             ,
             of
             High
             Treason
             :
             And
             they
             have
             Commanded
             me
             further
             to
             desire
             your
             Lordships
             ,
             that
             he
             may
             be
             Sequestred
             from
             the
             Parliament
             ,
             and
             forthwith
             committed
             to
             Prison
             .
             They
             further
             Commanded
             me
             to
             let
             you
             know
             ,
             that
             they
             will
             within
             a
             very
             few
             days
             resort
             to
             your
             Lordships
             with
             the
             particular
             Articles
             and
             Grounds
             of
             this
             Accusation
             .
          
           
           
             The
             Earl
             being
             required
             to
             withdraw
             ,
             it
             was
             debated
             by
             the
             Peers
             ,
             Whether
             he
             should
             be
             Imprisoned
             on
             a
             general
             Accusation
             ,
             without
             any
             particular
             act
             of
             Treason
             charged
             against
             him
             or
             not
             ?
             But
             upon
             the
             question
             it
             was
             carried
             in
             the
             Affirmative
             ,
             and
             he
             being
             called
             in
             ,
             kneeled
             at
             the
             Bar
             ;
             and
             after
             standing
             up
             ,
             the
             Lord-Keeper
             spake
             to
             him
             as
             followeth
             :
          
           
             My
             Lord
             of
             Strafford
             ,
             The
             House
             of
             Commons
             ,
             in
             their
             own
             Name
             ,
             
             and
             in
             the
             Name
             of
             the
             whole
             Commons
             of
             England
             ,
             have
             this
             day
             Accused
             your
             Lordship
             to
             the
             Lords
             of
             the
             Higher
             House
             of
             Parliament
             of
             High
             Treason
             ,
             the
             Articles
             they
             will
             in
             a
             few
             days
             produce
             ;
             in
             the
             mean
             time
             they
             have
             desired
             of
             my
             Lords
             ,
             and
             my
             Lords
             have
             accordingly
             Resolved
             ,
             That
             your
             Lordship
             shall
             be
             committed
             into
             safe
             Custody
             to
             the
             Gentleman-Usher
             ,
             and
             be
             Sequestred
             from
             the
             House
             ,
             till
             your
             Lordship
             shall
             clear
             your self
             of
             the
             Accusations
             that
             shall
             be
             laid
             against
             you
             .
             And
             thereupon
             he
             was
             immediately
             taken
             into
             Custody
             by
             
               Iames
               Maxwell
            
             ,
             Usher
             of
             the
             Black
             Rod.
             
          
        
         
           
             Thursday
             ,
             Novemb.
             12th
             ,
             1640.
             
          
           
             A
             Message
             came
             from
             the
             Lords
             by
             the
             Lord
             Chief
             Justice
             Littleton
             ,
             
             and
             the
             Lord
             Chief
             Baron
             Davenport
             :
          
           
             That
             the
             Lords
             have
             Commanded
             Us
             to
             let
             You
             know
             ,
             that
             in
             pursuit
             of
             your
             desire
             Yesterday
             ,
             to
             have
             the
             Ports
             open
             between
             Ireland
             and
             
             England
             ,
             some
             of
             the
             Lords
             had
             moved
             His
             Majesty
             in
             it
             ,
             and
             it
             shall
             be
             done
             speedily
             and
             effectually
             .
          
           
             This
             day
             the
             House
             fell
             into
             serious
             Debate
             concerning
             Sir
             
               George
               Ratcliff
            
             ,
             an
             Intimate
             of
             the
             Lord
             Lieutenants
             of
             Ireland
             ,
             in
             whom
             he
             reposed
             great
             Trust
             and
             Confidence
             ,
             and
             by
             the
             discourse
             was
             as
             if
             he
             were
             guilty
             of
             High
             Treason
             ,
             in
             endeavouring
             to
             subvert
             the
             Fundamental
             Laws
             ,
             and
             that
             he
             did
             joyn
             with
             the
             Earl
             to
             bring
             in
             an
             Army
             from
             Ireland
             into
             this
             Kingdom
             ,
             and
             had
             joined
             with
             the
             said
             Earl
             to
             use
             Regal
             Power
             ,
             and
             to
             deprive
             the
             Subjects
             of
             this
             Kingdom
             of
             their
             Liberties
             .
             It
             was
             moved
             ,
             that
             he
             might
             be
             sent
             for
             over
             ;
             as
             also
             for
             Sir
             
               Robert
               King
            
             ,
             who
             is
             a
             material
             Witness
             against
             the
             Earl
             of
             Strafford
             .
             But
             for
             as
             much
             as
             they
             were
             Members
             of
             the
             Parliament
             then
             sitting
             in
             Ireland
             ,
             it
             was
             referred
             to
             a
             Committee
             ,
             viz.
             
          
           
             
               Mr.
               St.
               Iohns
               ,
            
             
               Mr.
               Selden
               ,
               
            
             
               Mr.
               Ieofrey
               Palmer
               ,
            
             
               Mr.
               Solicitor
               ,
            
             
               Mr.
               Maynard
               ,
            
             
               Mr.
               Grimston
               ,
            
             
               Mr.
               Chadwell
               .
            
          
           
             Which
             Committee
             had
             Power
             to
             consider
             what
             was
             fit
             to
             be
             done
             in
             sending
             for
             Sir
             
               George
               Ratcliff
            
             ,
             and
             Sir
             
               Robert
               King
            
             ,
             in
             regard
             they
             are
             Members
             of
             the
             said
             Parliament
             now
             sitting
             in
             Ireland
             ,
             and
             to
             present
             it
             to
             the
             Consideration
             of
             this
             House
             ,
             and
             are
             to
             meet
             to
             morrow
             Morning
             at
             Seven
             of
             the
             Clock
             in
             the
             Committee-Chamber
             .
          
           
             Ordered
             ,
             Mr.
             Speaker
             be
             intreated
             to
             be
             here
             this
             Afternoon
             ,
             to
             sit
             
             by
             ,
             at
             the
             Great
             Committee
             for
             Irish
             Affairs
             ,
             and
             if
             there
             be
             Cause
             ,
             to
             resume
             the
             House
             .
          
           
           
             And
             accordingly
             the
             Grand
             Committee
             of
             the
             whole
             House
             sate
             this
             Afternoon
             upon
             the
             Irish
             Affairs
             ,
             and
             the
             Speaker
             sate
             by
             ,
             according
             to
             Order
             .
             There
             came
             word
             that
             the
             Lords
             were
             come
             ,
             and
             expected
             the
             
             Committee
             of
             this
             House
             at
             the
             Conference
             ;
             concerning
             the
             Proceedings
             at
             the
             great
             Council
             at
             York
             .
             Mr.
             Speaker
             assumed
             the
             Chair
             ,
             and
             it
             was
             moved
             ,
             That
             the
             Committees
             that
             sate
             in
             other
             places
             ,
             might
             be
             sent
             for
             to
             attend
             the
             Conference
             ;
             that
             those
             Gentlemen
             might
             be
             sent
             for
             by
             the
             Mace
             that
             were
             gone
             before
             to
             the
             Conference
             .
          
           
             The
             House
             rose
             ,
             and
             the
             Committee
             went
             up
             to
             meet
             the
             Committee
             of
             the
             Lords
             at
             the
             Conference
             ;
             and
             Mr.
             Speaker
             adjourned
             the
             House
             ,
             and
             went
             home
             .
          
        
         
           
             Friday
             ,
             Novemb.
             13th
             ,
             1640.
             
          
           
             Ordered
             ,
             that
             the
             Committee
             for
             preparing
             the
             Charge
             against
             the
             Lord
             
             Lieutenant
             ,
             being
             now
             
               Sine
               die
            
             ,
             meet
             this
             Afternoon
             at
             Four
             of
             the
             Clock
             in
             the
             Treasury-Chamber
             ,
             which
             Committee
             has
             Power
             to
             receive
             all
             such
             Petitions
             and
             Papers
             ,
             as
             may
             conduce
             to
             the
             business
             ,
             and
             have
             likewise
             Power
             to
             send
             for
             Records
             ,
             Papers
             ,
             Parties
             ,
             and
             Witnesses
             ,
             or
             any
             other
             thing
             that
             they
             shall
             think
             may
             conduce
             to
             the
             perfecting
             that
             Charge
             .
          
           
             The
             King's
             Solicitor
             Reported
             from
             the
             Committee
             appointed
             to
             consider
             of
             the
             manner
             of
             sending
             for
             Sir
             
               George
               Ratcliff
            
             and
             Sir
             
               Robert
               King
            
             ,
             being
             ,
             as
             is
             inform'd
             ,
             Members
             of
             the
             Parliament
             in
             Ireland
             .
          
           
             That
             the
             Committee
             were
             of
             Opinion
             ,
             That
             it
             is
             better
             to
             examine
             this
             Matter
             ,
             according
             to
             the
             Rules
             and
             Foundations
             of
             this
             House
             ,
             than
             to
             rest
             upon
             scattered
             Instances
             :
             They
             distinguished
             between
             the
             Case
             of
             Sir
             
               George
               Ratcliff
            
             and
             Sir
             
               Robert
               King
            
             thus
             ,
             We
             find
             an
             Information
             given
             (
             which
             if
             it
             be
             true
             )
             of
             High
             Treason
             against
             Sir
             
               George
               Ratcliff
            
             ,
             then
             there
             is
             no
             doubt
             ,
             but
             in
             Case
             of
             High
             Treason
             ,
             Priviledge
             of
             Parliament
             neither
             here
             nor
             there
             doth
             reach
             to
             protect
             him
             ,
             but
             that
             Sir
             
               George
               Ratcliff
            
             may
             be
             sent
             for
             ,
             though
             a
             Member
             in
             Parliament
             there
             ;
             this
             was
             the
             Opinion
             of
             the
             Committee
             .
          
           
             For
             the
             other
             ,
             Sir
             
               Robert
               King
            
             ,
             the
             Case
             did
             differ
             ,
             for
             to
             send
             for
             him
             to
             testifie
             in
             any
             Case
             ,
             were
             of
             dangerous
             Consequence
             ;
             or
             to
             send
             for
             him
             to
             testifie
             in
             the
             
               Kings
               Bench
            
             in
             Case
             of
             Treason
             ,
             where
             the
             Court
             doth
             ordinarily
             sit
             ;
             but
             this
             Case
             differs
             between
             sending
             for
             a
             Member
             of
             Parliament
             to
             give
             Evidence
             in
             any
             ordinary
             thing
             ,
             or
             in
             any
             ordinary
             Court
             ,
             for
             the
             Parliament
             is
             a
             Court
             that
             doth
             not
             ordinarily
             sit
             ,
             a
             Court
             of
             the
             great
             Affairs
             of
             the
             Kingdom
             ;
             therefore
             to
             be
             sent
             for
             hither
             to
             this
             High
             Court
             ,
             and
             to
             testifie
             in
             a
             Case
             of
             the
             highest
             Nature
             ,
             in
             case
             of
             Treason
             informed
             of
             against
             Sir
             
               George
               Ratcliff
            
             ,
             We
             did
             conceive
             it
             to
             be
             no
             breach
             of
             Priviledge
             of
             Parliament
             that
             he
             should
             be
             sent
             for
             ,
             and
             if
             the
             House
             require
             of
             us
             our
             Opinions
             concerning
             the
             manner
             of
             sending
             for
             him
             ,
             we
             shall
             tell
             you
             what
             we
             conceive
             of
             it
             .
          
           
             Which
             Report
             being
             made
             ,
             It
             was
             Resolved
             upon
             the
             Question
             :
             
          
           
             That
             Sir
             
               George
               Ratcliff
            
             shall
             be
             forthwith
             sent
             for
             ,
             to
             answer
             the
             Information
             that
             is
             Charged
             against
             him
             here
             of
             High
             Treason
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             Sir
             
               Robert
               King
            
             shall
             forthwith
             be
             sent
             for
             hither
             ,
             as
             a
             Witness
             to
             testifie
             in
             case
             of
             High
             Treason
             .
          
           
             Mr.
             Solicitor
             likewise
             offered
             ,
             from
             the
             Committee
             ,
             to
             the
             Consideration
             of
             the
             House
             ,
             two
             Orders
             ,
             which
             were
             read
             ,
             
               in
               haec
               verba
            
             ,
             and
             by
             Vote
             Ordered
             accordingly
             ,
             viz.
             
          
           
           
             It
             is
             Ordered
             by
             this
             House
             upon
             the
             Question
             ,
             That
             Sir
             
               George
               Ratcliff
            
             being
             ,
             as
             is
             informed
             ,
             a
             Member
             of
             the
             Parliament
             in
             Ireland
             ,
             because
             
             there
             is
             an
             Information
             in
             this
             House
             of
             High
             Treason
             against
             him
             ,
             shall
             be
             forthwith
             sent
             for
             ,
             and
             brought
             hither
             in
             safe
             Custody
             ,
             no
             Priviledge
             of
             Parliament
             extending
             to
             this
             Case
             .
          
           
             Ordered
             two
             Messengers
             to
             be
             sent
             with
             these
             Orders
             ,
             and
             each
             Messenger
             to
             have
             Copies
             of
             both
             the
             Orders
             .
          
           
             It
             was
             likewise
             Offered
             from
             the
             Committee
             ,
             That
             the
             Honourable
             Persons
             ,
             near
             the
             Chair
             ,
             would
             beseech
             His
             Majesty
             ,
             that
             He
             would
             be
             
             pleased
             to
             give
             such
             Directions
             ,
             as
             in
             His
             Wisdom
             He
             shall
             think
             fit
             for
             the
             more
             Expeditious
             sending
             for
             these
             Parties
             .
             Mr.
             Treasurer
             delivered
             this
             Message
             to
             His
             Majesty
             .
          
        
         
           
             Saturday
             ,
             November
             14th
             ,
             1640.
             
          
           
             Mr.
             Treasurer
             after
             he
             had
             read
             out
             of
             a
             Paper
             ,
             the
             Message
             which
             Yesterday
             the
             House
             desired
             him
             to
             deliver
             to
             His
             Majesty
             :
             Declared
             ,
             that
             he
             
             had
             acquainted
             the
             King
             therewith
             ,
             who
             ,
             this
             morning
             ,
             hath
             given
             Order
             to
             Mr.
             Secretary
             Windebank
             ,
             who
             deals
             for
             the
             Affairs
             into
             Ireland
             ,
             to
             make
             instant
             Dispatch
             to
             the
             Deputy
             there
             ,
             that
             all
             Expedition
             be
             done
             according
             to
             the
             Message
             .
             Secondly
             ,
             Concerning
             the
             three
             Letters
             desired
             by
             my
             Lord
             Mountnorris
             ;
             they
             were
             procured
             by
             Mr.
             Secretary
             Cook
             ,
             who
             was
             imployed
             about
             the
             Affairs
             for
             Ireland
             at
             that
             time
             ,
             that
             he
             is
             now
             in
             the
             Country
             in
             Darbyshire
             ;
             His
             Majesty
             will
             take
             some
             time
             to
             be
             informed
             in
             this
             ,
             and
             no
             time
             shall
             be
             lost
             ,
             and
             there
             shall
             be
             an
             Account
             given
             .
          
        
         
           
             Wednesday
             ,
             November
             18th
             ,
             1640.
             
          
           
             Ordered
             that
             no
             Member
             of
             this
             House
             shall
             visit
             the
             Earl
             of
             
             Strafford
             ,
             during
             the
             time
             of
             his
             Restraint
             ,
             without
             Licence
             first
             obtained
             from
             the
             House
             .
          
           
             Ordered
             a
             Message
             be
             sent
             to
             the
             Lords
             ,
             to
             desire
             them
             ,
             that
             they
             would
             please
             to
             appoint
             a
             Committee
             of
             a
             very
             few
             ,
             that
             in
             the
             presence
             
             of
             some
             of
             this
             House
             might
             take
             such
             Depositions
             ,
             and
             examine
             such
             Witnesses
             as
             they
             should
             name
             upon
             Interrogatories
             and
             Questions
             ,
             as
             shall
             be
             presented
             to
             them
             by
             Order
             of
             this
             House
             concerning
             the
             Earl
             of
             Strafford
             ,
             and
             the
             Interrogatories
             ,
             Testimonies
             ,
             and
             Witnesses
             to
             be
             kept
             private
             ,
             until
             the
             Charge
             be
             made
             full
             and
             perfect
             .
          
           
             Ordered
             that
             Mr.
             Pym
             go
             up
             with
             this
             Message
             ,
             accompanied
             with
             so
             many
             as
             shall
             be
             pleased
             to
             go
             .
          
           
             Then
             the
             House
             fell
             into
             Debate
             ,
             concerning
             those
             Lords
             who
             petitioned
             the
             King
             for
             a
             Parliament
             to
             be
             called
             :
             Whereupon
             it
             was
             Resolved
             
             upon
             the
             Question
             ,
             That
             those
             Lords
             which
             were
             Petitioners
             to
             His
             Majesty
             at
             York
             ;
             in
             their
             Petition
             ,
             a
             Copy
             whereof
             was
             here
             now
             read
             ,
             have
             done
             nothing
             but
             what
             was
             Legal
             ,
             Just
             ,
             and
             Expedient
             for
             the
             good
             of
             the
             King
             and
             Kingdom
             ,
             and
             is
             now
             approved
             by
             the
             whole
             body
             of
             the
             Commons
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             the
             Copy
             of
             the
             Petition
             now
             read
             ,
             
             and
             formerly
             preferred
             by
             the
             Lords
             to
             His
             Majesty
             at
             York
             ,
             shall
             be
             here
             Entred
             .
          
        
         
           
           
             Thursday
             ,
             November
             19th
             ,
             1640.
             
          
           
             It
             is
             Ordered
             ,
             That
             if
             occasion
             shall
             be
             for
             the
             examination
             of
             any
             
             Members
             of
             this
             House
             in
             the
             business
             concerning
             the
             Earl
             of
             Strafford
             ,
             they
             shall
             be
             ready
             upon
             Notice
             ,
             to
             be
             examined
             upon
             Oath
             .
             It
             is
             likewise
             Ordered
             ,
             That
             upon
             the
             Message
             to
             be
             sent
             from
             this
             House
             ,
             the
             Lords
             be
             desired
             to
             make
             the
             like
             Order
             for
             the
             Members
             and
             Assistants
             of
             their
             House
             ,
             and
             to
             desire
             their
             Lordships
             ,
             that
             if
             occasion
             be
             ,
             that
             any
             Privy-Counsellors
             be
             produced
             as
             Witnesses
             ,
             they
             will
             take
             such
             course
             as
             in
             their
             Judgments
             they
             shall
             think
             fit
             ,
             that
             they
             may
             be
             examined
             .
          
           
             This
             Message
             to
             be
             sent
             to
             morrow
             morning
             ,
             by
             the
             Messengers
             formerly
             sent
             .
          
           
             
               Mr.
               St.
               Iohns
               ,
            
             
               Mr.
               Palmer
               ,
            
             
               Mr.
               Glimer
               ,
            
             
               Mr.
               Selden
               ,
            
             
               Mr.
               Grimstone
               ,
            
             
               Mr.
               Maynard
               ,
               
            
             
               Sir
               Simond
               D'ewes
               ,
            
             
               Mr.
               Whstiler
               ,
            
             
               Mr.
               Thomas
               Widerington
               ,
            
             
               
                 Mr.
                 Sollicitor
              
               .
            
          
           
             This
             Select
             Committee
             ,
             or
             any
             two
             of
             them
             ,
             are
             appointed
             to
             search
             the
             Record
             of
             Attainder
             in
             the
             
               Kings
               Bench
            
             ,
             in
             such
             manner
             ,
             and
             at
             such
             time
             ,
             as
             they
             shall
             think
             fit
             ,
             for
             the
             furtherance
             of
             the
             Charge
             in
             hand
             against
             the
             Earl
             of
             Strafford
             .
          
        
         
           
             Friday
             ,
             November
             20th
             ,
             1640.
             
          
           
             Mr.
             Whistler
             Reported
             from
             the
             Committee
             for
             Irish
             Affairs
             ,
             That
             
             he
             is
             required
             ,
             by
             the
             Committee
             ,
             to
             Report
             to
             the
             House
             the
             Affairs
             of
             that
             Kingdom
             ,
             as
             they
             were
             set
             forth
             in
             a
             Remonstrance
             ,
             made
             by
             the
             House
             of
             Commons
             in
             this
             present
             Parliament
             in
             Ireland
             ,
             wherein
             it
             appeared
             that
             Trading
             was
             destroyed
             ,
             Industry
             disheartned
             ,
             new
             and
             unlawful
             Impositions
             were
             Imposed
             ,
             the
             Arbitrary
             Determinations
             of
             all
             Causes
             for
             Goods
             ,
             Land
             and
             Possessions
             ,
             by
             Petitions
             ,
             and
             Act
             at
             Council-Table
             where
             no
             Writ
             of
             Error
             can
             lie
             ,
             and
             the
             King
             loseth
             a
             Fine
             upon
             the
             Original
             Writ
             thereby
             :
             That
             His
             Majesties
             Gracious
             Inclination
             for
             the
             good
             of
             that
             Kingdom
             is
             kept
             from
             them
             :
             That
             there
             is
             a
             Monopoly
             of
             the
             sole
             Trade
             of
             Tobacco
             ,
             of
             more
             gain
             to
             the
             Parties
             interessed
             therein
             ,
             than
             the
             King
             's
             whole
             Revenue
             in
             Ireland
             .
             The
             destroying
             of
             the
             Plantation
             of
             London-Derry
             ;
             The
             Exorbitant
             Power
             of
             the
             High
             Commission
             ,
             which
             cryeth
             loud
             in
             all
             the
             three
             Kingdoms
             :
             The
             Proclamation
             forbidding
             any
             to
             depart
             thence
             for
             England
             without
             Licence
             ,
             and
             pay
             dear
             for
             it
             :
             The
             many
             Subsidies
             given
             ,
             and
             Monies
             raised
             for
             the
             King
             ,
             and
             still
             he
             is
             in
             Debt
             ,
             and
             therefore
             demands
             an
             account
             of
             His
             Treasure
             ,
             and
             desires
             present
             Redress
             ,
             or
             Access
             to
             His
             Majesty
             .
          
           
             A
             Copy
             of
             the
             Remonstrance
             was
             delivered
             in
             ,
             under
             the
             Hand
             of
             the
             Clerk
             of
             the
             Parliament
             there
             ,
             and
             was
             read
             ,
             and
             shall
             be
             entred
             ,
             if
             so
             Ordered
             .
          
           
             That
             the
             Secretaries
             there
             ,
             Mr.
             Slingsby
             and
             Mr.
             Little
             ,
             be
             required
             to
             
             send
             hither
             the
             Book
             of
             Entries
             of
             the
             several
             Petitions
             presented
             to
             the
             late
             Lord
             Deputy
             ,
             now
             Lord
             Lieutenant
             of
             Ireland
             ,
             and
             the
             several
             Orders
             and
             Proceedings
             thereupon
             made
             .
          
           
           
             That
             Mr.
             Little
             the
             younger
             and
             Mr.
             Carpenter
             ,
             who
             have
             the
             Monopoly
             for
             Tobacco
             ,
             be
             required
             to
             send
             hither
             those
             Warrants
             by
             which
             
             they
             demand
             ,
             and
             have
             laid
             those
             Taxes
             upon
             Tobacco
             .
          
           
             That
             the
             several
             Affairs
             of
             the
             Custom-House
             and
             Ports
             ,
             
               (
               viz.
               )
               Dublin
               ,
               Kingsale
               ,
               Yowhall
               ,
               Waterford
               ,
               Corke
               ,
               Galloway
               ,
               Carrick-Fergus
               ,
            
             and
             Bangor
             
             be
             required
             to
             send
             hither
             their
             Books
             of
             Entries
             ,
             whereby
             the
             Impositions
             laid
             upon
             several
             Commodities
             ,
             may
             appear
             ;
             there
             were
             several
             Warrants
             issued
             forth
             according
             to
             this
             Order
             ,
             and
             sent
             away
             .
          
        
         
           
             Post
             Merid.
             
          
           
             The
             Articles
             offered
             by
             a
             Member
             of
             this
             House
             against
             the
             Earl
             of
             Strafford
             are
             referred
             to
             the
             Committee
             ,
             that
             are
             to
             draw
             up
             the
             Charge
             against
             the
             said
             Earl
             ,
             which
             being
             Reported
             ,
             were
             as
             followeth
             :
          
           
             
               Articles
               of
               the
               Commons
               assembled
               in
               Parliament
               against
               Thomas
               Earl
               of
               Strafford
               ,
               in
               maintenance
               of
               his
               Accusation
               ,
               whereby
               he
               stands
               Charged
               of
               High
               Treason
               .
            
             
               
                 1.
                 
                 That
                 he
                 the
                 said
                 Thomas
                 ,
                 Earl
                 of
                 Strafford
                 ,
                 hath
                 traiterously
                 endeavoured
                 
                 to
                 subvert
                 the
                 Fundamental
                 Laws
                 and
                 Government
                 of
                 the
                 Realms
                 of
                 England
                 and
                 Ireland
                 ,
                 and
                 in
                 stead
                 thereof
                 ,
                 to
                 introduce
                 an
                 Arbitrary
                 and
                 Tyrannical
                 Government
                 against
                 Law
                 ,
                 which
                 he
                 hath
                 declared
                 by
                 traiterous
                 words
                 ,
                 Counsels
                 ,
                 and
                 Actions
                 ,
                 and
                 by
                 giving
                 His
                 Majesty
                 Advice
                 ,
                 by
                 force
                 of
                 Arms
                 ,
                 to
                 compel
                 his
                 Loyal
                 Subjects
                 to
                 submit
                 thereunto
                 .
              
            
             
               
                 2.
                 
                 That
                 he
                 hath
                 traiterously
                 assumed
                 to
                 himself
                 Regal
                 Power
                 over
                 the
                 Lives
                 ,
                 Liberties
                 ,
                 Persons
                 ,
                 Lands
                 ,
                 and
                 Goods
                 of
                 His
                 Majesties
                 Subjects
                 in
                 England
                 and
                 Ireland
                 ,
                 and
                 hath
                 exercised
                 the
                 same
                 Tyrannically
                 ,
                 to
                 the
                 subversion
                 and
                 undoing
                 of
                 many
                 ,
                 both
                 of
                 Peers
                 and
                 others
                 of
                 His
                 Majesties
                 Liege
                 People
                 .
              
            
             
               
                 3.
                 
                 That
                 the
                 better
                 to
                 inrich
                 and
                 inable
                 himself
                 to
                 go
                 through
                 with
                 his
                 traiterous
                 Designs
                 ;
                 he
                 hath
                 detained
                 a
                 great
                 part
                 of
                 His
                 Majesties
                 Revenue
                 ,
                 without
                 giving
                 Legal
                 account
                 ;
                 and
                 hath
                 taken
                 great
                 Sums
                 out
                 of
                 the
                 Exchequer
                 ,
                 converting
                 them
                 to
                 his
                 own
                 Use
                 ,
                 when
                 His
                 Majesty
                 wanted
                 Money
                 for
                 His
                 own
                 urgent
                 Occasions
                 ,
                 and
                 His
                 Army
                 had
                 been
                 a
                 long
                 time
                 unpaid
                 .
              
            
             
               
                 4.
                 
                 That
                 he
                 hath
                 traiterously
                 abused
                 the
                 Power
                 and
                 Authority
                 of
                 his
                 Government
                 ,
                 to
                 the
                 encreasing
                 ,
                 countenancing
                 ,
                 and
                 encouraging
                 of
                 Papists
                 ,
                 that
                 so
                 he
                 might
                 settle
                 a
                 mutual
                 Dependance
                 and
                 Confidence
                 betwixt
                 himself
                 and
                 that
                 Party
                 ,
                 and
                 by
                 their
                 help
                 prosecute
                 and
                 accomplish
                 his
                 malicious
                 and
                 tyrannical
                 Designs
                 .
              
            
             
               
                 5.
                 
                 That
                 he
                 hath
                 maliciously
                 endeavoured
                 to
                 stir
                 up
                 Enmity
                 and
                 Hostility
                 between
                 His
                 Majesties
                 Subjects
                 of
                 England
                 ,
                 and
                 those
                 of
                 Scotland
                 .
              
            
             
               
                 6.
                 
                 That
                 he
                 hath
                 traiterously
                 broke
                 the
                 great
                 Trust
                 reposed
                 in
                 him
                 by
                 His
                 Majesty
                 ,
                 of
                 Lieutenant-General
                 of
                 His
                 Army
                 ,
                 by
                 wilful
                 betraying
                 divers
                 of
                 His
                 Majesties
                 Subjects
                 to
                 death
                 ,
                 his
                 Army
                 to
                 a
                 dishonourable
                 Defeat
                 by
                 the
                 Scots
                 at
                 Newborne
                 ,
                 and
                 the
                 Town
                 of
                 New-Castle
                 into
                 their
                 hands
                 ,
                 to
                 the
                 end
                 ,
                 that
                 by
                 the
                 effusion
                 of
                 blood
                 ,
                 by
                 dishonour
                 ,
                 and
                 so
                 great
                 a
                 loss
                 as
                 that
                 of
                 New-Castle
                 ,
                 His
                 Majesties
                 Realm
                 of
                 England
                 might
                 be
                 engaged
                 in
                 a
                 National
                 and
                 irreconcilable
                 Quarrel
                 with
                 the
                 Scots
                 .
              
               
            
             
               
                 7.
                 
                 That
                 to
                 preserve
                 himself
                 from
                 being
                 questioned
                 for
                 those
                 and
                 other
                 his
                 traiterous
                 Courses
                 ,
                 he
                 laboured
                 to
                 subvert
                 the
                 Right
                 of
                 Parliaments
                 ,
                 and
                 the
                 ancient
                 course
                 of
                 Parliamentary
                 Proceedings
                 ,
                 and
                 by
                 false
                 and
                 malicious
                 Slanders
                 ,
                 to
                 incense
                 His
                 Majesty
                 against
                 Parliaments
                 .
                 By
                 which
                 Words
                 ,
                 Counsels
                 ,
                 and
                 Actions
                 ,
                 he
                 hath
                 traiterously
                 ,
                 and
                 contrary
                 to
                 his
                 Allegiance
                 ,
                 laboured
                 to
                 alienate
                 the
                 Hearts
                 of
                 the
                 King's
                 Liege
                 People
                 from
                 His
                 Majesty
                 ,
                 to
                 set
                 a
                 Division
                 between
                 them
                 ,
                 and
                 to
                 ruine
                 and
                 destroy
                 His
                 Majesties
                 Kingdoms
                 ,
                 for
                 which
                 they
                 Impeach
                 him
                 of
                 High
                 Treason
                 against
                 our
                 Soveraign
                 Lord
                 the
                 King
                 ,
                 His
                 Crown
                 and
                 Dignity
                 .
              
            
             
               
                 8.
                 
                 And
                 he
                 the
                 said
                 Earl
                 of
                 Strafford
                 was
                 Lord-Deputy
                 of
                 Ireland
                 ,
                 and
                 Lieutenant-General
                 of
                 the
                 Army
                 there
                 ,
                 viz.
                 His
                 most
                 Excellent
                 Majesty
                 ,
                 for
                 His
                 Kingdoms
                 both
                 of
                 England
                 and
                 Ireland
                 ,
                 and
                 the
                 Lord
                 President
                 of
                 the
                 North
                 ,
                 during
                 the
                 time
                 that
                 all
                 and
                 every
                 the
                 Crimes
                 and
                 Offences
                 before
                 set
                 forth
                 were
                 done
                 and
                 committed
                 ;
                 and
                 he
                 the
                 said
                 Earl
                 was
                 Lieutenant-General
                 of
                 all
                 His
                 Majesties
                 Army
                 in
                 the
                 North
                 parts
                 of
                 England
                 ,
                 during
                 the
                 time
                 that
                 the
                 Crimes
                 and
                 Offences
                 in
                 the
                 fifth
                 and
                 sixth
                 Articles
                 set
                 forth
                 were
                 done
                 and
                 committed
                 .
              
            
             
               
                 9.
                 
                 That
                 the
                 said
                 Commons
                 by
                 Protestations
                 ,
                 saving
                 to
                 themselves
                 the
                 liberty
                 of
                 Exhibiting
                 at
                 any
                 time
                 hereafter
                 any
                 other
                 Accusation
                 or
                 Impeachment
                 against
                 the
                 said
                 Earl
                 ;
                 and
                 also
                 of
                 replying
                 to
                 the
                 Answers
                 that
                 he
                 the
                 said
                 Earl
                 shall
                 make
                 unto
                 the
                 said
                 Articles
                 ,
                 or
                 to
                 any
                 of
                 them
                 ,
                 and
                 of
                 offering
                 Proofs
                 ;
                 also
                 of
                 the
                 Premisses
                 ,
                 or
                 any
                 of
                 them
                 ;
                 or
                 any
                 other
                 Impeachment
                 or
                 Accusation
                 that
                 shall
                 be
                 exhibited
                 by
                 them
                 ,
                 as
                 the
                 Cause
                 shall
                 ,
                 according
                 to
                 the
                 course
                 of
                 Parliaments
                 ,
                 require
                 ,
                 do
                 pray
                 that
                 the
                 said
                 Earl
                 may
                 be
                 put
                 to
                 Answer
                 for
                 all
                 and
                 every
                 of
                 the
                 Premisses
                 ,
                 that
                 such
                 Proceedings
                 ,
                 Examinations
                 ,
                 Trials
                 and
                 Judgments
                 may
                 be
                 upon
                 every
                 of
                 them
                 ,
                 had
                 and
                 used
                 as
                 is
                 agreeable
                 to
                 Law
                 and
                 Justice
                 .
              
            
          
        
         
           
             Tuesday
             ,
             November
             24th
             ,
             1640.
             
          
           
             These
             Articles
             thus
             Resolved
             upon
             by
             Question
             ,
             were
             by
             another
             Question
             
             Ordered
             to
             be
             engrossed
             against
             to
             morrow
             Morning
             ,
             and
             no
             Copies
             to
             be
             delivered
             of
             them
             in
             the
             Interim
             ;
             and
             the
             same
             Committee
             that
             prepared
             the
             Charge
             is
             to
             draw
             up
             the
             Interrogatories
             ,
             and
             Mr.
             Pym
             is
             to
             go
             up
             to
             the
             Lords
             with
             the
             Charge
             .
          
        
         
           
             Wednesday
             ,
             November
             25th
             ,
             1640.
             
          
           
             Lord
             Digby
             went
             up
             with
             this
             Message
             to
             the
             Lords
             :
          
           
             That
             this
             House
             desires
             a
             Conference
             with
             their
             Lordships
             ,
             by
             a
             Committee
             
             of
             both
             Houses
             ,
             concerning
             the
             Articles
             to
             be
             Exhibited
             against
             the
             Earl
             of
             Strafford
             .
          
           
             Lord
             Digby
             brings
             Answer
             ,
             That
             their
             Lordships
             have
             Considered
             the
             Message
             ,
             and
             desire
             to
             meet
             a
             Committee
             of
             that
             House
             ,
             with
             a
             Committee
             of
             theirs
             ,
             presently
             in
             the
             Painted-Chamber
             .
          
           
             The
             ingrossed
             Articles
             were
             again
             openly
             read
             in
             the
             House
             ,
             and
             
             agreed
             to
             be
             sent
             up
             to
             the
             Lords
             by
             Mr.
             Pym
             ,
             by
             a
             Vote
             upon
             the
             Question
             .
          
           
             Mr.
             Pym
             before
             he
             went
             ,
             made
             a
             short
             Declaration
             of
             the
             substance
             of
             
             that
             he
             intended
             to
             deliver
             unto
             the
             Lords
             ,
             both
             before
             and
             after
             the
             delivery
             of
             the
             Articles
             .
          
           
           
             Mr.
             
             Pym's
             Report
             of
             the
             Conference
             with
             the
             Lords
             ,
             in
             delivering
             up
             the
             Articles
             against
             the
             Earl
             of
             Strafford
             ,
             that
             he
             attended
             the
             great
             Committee
             
             of
             this
             House
             ,
             and
             ,
             in
             their
             presence
             ,
             delivered
             to
             the
             Committee
             of
             the
             Lords
             House
             the
             Charge
             against
             the
             Earl
             of
             Strafford
             ,
             and
             if
             any
             thing
             passed
             him
             through
             weakness
             ,
             or
             disability
             ,
             he
             desires
             the
             excuse
             of
             this
             House
             .
          
           
             It
             was
             moved
             ,
             that
             Mr.
             Pym
             might
             have
             Thanks
             for
             his
             well
             delivery
             
             of
             the
             Charge
             against
             the
             Earl
             of
             Strafford
             .
          
        
         
           
             Friday
             ,
             November
             27th
             ,
             1640.
             
          
           
             A
             Message
             from
             the
             Lords
             by
             Justice
             Littleton
             and
             Justice
             Bartley
             .
             
          
           
             The
             Lords
             desire
             a
             Conference
             by
             a
             Committee
             of
             thirty
             of
             their
             House
             ,
             with
             a
             proportionable
             number
             of
             this
             House
             ,
             concerning
             the
             Message
             that
             was
             brought
             unto
             them
             by
             Mr.
             Pym
             ,
             touching
             the
             Examination
             of
             their
             Members
             ,
             in
             the
             Accusation
             of
             the
             Earl
             of
             Strafford
             ,
             and
             desire
             a
             free
             Conference
             touching
             the
             last
             Point
             of
             that
             Message
             ,
             that
             some
             of
             the
             Members
             of
             this
             House
             should
             be
             present
             at
             the
             Examination
             ,
             and
             they
             desire
             it
             this
             morning
             in
             the
             Painted-Chamber
             ,
             if
             it
             may
             stand
             with
             the
             conveniency
             of
             this
             House
             .
          
           
             Answer
             returned
             by
             the
             same
             Messenger
             ,
             That
             this
             House
             has
             taken
             into
             Consideration
             their
             Lordships
             Message
             ,
             and
             will
             in
             Convenient
             time
             
             return
             Answer
             by
             Messengers
             of
             their
             own
             .
          
        
         
           
             Saturday
             ,
             November
             28th
             ,
             1640.
             
          
           
             Mr.
             Whistler
             Reports
             from
             the
             Grand
             Committee
             for
             Irish
             Affairs
             ,
             that
             
             there
             are
             many
             Petitions
             ,
             and
             full
             of
             matter
             of
             Complaints
             of
             the
             proceedings
             in
             Ireland
             ,
             and
             Suitors
             here
             for
             Justice
             .
             There
             are
             many
             Petitioners
             here
             whose
             Estates
             are
             so
             exhausted
             ,
             that
             they
             are
             scarce
             able
             to
             bring
             Witnesses
             from
             Ireland
             hither
             ;
             many
             great
             Persons
             of
             Quality
             and
             Trust
             are
             in
             Ireland
             ,
             material
             Witnesses
             to
             be
             examined
             ,
             as
             the
             Master
             of
             the
             Rolls
             ,
             the
             Lord
             Chancellor
             ,
             and
             others
             ;
             these
             can
             hardly
             be
             spared
             ,
             to
             come
             hither
             ,
             to
             give
             their
             Testimony
             .
             The
             Committee
             desires
             the
             Advice
             of
             the
             House
             in
             this
             particular
             (
             which
             without
             their
             Judgments
             cannot
             be
             determined
             )
             to
             think
             of
             some
             way
             how
             these
             Parties
             might
             have
             their
             Testimony
             taken
             ,
             and
             the
             Truth
             might
             be
             known
             ,
             and
             Justice
             done
             .
             This
             whole
             matter
             thus
             Reported
             from
             the
             Committee
             for
             Irish
             Affairs
             ,
             is
             recommitted
             to
             the
             same
             Committee
             again
             to
             consider
             of
             it
             ,
             and
             to
             draw
             those
             things
             that
             are
             to
             be
             inquired
             of
             under
             apt
             Heads
             ,
             and
             so
             present
             them
             to
             the
             judgment
             of
             this
             House
             to
             proceed
             accordingly
             .
          
           
             
               Mr.
               Maynard
               ,
            
             
               Mr.
               St.
               Iohns
               ,
            
             
               Mr.
               Hide
               ,
            
             
               Mr.
               Whistler
               ,
            
             
               Mr.
               Ieofrey
               Palmer
               ,
            
             
               Mr.
               Glyn
               ,
            
             
               Mr.
               Sollicitor
               .
            
          
           
             This
             Committee
             is
             to
             Collect
             and
             Offer
             to
             this
             House
             ,
             Reasons
             for
             this
             House
             to
             make
             use
             of
             ,
             and
             insist
             upon
             ,
             in
             maintainance
             of
             that
             Point
             of
             the
             Message
             of
             this
             House
             to
             the
             Lords
             ,
             which
             desires
             the
             presence
             of
             some
             of
             the
             Members
             of
             this
             House
             ,
             at
             the
             Examination
             of
             such
             Witnesses
             ,
             as
             shall
             be
             Proposed
             by
             this
             House
             in
             the
             Accusation
             of
             the
             Earl
             of
             Strafford
             .
          
        
         
           
           
             To
             the
             Right
             Honourable
             the
             Lord-Deputy
             .
          
           
             The
             Humble
             and
             just
             Remonstrance
             of
             the
             Knights
             ,
             Citizens
             ,
             and
             Burgesses
             of
             the
             Parliament
             assembled
             .
          
           
             SHEWING
             ,
          
           
             THat
             in
             all
             Ages
             since
             the
             happy
             Subjection
             of
             this
             Kingdom
             to
             the
             Imperial
             Crown
             of
             England
             ,
             it
             was
             ,
             and
             is
             a
             Principal
             Study
             ,
             and
             Princely
             Care
             of
             His
             Majesty
             ,
             and
             His
             Noble
             Progenitors
             ,
             Kings
             and
             Queens
             of
             England
             and
             Ireland
             ,
             to
             the
             vast
             Expence
             of
             Treasure
             and
             Blood
             ;
             that
             their
             Loyal
             and
             Dutiful
             people
             of
             this
             Land
             of
             Ireland
             ,
             being
             now
             ,
             for
             the
             most
             part
             ,
             derived
             from
             British
             Ancestors
             ,
             should
             be
             Governed
             according
             to
             the
             Municipal
             and
             Fundamental
             Laws
             of
             England
             ,
             that
             the
             Statute
             of
             
               Magna
               Charta
            
             ,
             or
             the
             Great
             Charter
             of
             the
             Liberties
             of
             England
             ,
             and
             other
             Laudable
             Laws
             and
             Statutes
             ,
             were
             in
             several
             Parliaments
             here
             Enacted
             and
             Declared
             ,
             That
             by
             the
             means
             thereof
             ,
             and
             of
             the
             most
             Prudent
             and
             Benign
             Government
             of
             His
             Majesty
             ,
             and
             His
             Royal
             Progenitors
             ,
             this
             Kingdom
             was
             ,
             until
             of
             late
             ,
             in
             its
             growth
             a
             Flourishing
             Estate
             ,
             whereby
             the
             said
             people
             were
             heretofore
             enabled
             ,
             to
             answer
             their
             humble
             and
             natural
             desires
             ,
             to
             comply
             with
             His
             Majesties
             Princely
             and
             Royal
             Occasions
             ,
             by
             their
             free
             Gift
             of
             150
             Thousand
             Pounds
             Sterling
             ;
             and
             likewise
             by
             another
             free
             Gift
             of
             120
             Thousand
             Pounds
             more
             ,
             during
             the
             Government
             of
             the
             Lord
             Viscount
             Faulkland
             ,
             and
             after
             by
             the
             Gift
             of
             40
             Thousand
             Pounds
             ;
             and
             their
             free
             and
             chearful
             Gift
             of
             Six
             intire
             Subsidies
             in
             the
             10th
             Year
             of
             His
             Majesties
             Reign
             ,
             which
             ,
             to
             comply
             with
             His
             Majesties
             then
             Occasions
             ,
             signified
             to
             the
             then
             House
             of
             Commons
             ,
             They
             did
             allow
             should
             amount
             ,
             in
             the
             Collections
             ,
             unto
             250
             Thousand
             Pounds
             (
             although
             ,
             as
             they
             confidently
             believe
             )
             if
             the
             Subsidies
             had
             been
             levied
             in
             a
             moderate
             Parliamentary
             way
             ,
             they
             would
             not
             have
             amounted
             to
             much
             more
             than
             half
             the
             Sum
             aforesaid
             ,
             besides
             the
             four
             intire
             Susidies
             granted
             in
             this
             present
             Parliament
             .
             So
             it
             is
             ,
             May
             it
             please
             Your
             Lordship
             ,
             by
             the
             occasion
             of
             the
             insuing
             ,
             and
             other
             Grievances
             and
             Innovations
             (
             though
             to
             His
             Majesty
             no
             considerable
             Profit
             )
             this
             Kingdom
             is
             reduced
             to
             that
             extream
             and
             universal
             Poverty
             ,
             that
             the
             same
             is
             less
             able
             to
             pay
             Subsidies
             than
             it
             was
             heretofore
             ,
             to
             satisfie
             all
             the
             before
             recited
             great
             Payments
             :
             And
             His
             Majesties
             most
             Faithful
             people
             of
             the
             Land
             do
             conceive
             great
             fears
             ,
             that
             the
             said
             Grievances
             and
             Consequences
             thereof
             ,
             may
             be
             hereafter
             drawn
             into
             Presidents
             ,
             to
             be
             perpetuated
             upon
             their
             Posterity
             ,
             which
             in
             their
             great
             Hopes
             ,
             and
             strong
             Beliefs
             ,
             they
             are
             perswaded
             is
             contrary
             to
             His
             Royal
             and
             Princely
             intention
             towards
             His
             said
             people
             ;
             some
             of
             which
             said
             Grievances
             are
             as
             followeth
             :
          
           
             1.
             
             The
             general
             apparent
             decay
             of
             Trades
             ,
             occasioned
             by
             the
             new
             and
             illegal
             raising
             of
             the
             Book
             of
             Rates
             and
             Impositions
             upon
             Native
             ,
             and
             other
             Commodities
             ,
             Exported
             and
             Imported
             ,
             by
             reason
             whereof
             ,
             and
             of
             extream
             Usage
             and
             Censures
             ,
             Merchants
             are
             beggered
             ,
             and
             both
             disinabled
             and
             discouraged
             to
             Trade
             ,
             and
             some
             of
             the
             honourable
             Persons
             who
             gain
             thereby
             ,
             are
             often
             Judges
             and
             Parties
             ,
             and
             that
             in
             the
             conclusion
             His
             Majesties
             Profit
             thereby
             is
             not
             considerably
             advanced
             .
          
           
             2.
             
             The
             Arbitrary
             decision
             of
             all
             civil
             Causes
             and
             Controversies
             ,
             by
             paper
             Petitions
             ,
             before
             the
             Lord
             Lieutenant
             and
             Lord
             Deputy
             ,
             and
             
             infinite
             other
             Judicatories
             upon
             reference
             from
             them
             ,
             derived
             in
             the
             nature
             of
             all
             Actions
             determinable
             at
             the
             Common
             Law
             ,
             not
             limitted
             into
             certain
             time
             ,
             cause
             ,
             season
             ,
             or
             thing
             whatsoever
             :
             And
             the
             consequences
             of
             such
             proceedings
             ,
             by
             receiving
             immoderate
             and
             unlawful
             Fees
             ,
             by
             Secretaries
             ,
             Clerks
             ,
             Pursevants
             ,
             Serjeants
             at
             Arms
             ,
             and
             otherwise
             ,
             by
             which
             kind
             of
             proceedings
             His
             Majesty
             loseth
             a
             considerable
             part
             of
             his
             Revenue
             upon
             Original
             Writs
             ,
             and
             otherwise
             ;
             and
             the
             Subject
             loseth
             the
             benefit
             of
             his
             Writ
             of
             Error
             ,
             Bill
             of
             Reversal
             ,
             Vouchers
             ,
             and
             other
             legal
             and
             just
             Advantages
             ,
             and
             the
             ordinary
             Course
             and
             Courts
             of
             Justice
             declined
             .
          
           
             3.
             
             The
             proceedings
             in
             civil
             Causes
             at
             Council-Board
             ,
             contrary
             to
             the
             Law
             and
             great
             Charter
             ,
             not
             limited
             to
             any
             certain
             time
             or
             season
             .
          
           
             4.
             
             That
             the
             Subject
             is
             ,
             in
             all
             the
             material
             parts
             thereof
             ,
             denied
             the
             benefit
             of
             the
             Princely
             Graces
             ,
             and
             more
             especially
             of
             the
             Statute
             of
             Limitations
             of
             21
             of
             Iac.
             granted
             by
             His
             Majesty
             in
             the
             Fourth
             Year
             of
             His
             Reign
             ,
             upon
             great
             Advice
             of
             the
             Councils
             of
             England
             and
             Ireland
             ,
             and
             for
             great
             Consideration
             ,
             and
             then
             published
             in
             all
             the
             Courts
             of
             Dublin
             ,
             and
             in
             all
             the
             Counties
             of
             this
             Kingdom
             ,
             in
             open
             Assizes
             ,
             whereby
             all
             Persons
             do
             take
             notice
             ,
             That
             contrary
             to
             His
             Majesties
             Pious
             Intentions
             ,
             His
             Subjects
             of
             this
             Land
             have
             not
             enjoyed
             the
             benefit
             of
             His
             Majesties
             Princely
             Promise
             thereby
             made
             .
          
           
             5.
             
             The
             extrajudicial
             avoiding
             of
             Letters
             Patents
             of
             Estates
             ,
             of
             a
             very
             great
             part
             of
             His
             Majesties
             Subjects
             ,
             under
             the
             Great
             Seal
             (
             the
             Publick
             Faith
             of
             the
             Kingdom
             )
             by
             private
             Opinions
             ,
             delivered
             at
             the
             Council-Board
             ,
             without
             Legal
             Evictions
             of
             their
             Estates
             ,
             contrary
             to
             Law
             ,
             and
             without
             President
             or
             Example
             of
             any
             former
             Age.
             
          
           
             6.
             
             The
             Proclamation
             for
             the
             sole
             emption
             and
             uttering
             of
             Tobacco
             ,
             which
             is
             bought
             at
             very
             low
             Rates
             ,
             and
             uttered
             at
             high
             and
             excessive
             Rates
             ,
             by
             means
             whereof
             thousands
             of
             Families
             within
             this
             Kingdom
             ,
             and
             of
             His
             Majesties
             Subjects
             in
             several
             Islands
             ,
             and
             other
             parts
             of
             the
             West-Indies
             (
             as
             your
             Petitioners
             are
             informed
             )
             are
             destroyed
             ;
             and
             the
             most
             part
             of
             the
             Coin
             of
             this
             Kingdom
             is
             ingrossed
             into
             particular
             Hands
             ,
             insomuch
             that
             your
             Petitioners
             do
             conceive
             that
             the
             Profit
             arising
             and
             ingrossed
             thereby
             ,
             doth
             surmount
             His
             Majesties
             Revenue
             ,
             certain
             or
             casual
             ,
             within
             this
             Kingdom
             ,
             and
             yet
             his
             Majesty
             receiveth
             but
             very
             little
             profit
             by
             the
             same
             .
          
           
             7.
             
             The
             universal
             and
             unlawful
             encreasing
             of
             Monopolies
             ,
             to
             the
             advantage
             of
             a
             few
             ,
             the
             disprofit
             of
             His
             Majesty
             ,
             and
             impoverishment
             of
             His
             people
             .
          
           
             8.
             
             And
             the
             extream
             cruel
             Usage
             of
             certain
             late
             Commissioners
             ,
             and
             other
             Stewards
             of
             the
             British
             Farmers
             and
             Inhabitants
             of
             the
             City
             and
             County
             of
             London-Derry
             ,
             by
             means
             whereof
             the
             worthy
             Plantation
             of
             that
             Country
             is
             almost
             destroyed
             ,
             and
             the
             Inhabitants
             are
             reduced
             to
             great
             Poverty
             ,
             and
             many
             of
             them
             forced
             to
             forsake
             the
             Country
             ,
             the
             same
             being
             the
             first
             and
             most
             useful
             Plantation
             in
             the
             large
             Province
             of
             Ulster
             ,
             to
             the
             great
             weakning
             of
             the
             Kingdom
             in
             this
             time
             of
             danger
             ;
             the
             said
             Plantation
             being
             the
             principal
             Strength
             of
             those
             parts
             .
          
           
             9.
             
             The
             late
             Erection
             of
             the
             Court
             of
             High
             Commission
             ,
             for
             Causes
             Ecclesiastical
             ,
             in
             these
             necessitous
             Times
             ;
             the
             proceedings
             of
             the
             said
             Court
             ,
             in
             many
             Causes
             without
             legal
             Warrant
             ,
             and
             yet
             so
             supported
             as
             Prohibitions
             have
             not
             been
             obtained
             ,
             though
             legally
             sought
             for
             :
             And
             the
             excessive
             Fees
             exacted
             by
             the
             Ministers
             thereof
             ,
             and
             the
             encroaching
             
             of
             the
             same
             upon
             the
             Jurisdiction
             of
             other
             Ecclesiastical
             Courts
             of
             this
             Kingdom
             .
          
           
             10.
             
             The
             exorbitant
             Fees
             ,
             and
             pretended
             Customs
             ,
             exacted
             by
             the
             Clergy
             against
             the
             Law
             ,
             some
             of
             which
             have
             been
             formerly
             represented
             to
             your
             Lordship
             .
          
           
             11.
             
             The
             Petitioners
             do
             most
             heartily
             bemoan
             ,
             that
             His
             Majesties
             Service
             and
             Profit
             are
             much
             more
             impaired
             than
             advanced
             by
             the
             Grievances
             aforesaid
             ;
             and
             the
             Subsidies
             granted
             in
             the
             last
             Parliament
             ,
             having
             much
             encreased
             His
             Majesties
             Revenue
             by
             the
             buying
             of
             Grants
             ,
             and
             otherwise
             :
             And
             that
             all
             His
             Majesties
             Debts
             then
             due
             in
             this
             Kingdom
             ,
             were
             satisfied
             out
             of
             the
             said
             Subsidies
             ;
             and
             yet
             His
             Majesty
             is
             of
             late
             (
             as
             the
             Petitioners
             have
             been
             informed
             in
             the
             House
             of
             Commons
             )
             become
             indebted
             in
             this
             Kingdom
             in
             great
             Sums
             .
             And
             they
             do
             therefore
             humbly
             beseech
             ,
             That
             an
             exact
             Account
             may
             be
             sent
             to
             His
             Majesty
             ,
             how
             and
             in
             what
             manner
             His
             Treasure
             is
             issued
             .
          
           
             12.
             
             The
             Petitioners
             do
             humbly
             conceive
             just
             and
             great
             fears
             ,
             at
             a
             Proclamation
             published
             in
             this
             Kingdom
             ,
             in
             
               Anno
               Domini
            
             1635.
             prohibiting
             men
             of
             Quality
             or
             Estates
             to
             depart
             this
             Kingdom
             into
             England
             ,
             without
             the
             Lord-Deputies
             Licence
             ,
             whereby
             the
             Subjects
             of
             this
             Kingdom
             are
             hindred
             and
             interrupted
             from
             free
             access
             ,
             to
             address
             to
             His
             Sacred
             Majesty
             ,
             and
             Privy-Council
             of
             England
             ,
             to
             declare
             their
             just
             Grievances
             ,
             or
             to
             obtain
             Remedies
             for
             them
             in
             such
             sort
             ,
             as
             their
             Ancestors
             have
             done
             in
             all
             Ages
             since
             the
             Reign
             of
             King
             Henry
             the
             Second
             ,
             and
             great
             Fees
             exacted
             for
             every
             of
             the
             said
             Licences
             .
          
           
             13.
             
             That
             of
             late
             His
             Majesties
             Attorney-General
             hath
             exhibited
             Informations
             against
             many
             ancient
             Burroughs
             of
             this
             Kingdom
             ,
             into
             His
             Majesties
             Court
             of
             Exchequer
             ,
             to
             shew
             cause
             by
             what
             Warrant
             the
             said
             Burgesses
             (
             who
             heretofore
             sent
             Burgesses
             to
             Parliament
             )
             should
             send
             the
             Burgesses
             to
             the
             Parliament
             ,
             and
             thereupon
             ,
             for
             want
             of
             an
             Answer
             ,
             the
             said
             Priviledges
             of
             sending
             Burgesses
             was
             seized
             by
             the
             said
             Court
             ,
             which
             Proceedings
             were
             altogether
             
               Coram
               non
               Iudice
            
             ,
             and
             contrary
             to
             the
             Laws
             and
             Priviledges
             of
             the
             House
             of
             Parliament
             ,
             (
             and
             if
             way
             should
             be
             given
             thereunto
             )
             would
             tend
             to
             the
             Subversion
             of
             Parliaments
             ,
             and
             by
             Consequence
             to
             the
             Ruine
             and
             Destruction
             of
             the
             Common
             Wealth
             .
          
           
             And
             that
             the
             House
             of
             Commons
             hath
             hitherto
             ,
             in
             this
             present
             Parliament
             ,
             been
             deprived
             of
             the
             Advice
             and
             Counsel
             of
             many
             profitable
             and
             good
             Members
             by
             means
             thereof
             .
          
           
             14.
             
             By
             the
             Powerfulness
             of
             some
             Ministers
             of
             State
             in
             this
             Kingdom
             ,
             the
             Parliament
             in
             its
             Members
             ,
             and
             Actions
             ,
             hath
             not
             its
             natural
             Freedom
             .
          
           
             15.
             
             And
             lastly
             ,
             That
             the
             Gentry
             and
             Merchants
             ,
             and
             other
             His
             Majesties
             Subjects
             of
             this
             Kingdom
             ,
             are
             of
             late
             by
             the
             Grievances
             and
             Pressures
             before
             said
             ,
             and
             other
             the
             like
             ,
             brought
             very
             near
             to
             Ruine
             and
             Destruction
             :
             And
             the
             Farmers
             of
             Customs
             ,
             Customers
             ,
             Waiters
             ,
             Searchers
             ,
             Clerks
             of
             Unwarrantable
             Proceedings
             ,
             Pursevants
             ,
             and
             Goalers
             ,
             and
             sundry
             others
             ,
             very
             much
             enriched
             ,
             whereby
             ,
             and
             by
             the
             slow
             Redress
             of
             the
             Petitioners
             Grievances
             ,
             His
             Majesties
             most
             Faithful
             and
             Dutiful
             People
             of
             this
             Kingdom
             do
             conceive
             great
             fears
             ,
             that
             their
             readiness
             approved
             upon
             all
             occasions
             ,
             hath
             not
             been
             of
             late
             rightly
             represented
             to
             His
             Sacred
             Majesty
             :
             For
             remedy
             whereof
             ,
             the
             said
             Petitioners
             do
             humbly
             ,
             and
             of
             right
             ,
             beseech
             your
             Lordships
             ,
             That
             the
             said
             Grievances
             and
             Pressures
             may
             be
             speedily
             Redressed
             ;
             and
             if
             your
             Lordship
             shall
             not
             think
             fit
             to
             afford
             present
             Relief
             ,
             that
             your
             Lordship
             might
             admit
             a
             Select
             Committee
             
             of
             this
             House
             ,
             of
             Persons
             uninteressed
             in
             the
             benefit
             arising
             of
             the
             aforesaid
             Grievances
             ,
             to
             be
             Licenced
             by
             your
             Lordship
             ,
             to
             repair
             to
             His
             Sacred
             Majesty
             in
             England
             ,
             for
             to
             pursue
             the
             same
             ,
             and
             to
             obtain
             fitting
             remedy
             for
             their
             aforesaid
             and
             other
             just
             Grievances
             and
             Oppressions
             ;
             and
             upon
             all
             just
             and
             honourable
             Occasions
             ,
             they
             will
             ,
             without
             respect
             of
             particular
             Interest
             or
             Profit
             to
             be
             raised
             thereby
             ,
             most
             humbly
             and
             readily
             in
             Parliament
             extend
             their
             utmost
             endeavour
             to
             serve
             His
             Majesty
             ,
             and
             comply
             with
             His
             Royal
             and
             Princely
             Occasions
             ,
             and
             shall
             pray
             ,
             &c.
             
          
        
         
           
             Monday
             ,
             November
             30th
             ,
             1640.
             
          
           
             
               Sir
               Thomas
               Roe
               ,
            
             
               Mr.
               Pym
               ,
               
            
             
               Mr.
               Strode
               ,
            
             
               Mr.
               St.
               Iohns
               ,
            
             
               Mr.
               Grimston
               ,
            
             
               Lord
               Digby
               ,
            
             
               Sir
               Iohn
               Clotworthy
               ,
            
             
               Sir
               Walter
               Earle
               ,
            
             
               Mr.
               Hampden
               ,
            
             
               Mr.
               Maynard
               ,
            
             
               Mr.
               Hyde
               ,
            
             
               Mr.
               Whistler
               ,
            
             
               Mr.
               Palmer
               ,
            
             
               Mr.
               Glyn
               ,
            
             
               Mr.
               Solicitor
               ,
            
             
               Mr.
               Selden
               ,
            
             
               
                 My
                 Lord
              
               Dungarvan
               ,
            
             
               Sir
               Francis
               Seymor
               ,
            
             
               Sir
               Hugh
               Cholmely
               ,
            
             
               Lord
               Wenman
               ,
            
             
               Sir
               Io.
               Evelyn
               ,
            
             
               Sir
               Benjamin
               Rudyard
               ,
            
             
               Sir
               Iames
               Thynn
               ,
            
             
               Sir
               Iohn
               Culpepper
               ,
            
             
               Sir
               Iohn
               Strangwaies
               ,
            
             
               Sir
               Symon
               D'Ewes
               ,
            
             
               Mr.
               George
               Vane
               ,
            
             
               Lord
               Cramborne
               ,
            
             
               Lord
               Compton
               ,
            
             
               Mr.
               Bellassis
               ,
            
             
               Mr.
               Kirton
               ,
            
             
               Sir
               Thomas
               Hutchison
               ,
            
             
               Sir
               William
               Bowyer
               ,
            
             
               Sir
               Iames
               Smith
               ,
            
             
               Sir
               Arthur
               Ingram
               ,
            
             
               Lord
               Russell
               ,
            
             
               Lord
               Ruthin
               ,
            
             
               Mr.
               Comisby
               ,
            
             
               Mr.
               Noel
               ,
            
             
               Sir
               Thomas
               Bowyer
               ,
            
             
               Mr.
               Cecill
               ,
            
             
               Lord
               Fairfax
               ,
            
             
               Sir
               Thomas
               Widdrington
               ,
            
             
               Sir
               Peter
               Hayman
               ,
            
             
               Sir
               Iohn
               Holland
               ,
            
             
               Mr.
               Iames
               Fynes
               ,
            
             
               Sir
               Robert
               Crane
               ,
            
             
               Sir
               Iohn
               Corbet
               ,
            
             
               Mr.
               Io.
               Alford
               ,
            
             
               Sir
               Roger
               North
               ,
            
             
               Sir
               Edmond
               Mountford
               ,
            
             
               Mr.
               Whitlocke
               ,
            
             
               Mr.
               Mountagne
               ,
            
             
               Lord
               Faulkland
               ,
            
             
               Sir
               Peter
               Stapleton
               ,
            
             
               Sir
               Henry
               Mildmay
               ,
            
             
               Lord
               Herbert
               ,
            
             
               Sir
               Richard
               Wynn
               ,
            
             
               Sir
               Edward
               Rodney
               ,
            
             
               Sir
               Ralph
               Hopton
               ,
            
          
           
             This
             Committee
             is
             to
             meet
             with
             the
             Committee
             of
             30
             of
             the
             Lords
             ,
             concerning
             a
             Message
             sent
             hither
             on
             Friday
             last
             from
             their
             Lordships
             ,
             touching
             a
             Message
             sent
             formerly
             from
             this
             House
             to
             them
             by
             Mr.
             Pym
             ,
             for
             the
             Examination
             of
             their
             Members
             ,
             in
             the
             Accusation
             of
             the
             Earl
             of
             Strafford
             ,
             and
             touching
             a
             free
             Conference
             upon
             the
             last
             Point
             of
             that
             Message
             ,
             that
             some
             of
             the
             Members
             of
             this
             House
             should
             be
             present
             at
             the
             Examination
             of
             Witnesses
             ,
             to
             be
             propounded
             by
             this
             House
             ,
             to
             be
             examined
             in
             the
             Accusation
             of
             the
             Earl
             of
             Strafford
             .
          
           
           
             The
             Petition
             of
             several
             of
             the
             Knights
             ,
             Citizens
             ,
             and
             Burgesses
             of
             the
             
             Commons
             House
             of
             Parliament
             in
             Ireland
             ,
             whose
             Names
             are
             underwritten
             ,
             directed
             to
             the
             whole
             House
             of
             Commons
             in
             England
             read
             .
          
           
             The
             Humble
             Petition
             of
             the
             Knights
             ,
             Citizens
             ,
             and
             Burgesses
             of
             the
             Commons
             House
             of
             Parliament
             in
             Ireland
             ,
             whose
             Names
             are
             underwritten
             :
             To
             the
             King
             's
             most
             Excellent
             Majesty
             read
             .
          
           
             The
             two
             Gentlemen
             ,
             Mr.
             
               Io.
               Bellewe
            
             and
             Mr.
             
               Oliver
               Castle
            
             ,
             who
             brought
             over
             those
             Petitions
             were
             called
             in
             ,
             and
             demanded
             by
             Mr.
             Speaker
             several
             Questions
             .
          
           
             These
             Gentlemen
             were
             again
             called
             in
             ,
             and
             Mr.
             Speaker
             told
             them
             :
          
           
             This
             House
             has
             taken
             into
             Consideration
             your
             Petition
             ,
             and
             in
             due
             time
             you
             shall
             know
             the
             Pleasure
             of
             this
             House
             .
          
           
             Ordered
             ,
             That
             the
             Lieutenant
             of
             the
             Tower
             be
             required
             from
             this
             
             House
             ,
             that
             he
             do
             not
             suffer
             Sir
             
               George
               Ratcliff
            
             to
             speak
             with
             the
             Earl
             of
             Strafford
             ,
             a
             Prisoner
             there
             ,
             until
             further
             Order
             be
             given
             from
             this
             House
             ,
             nor
             suffer
             any
             Message
             or
             Letter
             to
             be
             sent
             from
             Sir
             
               George
               Ratcliff
            
             unto
             him
             ;
             or
             if
             any
             such
             be
             ,
             to
             give
             Notice
             of
             it
             to
             this
             House
             ,
             Sir
             
               George
               Ratcliff
            
             being
             already
             sent
             for
             ,
             by
             Order
             of
             this
             House
             ,
             upon
             an
             Information
             of
             High
             Treason
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             the
             Earl
             of
             
             Craford's
             Troop
             ,
             and
             
             those
             other
             Officers
             in
             the
             Army
             ,
             that
             go
             under
             the
             Name
             of
             Reformadoes
             are
             unnecessary
             Charge
             ,
             and
             fit
             to
             be
             spared
             ;
             and
             that
             my
             Lord
             General
             be
             moved
             by
             Message
             from
             this
             House
             thereunto
             .
          
           
             Resolved
             ,
             That
             those
             Companies
             ,
             or
             other
             Officers
             ,
             that
             shall
             be
             thus
             Casheer'd
             by
             the
             Lord
             General
             ,
             shall
             be
             paid
             to
             the
             Eighth
             of
             December
             next
             .
          
        
         
           
             Tuesday
             ,
             December
             1.
             1640.
             
             A
             Message
             from
             the
             Lords
             by
             Baron
             Trevor
             and
             Iudge
             Bartley
             .
          
           
             The
             Lords
             have
             sent
             Us
             to
             this
             House
             ,
             to
             desire
             a
             present
             Conference
             
             in
             the
             Painted
             Chamber
             ,
             with
             the
             same
             Committee
             that
             was
             concerning
             the
             matter
             of
             the
             free
             Conference
             Yesterday
             .
          
           
             Answer
             returned
             by
             the
             same
             Messengers
             .
          
           
             This
             House
             has
             taken
             into
             Consideration
             the
             Message
             of
             the
             Lords
             ,
             and
             they
             return
             this
             Answer
             ,
             That
             they
             will
             give
             a
             meeting
             presently
             ,
             as
             is
             desired
             .
          
           
             Mr.
             Pym
             Reports
             from
             the
             Conference
             this
             day
             ,
             That
             the
             Lords
             Committee
             ,
             with
             whom
             we
             had
             a
             free
             Conference
             Yesterday
             ,
             took
             the
             Matter
             into
             Consideration
             ,
             and
             their
             Resolution
             is
             :
          
           
             That
             such
             Members
             of
             the
             House
             of
             Commons
             ,
             as
             they
             shall
             make
             
             choice
             of
             ,
             shall
             be
             present
             from
             time
             to
             time
             at
             the
             preparatory
             Examinations
             concerning
             the
             Earl
             of
             Strafford
             .
          
           
             The
             Lord
             Keeper
             expected
             we
             should
             say
             something
             .
             We
             told
             them
             ,
             We
             had
             no
             Warrant
             ;
             for
             a
             Conference
             was
             desired
             concerning
             the
             matter
             of
             free
             Conference
             ,
             and
             that
             a
             free
             Conference
             was
             not
             desired
             ;
             the
             Question
             they
             would
             have
             been
             satisfied
             in
             ,
             was
             ,
             Whether
             we
             did
             intend
             to
             have
             the
             Examinations
             taken
             publick
             in
             the
             House
             ,
             or
             by
             a
             private
             Committee
             ?
             I
             answered
             ,
             We
             had
             no
             Commission
             for
             a
             free
             Conference
             .
          
           
             The
             same
             Committee
             that
             were
             appointed
             to
             draw
             up
             the
             Charge
             against
             the
             Earl
             of
             Strafford
             ,
             are
             to
             be
             present
             at
             the
             Preparatory
             Examinations
             
             of
             Witnesses
             before
             the
             Lords
             ,
             to
             present
             such
             Questions
             unto
             the
             Lords
             as
             they
             shall
             think
             fit
             thereupon
             ;
             and
             after
             a
             full
             Examination
             ,
             to
             present
             the
             whole
             state
             of
             the
             business
             to
             this
             House
             .
          
           
             A
             Message
             to
             be
             sent
             to
             the
             Lords
             ,
             to
             acquaint
             them
             that
             the
             House
             is
             ready
             ,
             by
             some
             Members
             of
             this
             House
             ,
             to
             present
             divers
             Witnesses
             to
             be
             
             examined
             ,
             and
             such
             questions
             as
             they
             shall
             desire
             that
             those
             Witnesses
             so
             propounded
             by
             them
             may
             be
             all
             examined
             one
             after
             another
             ,
             with
             speed
             and
             secresie
             .
          
           
             Thursday
             morning
             is
             peremptorily
             appointed
             for
             Sir
             
               George
               Ratcliff
            
             to
             appear
             here
             ,
             and
             if
             he
             come
             not
             then
             ,
             a
             Message
             is
             to
             be
             sent
             to
             the
             
             Lords
             ,
             to
             desire
             them
             to
             move
             His
             Majesty
             for
             a
             Proclamation
             to
             be
             ordered
             against
             him
             ,
             to
             bring
             him
             in
             .
          
           
             Power
             is
             given
             to
             the
             Committee
             that
             is
             to
             be
             present
             at
             the
             preparatory
             Examination
             of
             Witnesses
             before
             the
             Lords
             ,
             to
             summon
             such
             Witnesses
             to
             be
             examined
             to
             morrow
             as
             they
             shall
             think
             fit
             .
          
        
         
           
             Mr.
             Maynard's
             Report
             from
             the
             Conference
             Yesterday
             .
          
           
             The
             Lords
             said
             ,
             They
             had
             taken
             the
             Message
             into
             Consideration
             sent
             
             by
             Mr.
             Pym
             ,
             some
             things
             were
             Resolved
             ,
             others
             not
             ,
             and
             for
             that
             purpose
             desired
             a
             free
             Conference
             ;
             whereas
             we
             did
             desire
             to
             examine
             some
             Members
             of
             this
             House
             ,
             they
             were
             ready
             to
             examine
             them
             when
             we
             should
             require
             .
             They
             answered
             ,
             That
             the
             Peers
             of
             their
             House
             that
             shall
             be
             desired
             ,
             and
             all
             the
             Assistants
             of
             that
             House
             ,
             when
             they
             shall
             be
             thereunto
             required
             ,
             shall
             be
             examined
             upon
             Oath
             ;
             and
             next
             for
             the
             time
             and
             secresie
             ,
             They
             said
             they
             should
             be
             speedily
             examined
             ,
             and
             Examinations
             secretly
             kept
             .
          
        
         
           
             Thursday
             ,
             December
             3.
             1640.
             
          
           
             A
             Message
             brought
             from
             the
             Lords
             by
             my
             Lord
             Chief
             Justice
             Littleton
             and
             Judge
             Bartley
             ,
             That
             according
             to
             a
             desire
             of
             this
             House
             ,
             by
             a
             late
             
             Message
             ,
             they
             have
             deputed
             certain
             of
             their
             Members
             to
             take
             the
             Examination
             of
             Witnesses
             in
             the
             Case
             of
             the
             Earl
             of
             Strafford
             ,
             which
             they
             will
             be
             ready
             to
             perform
             in
             the
             presence
             of
             such
             Members
             of
             this
             House
             ,
             as
             shall
             be
             deputed
             to
             that
             purpose
             .
          
           
             Ordered
             ,
             That
             the
             Earl
             of
             Kildares
             Petition
             ,
             presented
             to
             the
             Grand
             Committee
             for
             Irish
             Affairs
             ,
             be
             referred
             to
             the
             Sub-Committee
             for
             those
             Affairs
             .
          
        
         
           
             Friday
             ,
             December
             4.
             1640.
             
          
           
             Ordered
             ,
             That
             those
             Members
             of
             this
             House
             ,
             that
             be
             appointed
             to
             be
             present
             at
             the
             preparatory
             Examinations
             before
             the
             Lords
             ,
             be
             required
             to
             declare
             that
             by
             their
             Duty
             they
             owe
             to
             this
             House
             ,
             they
             are
             obliged
             to
             keep
             all
             those
             Examinations
             secret
             .
          
           
             Those
             Eight
             appointed
             for
             that
             Service
             did
             make
             all
             of
             them
             Protestations
             to
             that
             purpose
             .
             
          
           
             Ordered
             ,
             That
             those
             Eight
             ,
             or
             any
             Four
             of
             them
             ,
             may
             be
             present
             at
             the
             preparatory
             Examinations
             before
             the
             Lords
             .
          
           
             
               
               Mr.
               Selden
               ,
            
             
               Mr.
               Dutton
               ,
            
             
               Mr.
               Crew
               ,
            
             
               Sir
               Peter
               Hayman
               ,
            
             
               Sir
               Harbottle
               Grimston
               ,
            
             
               Sir
               Henry
               Anderson
               ,
            
             
               Sir
               Nevil
               Poole
               ,
            
             
               Sir
               Thomas
               Barrington
               .
            
          
        
         
           
             Saturday
             .
          
           
             The
             Petition
             of
             
               Richard
               Heaton
            
             and
             
               Lyonell
               Farrington
            
             were
             read
             ,
             and
             Farrington
             called
             in
             ,
             did
             avow
             his
             Petition
             ;
             the
             Petitions
             are
             referred
             to
             the
             Committee
             appointed
             to
             draw
             up
             the
             Charge
             against
             the
             Earl
             of
             Strafford
             to
             make
             use
             of
             it
             ,
             if
             they
             shall
             see
             Cause
             .
          
        
         
           
             December
             26th
             ,
             1640.
             
          
           
             Ordered
             ,
             That
             the
             Committee
             appointed
             to
             draw
             up
             the
             Charge
             against
             the
             Earl
             of
             Strafford
             ,
             shall
             have
             Power
             to
             examine
             Witnesses
             concerning
             Sir
             
               George
               Ratcliff
            
             ,
             and
             to
             prepare
             a
             Charge
             against
             him
             ,
             and
             to
             present
             it
             to
             this
             House
             .
          
        
         
           
             Tuesday
             ,
             December
             29th
             ,
             1640.
             
             The
             Articles
             against
             
               Sir
               George
               Ratcliff
            
             Read.
             
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             this
             House
             shall
             Accuse
             Sir
             George
             
             Ratcliff
             Knight
             ,
             of
             High
             Treason
             ,
             in
             the
             Name
             of
             all
             the
             Commons
             of
             England
             .
          
           
             That
             these
             Articles
             thus
             Read
             ,
             shall
             be
             the
             Ground
             of
             this
             Accusation
             .
          
           
             That
             a
             Message
             shall
             be
             sent
             forthwith
             to
             the
             Lords
             ,
             to
             Accuse
             Sir
             
               George
               Ratcliff
            
             Knight
             ,
             of
             High
             Treason
             ,
             in
             the
             Name
             of
             this
             House
             ,
             and
             of
             all
             the
             Commons
             of
             England
             ,
             and
             that
             very
             speedily
             they
             will
             bring
             Articles
             against
             him
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             the
             Articles
             prepared
             by
             the
             Committee
             against
             Sir
             
               George
               Ratcliff
            
             ,
             and
             Read
             here
             ,
             shall
             be
             engrossed
             against
             to
             morrow
             ,
             to
             be
             sent
             to
             the
             Lords
             ,
             as
             a
             Charge
             ,
             against
             him
             .
          
           
             A
             Message
             sent
             from
             the
             Lords
             by
             the
             Master
             of
             the
             Rolls
             and
             Judge
             
             Reeves
             .
          
           
             The
             Lords
             have
             Commanded
             Us
             to
             say
             to
             You
             ,
             That
             whereas
             there
             came
             a
             Message
             from
             this
             House
             ,
             to
             Accuse
             Sir
             
               George
               Ratcliff
            
             of
             High
             Treason
             ;
             They
             would
             know
             ,
             Whether
             they
             should
             presently
             take
             care
             to
             make
             safe
             his
             Person
             ?
          
           
             Answer
             returned
             by
             the
             same
             Messengers
             :
          
           
             That
             this
             House
             has
             taken
             their
             Lordships
             Message
             into
             Consideration
             ,
             and
             will
             forthwith
             return
             them
             Answer
             by
             Messengers
             of
             their
             own
             .
          
           
             Mr.
             Pym
             went
             up
             to
             the
             Lords
             to
             acquaint
             them
             ,
             that
             this
             day
             the
             
             House
             of
             Commons
             gave
             no
             Instructions
             to
             their
             former
             Messengers
             ,
             concerning
             the
             Committing
             of
             Sir
             
               George
               Ratcliff
            
             ,
             because
             his
             Person
             is
             already
             in
             safe
             Custody
             in
             the
             Gate-house
             ,
             and
             they
             intended
             to
             have
             acquainted
             their
             Lordships
             with
             it
             ,
             when
             they
             had
             produced
             the
             Articles
             against
             him
             ,
             which
             would
             have
             been
             very
             shortly
             ,
             but
             since
             they
             are
             prevented
             by
             their
             Lordships
             ,
             they
             refer
             what
             to
             do
             in
             it
             to
             their
             Lordships
             .
          
           
           
             Mr.
             Pym
             brings
             Answer
             from
             the
             Lords
             of
             his
             Message
             ,
             That
             concerning
             the
             safe
             Custody
             of
             Sir
             
               George
               Ratcliff
            
             ,
             they
             had
             sent
             for
             him
             ,
             and
             had
             taken
             Order
             in
             it
             ,
             and
             touching
             the
             receiving
             of
             the
             Examinations
             in
             this
             Cause
             ,
             there
             should
             be
             the
             same
             course
             observed
             in
             them
             as
             was
             in
             the
             Earl
             of
             Strafford
             .
          
        
         
           
             Thursday
             ,
             December
             31.
             1640.
             
          
           
             The
             Articles
             against
             Sir
             
               George
               Ratcliff
            
             ,
             by
             former
             Order
             ingrossed
             ,
             were
             twice
             Read
             ;
             And
             then
             it
             was
             Resolved
             upon
             the
             Question
             ,
             That
             these
             Articles
             thus
             ingrossed
             and
             read
             ,
             shall
             be
             sent
             up
             to
             the
             Lords
             by
             the
             Commons
             Assembled
             in
             Parliament
             ,
             in
             maintenance
             of
             their
             Accusation
             of
             Sir
             
               George
               Ratcliff
            
             ,
             whereby
             he
             standeth
             Charged
             of
             High
             Treason
             ;
             And
             it
             is
             Ordered
             ,
             That
             Mr.
             Pym
             go
             up
             with
             these
             Articles
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             a
             Message
             be
             sent
             forthwith
             to
             the
             Lords
             ,
             to
             desire
             a
             Conference
             of
             both
             Houses
             ,
             concerning
             Articles
             exhibited
             in
             maintenance
             of
             the
             Charge
             against
             Sir
             
               George
               Ratcliff
            
             .
          
           
             Sir
             
               Iohn
               Strangways
            
             went
             up
             with
             this
             Message
             .
          
           
             It
             was
             moved
             ,
             That
             the
             House
             would
             think
             of
             some
             Answer
             to
             the
             Lords
             ,
             concerning
             the
             Charges
             against
             the
             Lord
             Archbishop
             of
             Canterbury
             ,
             and
             the
             Earl
             of
             Strafford
             ,
             delivered
             from
             the
             Scottish
             Commissioners
             ,
             at
             a
             Conference
             by
             a
             Committee
             of
             both
             Houses
             .
          
        
         
           
             Monday
             ,
             Ianuary
             4th
             ,
             1640.
             
          
           
             Ordered
             ,
             That
             a
             Conference
             be
             desired
             with
             the
             Lords
             to
             morrow
             morning
             ,
             concerning
             the
             state
             ,
             the
             disorders
             and
             dangers
             of
             the
             new
             levied
             
             Irish
             Army
             ,
             and
             to
             present
             them
             to
             their
             Lordships
             ,
             and
             to
             desire
             them
             to
             join
             with
             the
             House
             in
             a
             Petition
             to
             His
             Majesty
             ,
             for
             the
             disbanding
             of
             that
             Army
             .
             The
             Committee
             appointed
             for
             the
             Earl
             of
             
             Strafford's
             business
             ,
             are
             to
             prepare
             the
             Heads
             of
             this
             Conference
             ;
             and
             the
             Members
             of
             this
             House
             are
             required
             to
             bring
             into
             this
             Committee
             ,
             between
             this
             and
             to
             morrow
             morning
             ,
             such
             Informations
             as
             shall
             come
             to
             their
             Hands
             conducing
             to
             these
             matters
             ;
             Sir
             
               Walter
               Earle
            
             and
             Sir
             
               Iohn
               Clotworthy
            
             are
             to
             manage
             this
             Conference
             .
          
           
             It
             was
             likewise
             moved
             ,
             That
             at
             this
             Conference
             ,
             Considerations
             might
             be
             had
             of
             the
             great
             Resort
             daily
             made
             to
             the
             Earl
             of
             Strafford
             .
          
           
             Mr.
             
               Nathaniel
               Fines
            
             is
             to
             go
             up
             to
             morrow
             morning
             with
             a
             Message
             to
             the
             Lords
             ,
             to
             desire
             a
             Conference
             with
             their
             Lordships
             ,
             concerning
             the
             Disorders
             and
             Inconveniences
             of
             the
             new
             levied
             Irish
             Army
             .
          
           
             And
             to
             desire
             a
             free
             Conference
             concerning
             those
             Declarations
             presented
             by
             the
             Scottish
             Commissioners
             ,
             against
             the
             Lord
             Lieutenant
             and
             the
             Lord
             Archbishop
             of
             Canterbury
             ,
             as
             Incendiaries
             ;
             Sir
             
               Peter
               Hayman
            
             to
             go
             up
             with
             this
             Message
             .
          
           
             The
             Subject
             of
             his
             Conference
             to
             be
             ,
             to
             present
             to
             the
             Lords
             ,
             that
             it
             may
             be
             made
             known
             to
             the
             Lords
             Commissioners
             ,
             that
             the
             Scottish
             Commissioners
             be
             desired
             to
             bring
             in
             their
             Proofs
             against
             the
             Lord
             Lieutenant
             ,
             and
             the
             Lord
             Archbishop
             of
             Canterbury
             ,
             to
             the
             end
             ,
             the
             Parliament
             may
             proceed
             to
             Judgment
             .
          
        
         
           
             Tuesday
             ,
             Ianuary
             12th
             ,
             1640.
             
          
           
             Ordered
             ,
             That
             the
             several
             Petitions
             of
             Sir
             
               Henry
               Wallop
            
             ,
             the
             Lord
             
             Viscount
             Nettersfield
             ,
             be
             referred
             to
             the
             Sub-Committee
             ,
             formerly
             appointed
             
             by
             the
             Grand
             Committee
             for
             Irish
             Affairs
             for
             the
             business
             of
             Sir
             
               Henry
               Wallop
            
             ,
             because
             there
             is
             something
             in
             those
             Petitions
             that
             will
             materially
             conduce
             to
             the
             Charge
             of
             the
             Earl
             of
             Strafford
             .
          
           
             Ordered
             ,
             That
             the
             Committee
             appointed
             to
             prepare
             some
             fit
             way
             of
             Representing
             to
             the
             Lords
             the
             four
             Irish
             Causes
             formerly
             Reported
             here
             ,
             
               (
               viz.
            
             )
             That
             of
             the
             Lord
             Mountnorris
             ,
             the
             Lord
             Dillon
             ,
             Lord
             Viscount
             Ely
             ,
             and
             the
             Earl
             of
             Kildare
             do
             sit
             .
          
        
         
           
             Friday
             ,
             Ianuary
             15th
             ,
             1640.
             
          
           
             Ordered
             ,
             That
             the
             Committee
             appointed
             to
             draw
             up
             the
             Charge
             against
             
             the
             Earl
             of
             Strafford
             ,
             shall
             desire
             to
             have
             the
             Depositions
             that
             are
             yet
             sealed
             up
             ,
             delivered
             unto
             them
             ,
             and
             may
             add
             and
             insert
             such
             particular
             Instances
             ,
             and
             other
             Circumstances
             ,
             as
             they
             in
             their
             Discretions
             shall
             think
             fit
             to
             the
             several
             Articles
             delivered
             in
             Charge
             against
             the
             Earl
             of
             Strafford
             ,
             according
             to
             the
             saving
             in
             the
             conclusion
             of
             those
             Articles
             ,
             and
             that
             they
             present
             the
             whole
             matter
             to
             the
             House
             on
             Monday
             morning
             next
             .
          
        
         
           
             Saturday
             ,
             Ianuary
             16th
             ,
             1640.
             
          
           
             Mr.
             Pym
             went
             up
             to
             the
             Lords
             with
             a
             Message
             to
             this
             Effect
             :
             
          
           
             To
             desire
             their
             Lordships
             ,
             That
             those
             Examinations
             which
             ,
             at
             the
             Request
             of
             this
             House
             ,
             were
             taken
             ,
             in
             the
             Case
             of
             the
             Earl
             of
             Strafford
             ,
             by
             the
             Lords
             deputed
             to
             that
             purpose
             ,
             may
             be
             delivered
             to
             the
             Commissioners
             of
             this
             House
             appointed
             to
             draw
             up
             the
             Charge
             against
             the
             Earl
             ,
             that
             they
             may
             make
             use
             of
             them
             for
             the
             enlarging
             of
             their
             Charge
             ,
             in
             particularities
             of
             Evidences
             ,
             according
             to
             the
             Clause
             of
             Resolution
             in
             the
             conclusion
             of
             the
             said
             Charge
             ;
             and
             likewise
             to
             make
             a
             Declaration
             ,
             That
             howsoever
             ,
             by
             the
             Course
             of
             Parliament
             ,
             this
             House
             might
             proceed
             with
             the
             Charge
             in
             general
             ,
             yet
             to
             avoid
             all
             scruples
             ,
             and
             to
             bring
             the
             business
             sooner
             to
             a
             conclusion
             ,
             they
             do
             desire
             to
             conclude
             in
             this
             way
             .
          
        
         
           
             Saturday
             ,
             Ianuary
             23.
             1640.
             
          
           
             
               Mr.
               Selden
               ,
            
             
               Mr.
               Palmer
               ,
            
             
               Mr.
               Whitlock
               ,
            
             
               Mr.
               Maynard
               .
            
          
           
             By
             Order
             ,
             are
             added
             to
             the
             Committee
             that
             are
             to
             draw
             up
             the
             Articles
             against
             the
             Earl
             of
             Strafford
             .
          
        
         
           
             Thursday
             ,
             Ianuary
             28th
             ,
             1640.
             
          
           
             The
             further
             Impeachment
             of
             Thomas
             Earl
             of
             Strafford
             ,
             by
             the
             Commons
             
             Assembled
             in
             Parliament
             ,
             was
             this
             day
             read
             .
          
        
         
           
             Friday
             ,
             Ianuary
             29th
             ,
             1640.
             
          
           
             Ordered
             ,
             That
             the
             Consideration
             of
             the
             Commission
             granted
             to
             the
             Earl
             of
             Worcester
             ,
             and
             his
             eldest
             Son
             the
             Lord
             Herbert
             ,
             and
             some
             Commissions
             by
             them
             granted
             to
             others
             ,
             for
             the
             levying
             of
             Forces
             in
             the
             several
             Counties
             of
             England
             and
             Wales
             ,
             and
             all
             the
             Circumstances
             depending
             thereupon
             ,
             be
             referred
             to
             the
             Committee
             to
             draw
             up
             the
             Charge
             
             against
             the
             Earl
             of
             Strafford
             ,
             and
             to
             consider
             of
             the
             Magazine
             in
             Sir
             Piercy
             Herbert's
             Custody
             .
          
        
         
           
             Saturday
             ,
             Ianuary
             30th
             ,
             1640.
             
          
           
             The
             further
             Impeachment
             of
             Thomas
             Earl
             of
             Strafford
             was
             again
             read
             ,
             and
             the
             Title
             of
             the
             Impeachment
             ,
             and
             every
             Article
             ,
             and
             the
             Conclusion
             ,
             were
             every
             of
             them
             particularly
             put
             to
             the
             Question
             ,
             and
             were
             every
             of
             them
             assented
             unto
             ,
             and
             Resolved
             upon
             the
             Question
             :
             And
             afterwards
             it
             was
             Resolved
             upon
             the
             Question
             ,
             That
             these
             Articles
             being
             engrossed
             ,
             shall
             be
             forthwith
             sent
             up
             to
             the
             Lords
             .
          
           
             Ordered
             ,
             That
             Mr.
             Hambden
             go
             up
             with
             a
             Message
             to
             the
             Lords
             ,
             to
             desire
             a
             Conference
             with
             their
             Lordships
             presently
             (
             if
             it
             may
             stand
             with
             their
             Lordships
             Occasions
             )
             by
             a
             Committee
             of
             both
             Houses
             ,
             touching
             the
             further
             Impeachment
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             Mr.
             Pym
             is
             to
             manage
             this
             Conference
             ,
             and
             Mr.
             Maynard
             is
             to
             be
             Assistant
             to
             him
             .
          
           
             Mr.
             Pym
             acquaints
             the
             House
             ,
             That
             according
             to
             their
             Command
             ,
             he
             had
             delivered
             unto
             the
             Lords
             the
             Articles
             for
             the
             further
             Impeachment
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             Ordered
             ,
             That
             the
             Thanks
             of
             this
             House
             be
             given
             to
             Mr.
             Pym
             ,
             and
             to
             the
             whole
             Committee
             ,
             for
             the
             great
             Service
             they
             have
             done
             this
             House
             in
             the
             great
             pains
             they
             have
             taken
             ,
             in
             preparing
             and
             drawing
             up
             the
             Charge
             and
             Articles
             against
             Thomas
             Earl
             of
             Strafford
             .
          
        
         
           
             Tuesday
             ,
             February
             16th
             ,
             1640.
             
          
           
             Sir
             
               Philip
               Stapleton
            
             went
             up
             to
             the
             Lords
             ,
             with
             a
             Message
             ,
             to
             desire
             a
             Conference
             with
             their
             Lordships
             ,
             by
             a
             Committee
             of
             both
             Houses
             ,
             presently
             (
             if
             it
             may
             stand
             with
             their
             Lordships
             Occasions
             )
             concerning
             the
             Earl
             of
             Strafford
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             the
             Heads
             Reported
             by
             Mr.
             Pym
             from
             the
             Committee
             appointed
             to
             prepare
             the
             Heads
             of
             the
             Conference
             to
             be
             desired
             with
             the
             Lords
             ,
             concerning
             the
             Earl
             of
             Strafford
             ,
             shall
             be
             Heads
             of
             that
             Conference
             ,
             and
             that
             Committee
             is
             to
             manage
             the
             Conference
             .
          
           
             Sir
             
               Philip
               Stapleton
            
             brings
             Answer
             from
             the
             Lords
             ,
             That
             their
             Lordships
             do
             expect
             His
             Majesty
             at
             their
             House
             this
             Morning
             ;
             and
             that
             so
             soon
             as
             His
             Majesty
             shall
             be
             gone
             ,
             they
             will
             send
             Answer
             by
             Messengers
             of
             their
             own
             .
          
        
         
           
             Thursday
             ,
             February
             18th
             ,
             1640.
             
          
           
             The
             Lords
             desired
             a
             Conference
             by
             a
             Committee
             of
             both
             Houses
             ,
             concerning
             
             the
             Sequestring
             of
             Thomas
             Earl
             of
             Strafford
             from
             his
             Offices
             ,
             presently
             in
             the
             Painted
             Chamber
             ,
             if
             it
             may
             stand
             with
             the
             conveniency
             of
             this
             House
             .
          
           
             To
             which
             ,
             Answer
             was
             returned
             ,
             That
             they
             will
             give
             a
             meeting
             presently
             for
             a
             free
             Conference
             .
          
           
             Mr.
             Pym
             Reports
             the
             free
             Conference
             .
          
           
             Upon
             Mr.
             Pyms
             Report
             ,
             It
             was
             Ordered
             ,
             That
             this
             Committee
             ,
             viz.
             
          
           
             
               
               Sir
               Walter
               Earle
               ,
            
             
               Sir
               Io.
               Culpepper
               ,
            
             
               Mr.
               Hollis
               ,
            
             
               Mr.
               Solicitor
               ,
            
             
               Mr.
               Vaughan
               ,
            
             
               Mr.
               Hyde
               ,
            
             
               Mr.
               Pym
               ,
            
             
               Mr.
               Maynard
               ,
            
             
               Mr.
               Selden
               ,
            
             
               Mr.
               Palmer
               ,
            
             
               Mr.
               Whitlock
               ,
            
             
               Sir
               Simon
               D'Ewes
               ,
            
             
               Mr.
               Whistler
               ,
            
             
               Mr.
               Glyn
               ,
               and
            
             
               Mr.
               Hampden
               .
            
          
           
             Do
             take
             into
             Consideration
             the
             whole
             matter
             of
             the
             Report
             of
             the
             free
             Conference
             now
             made
             by
             Mr.
             Pym
             ,
             and
             also
             what
             concerns
             the
             Right
             of
             the
             Commons
             in
             the
             Proceedings
             in
             the
             Lords
             House
             against
             the
             Earl
             of
             Strafford
             ,
             and
             what
             Concerns
             the
             Kingdom
             in
             general
             ,
             and
             the
             Legality
             of
             these
             Proceedings
             ;
             and
             they
             are
             likewise
             to
             Consider
             ,
             What
             is
             fit
             for
             the
             Commons
             to
             claim
             in
             Causes
             of
             Impeachment
             ;
             and
             they
             are
             to
             meet
             this
             Afternoon
             at
             Two
             of
             the
             Clock
             in
             the
             Treasury
             Chamber
             .
          
        
         
           
             Friday
             ,
             February
             19th
             ,
             1640.
             
          
           
             That
             the
             Committee
             for
             the
             Earl
             of
             Strafford
             shall
             have
             Liberty
             to
             open
             
             all
             Letters
             directed
             to
             Sir
             
               George
               Ratcliff
            
             ,
             and
             if
             they
             find
             it
             worthy
             the
             knowledge
             of
             the
             House
             ,
             they
             are
             to
             acquaint
             the
             House
             therewith
             .
          
           
             Ordered
             ,
             That
             the
             Committee
             ,
             appointed
             to
             consider
             of
             the
             Proceedings
             in
             the
             Lords
             House
             against
             Thomas
             Earl
             of
             Strafford
             ,
             do
             meet
             this
             Afternoon
             at
             Two
             of
             the
             Clock
             in
             the
             Treasury
             Chamber
             .
          
        
         
           
             Tuesday
             ,
             February
             23.
             1640.
             
          
           
             A
             Message
             from
             the
             Lords
             ,
             desiring
             a
             present
             Conference
             by
             a
             Committee
             
             of
             both
             Houses
             in
             the
             Painted-Chamber
             (
             if
             it
             may
             stand
             with
             the
             convenience
             of
             this
             House
             )
             concerning
             the
             Conference
             that
             was
             Yesterday
             ,
             touching
             the
             Proceedings
             against
             Thomas
             Earl
             of
             Strafford
             .
          
           
             Answer
             returned
             by
             the
             same
             Messenger
             ,
             That
             this
             House
             hath
             taken
             into
             Consideration
             their
             Lordships
             Message
             ,
             and
             will
             give
             a
             meeting
             for
             a
             free
             Conference
             ,
             as
             is
             desired
             .
          
           
             Mr.
             Glyn
             Reports
             from
             the
             Conference
             ,
             That
             the
             Lord
             Keeper
             delivered
             the
             Lords
             Answer
             in
             these
             words
             ,
             viz.
             First
             ,
             That
             We
             shall
             admit
             him
             no
             further
             use
             of
             Council
             ,
             than
             the
             necessity
             of
             the
             Case
             ,
             for
             his
             just
             Defence
             ,
             requireth
             ,
             and
             wherein
             Council
             may
             ,
             with
             the
             Justice
             and
             Honour
             of
             this
             House
             ,
             be
             afforded
             him
             .
             Secondly
             ,
             That
             there
             shall
             be
             no
             delay
             in
             Proceedings
             ,
             but
             all
             Expedition
             used
             according
             to
             their
             own
             desires
             .
          
        
         
           
             Wednesday
             ,
             February
             24th
             ,
             1640.
             
          
           
             A
             Message
             from
             the
             Lords
             ,
             desiring
             a
             Conference
             by
             a
             Committee
             of
             both
             Houses
             ,
             touching
             the
             Answer
             of
             Thomas
             Earl
             of
             Strafford
             presently
             ,
             if
             it
             may
             stand
             with
             the
             Conveniency
             of
             this
             House
             .
          
           
             Answer
             returned
             by
             the
             same
             Messengers
             ,
             That
             this
             House
             will
             give
             a
             meeting
             presently
             ,
             as
             is
             desired
             .
          
           
             
               
               Mr.
               Solicitor
               ,
            
             
               Mr.
               Maynard
               ,
            
             
               Mr.
               Pym
               ,
            
             
               Mr.
               Reynolds
               ,
            
             
               Mr.
               Palmer
               ,
               and
            
             
               Mr.
               Hampden
               ,
            
          
           
             Are
             appointed
             Reporters
             of
             the
             Conference
             .
          
           
             Mr.
             Solicitor
             Reports
             from
             the
             Conference
             ,
             That
             Yesterday
             was
             the
             day
             the
             Lords
             had
             prefixed
             for
             my
             Lord
             of
             Strafford
             to
             give
             in
             his
             Answer
             ,
             that
             accordingly
             he
             was
             there
             ,
             and
             had
             given
             it
             in
             ;
             and
             that
             this
             Answer
             which
             now
             they
             had
             delivered
             to
             the
             Commons
             was
             the
             Answer
             which
             the
             Earl
             of
             Strafford
             was
             to
             stand
             or
             fall
             by
             .
          
           
             The
             engrossed
             Answer
             ,
             and
             a
             Copy
             of
             it
             ,
             were
             both
             delivered
             in
             by
             the
             Reporters
             ,
             and
             was
             desired
             ,
             that
             when
             the
             Copy
             was
             perfectly
             examined
             ,
             the
             Original
             might
             be
             delivered
             to
             the
             Clerk
             of
             their
             House
             .
          
           
             Ordered
             ,
             That
             Mr.
             Speaker
             be
             here
             this
             Afternoon
             at
             One
             of
             the
             Clock
             ,
             and
             that
             the
             Earl
             of
             
             Strafford's
             Answer
             may
             then
             be
             read
             and
             considered
             of
             .
          
           
             The
             same
             day
             in
             the
             Afternoon
             the
             several
             Articles
             of
             the
             further
             Impeachment
             of
             Thomas
             Earl
             of
             Strafford
             ,
             by
             the
             Commons
             ,
             were
             all
             read
             ;
             and
             to
             every
             of
             the
             said
             Articles
             ,
             the
             particular
             and
             several
             Answers
             of
             the
             said
             Earl
             were
             likewise
             read
             .
          
           
             The
             Answer
             held
             three
             hours
             reading
             ,
             being
             above
             200
             sheets
             of
             Paper
             ,
             too
             long
             to
             be
             here
             inserted
             ;
             yet
             take
             an
             exact
             Abstract
             of
             the
             said
             Answer
             to
             the
             Articles
             exhibited
             against
             him
             ,
             which
             are
             as
             followeth
             :
          
           
             
               
                 
                   
                     Answers
                     to
                     28
                     special
                     Articles
                     .
                  
                   
                     
                       To
                       the
                       First
                       Article
                       ,
                       he
                       saith
                       ,
                       He
                       conceives
                       that
                       the
                       Commission
                       and
                       Instruction
                       differ
                       not
                       from
                       those
                       formerly
                       granted
                       ,
                       but
                       refers
                       to
                       them
                       ,
                       and
                       that
                       such
                       Alterations
                       and
                       Additions
                       as
                       were
                       made
                       ,
                       were
                       (
                       for
                       ought
                       he
                       knoweth
                       )
                       rather
                       for
                       the
                       explanation
                       than
                       for
                       the
                       enlarging
                       of
                       the
                       Jurisdiction
                       ,
                       the
                       Care
                       whereof
                       was
                       left
                       to
                       the
                       Secretary
                       of
                       that
                       Council
                       ,
                       and
                       to
                       the
                       King
                       's
                       Learned
                       Council
                       ,
                       to
                       be
                       passed
                       for
                       the
                       good
                       of
                       the
                       King's
                       Service
                       ,
                       and
                       the
                       Publick
                       Welfare
                       of
                       that
                       Province
                       ;
                       for
                       Legality
                       of
                       the
                       Proceedings
                       ,
                       divers
                       eminent
                       Lawyers
                       were
                       joyned
                       with
                       the
                       President
                       ,
                       who
                       ,
                       for
                       the
                       Legal
                       parts
                       ,
                       was
                       by
                       them
                       to
                       be
                       directed
                       .
                       He
                       did
                       not
                       advise
                       or
                       procure
                       the
                       enlargement
                       of
                       the
                       Commission
                       and
                       Instructions
                       ,
                       and
                       he
                       believeth
                       nothing
                       hath
                       been
                       practiced
                       since
                       ,
                       that
                       was
                       not
                       in
                       former
                       Times
                       ,
                       contained
                       in
                       former
                       Commissions
                       ,
                       under
                       general
                       words
                       .
                       He
                       believeth
                       Sir
                       
                         Conyers
                         Darcy
                      
                       was
                       lawfully
                       Fined
                       for
                       Misdemeanors
                       ,
                       as
                       a
                       Justice
                       of
                       Peace
                       ;
                       and
                       hath
                       heard
                       ,
                       he
                       being
                       in
                       Ireland
                       ,
                       that
                       Sir
                       
                         Iohn
                         Boucher
                      
                       was
                       Fined
                       for
                       some
                       great
                       Abuse
                       at
                       the
                       Kings
                       being
                       at
                       York
                       ,
                       going
                       into
                       Scotland
                       to
                       be
                       Crowned
                       ;
                       to
                       the
                       Proceedings
                       he
                       refers
                       himself
                       .
                       He
                       denies
                       that
                       he
                       hath
                       done
                       any
                       thing
                       by
                       that
                       Commission
                       or
                       Instruction
                       ,
                       other
                       than
                       he
                       conceived
                       he
                       might
                       by
                       virtue
                       thereof
                       lawfully
                       do
                       .
                    
                  
                   
                     
                       To
                       the
                       Second
                       Article
                       ,
                       He
                       denieth
                       the
                       speaking
                       of
                       those
                       words
                       ,
                       but
                       
                       saith
                       ,
                       That
                       30
                       ,
                       40
                       l.
                       or
                       more
                       ,
                       being
                       returned
                       as
                       Issues
                       out
                       of
                       the
                       Exchequer
                       ,
                       against
                       some
                       that
                       had
                       compounded
                       for
                       Knighthood
                       ,
                       for
                       10
                       l.
                       or
                       20
                       l.
                       so
                       as
                       the
                       Issues
                       far
                       exceeded
                       the
                       Composition
                       ,
                       and
                       yet
                       would
                       next
                       time
                       have
                       been
                       increased
                       .
                       The
                       said
                       Earl
                       upon
                       this
                       occasion
                       said
                       ,
                       That
                       now
                       they
                       might
                       see
                       ,
                       that
                       the
                       little
                       Finger
                       of
                       the
                       Law
                       was
                       heavier
                       than
                       
                       the
                       King's
                       Loins
                       ,
                       which
                       he
                       spake
                       to
                       nourish
                       good
                       Affections
                       in
                       them
                       towards
                       His
                       Majesty
                       ,
                       and
                       not
                       to
                       threaten
                       or
                       terrifie
                       any
                       ,
                       as
                       the
                       Article
                       is
                       supposed
                       .
                    
                  
                   
                     
                       To
                       the
                       Third
                       Article
                       ,
                       he
                       saith
                       ,
                       Ireland
                       is
                       not
                       Governed
                       by
                       the
                       same
                       
                       Laws
                       that
                       this
                       Kingdom
                       is
                       ,
                       unless
                       it
                       be
                       meant
                       by
                       the
                       Common
                       Laws
                       ,
                       their
                       Customs
                       ,
                       Statutes
                       ,
                       Execution
                       of
                       Martial
                       Laws
                       ,
                       Proceedings
                       at
                       Council-Board
                       very
                       much
                       differ
                       ,
                       they
                       spake
                       not
                       the
                       words
                       in
                       the
                       Article
                       to
                       any
                       such
                       intent
                       ;
                       He
                       saith
                       ,
                       It
                       might
                       be
                       fit
                       enough
                       for
                       him
                       to
                       remember
                       them
                       of
                       the
                       great
                       Obligation
                       they
                       had
                       to
                       the
                       King
                       and
                       His
                       Progenitors
                       ,
                       that
                       suffered
                       them
                       ,
                       being
                       a
                       Conquer'd
                       Nation
                       ,
                       to
                       enjoy
                       Freedom
                       and
                       Laws
                       ,
                       as
                       their
                       own
                       people
                       of
                       this
                       Kingdom
                       ;
                       and
                       it
                       might
                       be
                       ,
                       that
                       upon
                       some
                       such
                       occasion
                       ,
                       he
                       said
                       to
                       those
                       of
                       Dublin
                       ,
                       That
                       some
                       of
                       their
                       Charters
                       were
                       void
                       ,
                       and
                       nothing
                       worth
                       ,
                       and
                       did
                       not
                       bind
                       His
                       Majesty
                       farther
                       than
                       He
                       pleased
                       ,
                       which
                       he
                       believes
                       to
                       be
                       true
                       ,
                       having
                       been
                       formerly
                       so
                       informed
                       by
                       His
                       Majesties
                       Learned
                       Council
                       upon
                       sundry
                       occasions
                       .
                    
                  
                   
                     
                       To
                       the
                       Fourth
                       ,
                       he
                       saith
                       ,
                       That
                       the
                       legal
                       and
                       ordinary
                       Proceedings
                       at
                       
                       Council-Table
                       are
                       ,
                       and
                       time
                       out
                       of
                       mind
                       have
                       been
                       by
                       Petition
                       ,
                       Answers
                       ,
                       examination
                       of
                       Witnesses
                       ,
                       as
                       in
                       other
                       Courts
                       of
                       Justice
                       concerning
                       British
                       Plantations
                       ,
                       the
                       Church
                       and
                       Cases
                       hence
                       recommended
                       by
                       the
                       King
                       ,
                       for
                       the
                       time
                       being
                       ,
                       and
                       in
                       Appeals
                       from
                       other
                       Courts
                       there
                       ;
                       and
                       the
                       Council-Board
                       have
                       always
                       punished
                       Contempts
                       to
                       Orders
                       there
                       made
                       ,
                       to
                       Proclamations
                       ,
                       and
                       Acts
                       of
                       State
                       ,
                       by
                       Fine
                       and
                       Imprisonment
                       .
                       He
                       saith
                       ,
                       That
                       it
                       might
                       be
                       ,
                       he
                       told
                       the
                       Earl
                       of
                       Cork
                       ,
                       that
                       he
                       would
                       imprison
                       him
                       if
                       he
                       disobeyed
                       the
                       Orders
                       of
                       the
                       Council-Table
                       ,
                       and
                       that
                       he
                       would
                       not
                       have
                       Lawyers
                       dispute
                       or
                       question
                       those
                       Orders
                       ,
                       and
                       that
                       they
                       should
                       bind
                       ,
                       but
                       remembreth
                       not
                       the
                       Comparison
                       of
                       Acts
                       of
                       Parliament
                       ;
                       and
                       he
                       hath
                       been
                       so
                       far
                       from
                       scorning
                       the
                       Laws
                       ,
                       that
                       he
                       hath
                       endeavoured
                       to
                       maintain
                       them
                       ;
                       the
                       Suit
                       against
                       the
                       Earl
                       ,
                       in
                       the
                       Castle-Chamber
                       ,
                       was
                       concerning
                       the
                       Possessions
                       of
                       the
                       Colledge
                       of
                       Youghall
                       ,
                       worth
                       6
                       or
                       700
                       l.
                       which
                       he
                       had
                       endeavoured
                       to
                       get
                       ,
                       by
                       causing
                       of
                       unlawful
                       Oaths
                       to
                       be
                       taken
                       ,
                       and
                       very
                       undue
                       means
                       ,
                       the
                       matter
                       proceeded
                       to
                       Examination
                       and
                       Publication
                       of
                       Witnesses
                       ,
                       and
                       after
                       ,
                       upon
                       the
                       Earl
                       of
                       
                       Cork's
                       humble
                       Suit
                       ,
                       and
                       payment
                       of
                       15000
                       l.
                       to
                       His
                       Majesty
                       ,
                       and
                       his
                       acknowledgement
                       of
                       his
                       Misdemeanors
                       ,
                       obtained
                       a
                       Pardon
                       ,
                       and
                       the
                       Bill
                       and
                       Proceedings
                       were
                       taken
                       of
                       the
                       Files
                       ;
                       and
                       he
                       remembers
                       not
                       any
                       Suit
                       for
                       breach
                       of
                       any
                       Order
                       made
                       at
                       Council-Table
                       .
                    
                  
                   
                     
                       To
                       the
                       Fifth
                       ,
                       he
                       saith
                       ,
                       The
                       Deputies
                       and
                       Generals
                       of
                       the
                       Army
                       have
                       
                       always
                       executed
                       
                         Martial
                         Law
                      
                       ,
                       which
                       is
                       necessary
                       there
                       ;
                       and
                       the
                       Army
                       ,
                       and
                       the
                       Members
                       thereof
                       ,
                       have
                       been
                       long
                       time
                       Governed
                       by
                       printed
                       Orders
                       ,
                       according
                       to
                       which
                       ,
                       divers
                       ,
                       by
                       Sentence
                       of
                       the
                       Council
                       of
                       War
                       ,
                       have
                       formerly
                       been
                       put
                       to
                       death
                       as
                       well
                       in
                       the
                       time
                       of
                       Peace
                       as
                       War.
                       The
                       Lord
                       Mountnorris
                       ,
                       being
                       a
                       Captain
                       of
                       a
                       Company
                       in
                       the
                       Army
                       ,
                       for
                       mutinous
                       words
                       against
                       the
                       said
                       Earl
                       ,
                       General
                       of
                       that
                       Army
                       ,
                       and
                       upon
                       two
                       of
                       those
                       ancient
                       Orders
                       was
                       proceeded
                       against
                       by
                       a
                       Council
                       of
                       War
                       ,
                       being
                       the
                       Principal
                       Officers
                       of
                       the
                       Army
                       ,
                       about
                       twenty
                       in
                       number
                       ,
                       and
                       by
                       them
                       ,
                       upon
                       clear
                       Evidence
                       ,
                       sentenced
                       to
                       Death
                       ,
                       wherein
                       the
                       said
                       Earl
                       was
                       no
                       Judge
                       ,
                       but
                       laboured
                       so
                       effectually
                       with
                       His
                       Majesty
                       ,
                       that
                       he
                       obtained
                       the
                       Lord
                       
                       Mountnorris's
                       Pardon
                       ,
                       who
                       ,
                       by
                       that
                       Sentence
                       ,
                       suffered
                       no
                       personal
                       hurt
                       or
                       damage
                       ,
                       save
                       about
                       two
                       days
                       Imprisonment
                       .
                       And
                       as
                       to
                       the
                       other
                       Persons
                       ,
                       he
                       can
                       make
                       no
                       Answer
                       thereunto
                       ,
                       no
                       particulars
                       being
                       described
                       .
                    
                  
                   
                     
                       To
                       the
                       Sixth
                       ,
                       he
                       saith
                       ,
                       The
                       Suit
                       had
                       depended
                       many
                       years
                       in
                       Chancery
                       ,
                       
                       and
                       the
                       Plaintiff
                       Complaining
                       of
                       that
                       delay
                       ,
                       the
                       said
                       Earl
                       ,
                       upon
                       
                       a
                       Petition
                       ,
                       (
                       as
                       in
                       such
                       Cases
                       hath
                       been
                       usual
                       )
                       calling
                       to
                       him
                       the
                       then
                       Master
                       of
                       the
                       Rolls
                       ,
                       the
                       now
                       Lord
                       Chancellor
                       ,
                       and
                       the
                       Chief
                       Justice
                       of
                       the
                       
                         Common
                         Pleas
                      
                       ,
                       upon
                       the
                       Proofs
                       in
                       the
                       Chancery
                       ,
                       decreed
                       for
                       the
                       Plantiff
                       ,
                       to
                       which
                       he
                       refers
                       himself
                       ,
                       and
                       it
                       may
                       be
                       the
                       Lord
                       Mountnorris
                       was
                       thereupon
                       put
                       out
                       of
                       his
                       Possession
                       .
                    
                  
                   
                     
                       To
                       the
                       Seventh
                       ,
                       he
                       saith
                       ,
                       His
                       Majesty
                       being
                       Intituled
                       to
                       divers
                       Lands
                       ,
                       upon
                       an
                       Inquisition
                       found
                       ,
                       Proclamation
                       was
                       made
                       ,
                       That
                       such
                       as
                       Claimed
                       
                       by
                       Patent
                       should
                       come
                       in
                       by
                       a
                       day
                       ,
                       and
                       have
                       their
                       Patents
                       allowed
                       ,
                       as
                       if
                       they
                       had
                       been
                       found
                       in
                       the
                       Inquisition
                       ,
                       and
                       accordingly
                       divers
                       were
                       allowed
                       .
                       The
                       Lord
                       Dillon
                       produced
                       His
                       Patent
                       ,
                       which
                       being
                       questionable
                       ,
                       he
                       consented
                       ,
                       and
                       desired
                       that
                       a
                       Case
                       might
                       be
                       drawn
                       ,
                       which
                       was
                       drawn
                       by
                       Counsel
                       ,
                       and
                       argued
                       ,
                       and
                       the
                       Judges
                       delivered
                       their
                       Opinions
                       ,
                       but
                       the
                       Lord
                       Dillon
                       ,
                       nor
                       any
                       other
                       ,
                       were
                       bound
                       thereby
                       ,
                       or
                       put
                       out
                       of
                       Possession
                       ,
                       but
                       might
                       have
                       traversed
                       the
                       Office
                       ,
                       or
                       otherwise
                       legally
                       have
                       proceeded
                       ,
                       that
                       Case
                       or
                       Opinion
                       notwithstanding
                       .
                    
                  
                   
                     
                       To
                       the
                       Eighth
                       ,
                       he
                       saith
                       ,
                       That
                       upon
                       Sir
                       Iohn
                       Gifford's
                       Petition
                       to
                       the
                       
                       King
                       ,
                       His
                       Majesty
                       referred
                       it
                       to
                       the
                       Deputy
                       and
                       Council
                       of
                       Ireland
                       ,
                       where
                       the
                       matter
                       proceeding
                       legally
                       to
                       a
                       Decree
                       against
                       the
                       Lord
                       Loftus
                       ,
                       and
                       upon
                       his
                       Appeal
                       ,
                       that
                       Decree
                       ,
                       by
                       His
                       Majesty
                       and
                       His
                       Council
                       of
                       England
                       ,
                       was
                       confirmed
                       ,
                       to
                       which
                       Decree
                       and
                       Order
                       he
                       refers
                       himself
                       ,
                       believing
                       the
                       Lord
                       Loftus
                       was
                       committed
                       for
                       disobeying
                       that
                       Decree
                       ,
                       and
                       for
                       continuance
                       in
                       contempt
                       committed
                       close
                       Prisoner
                       .
                       He
                       saith
                       ,
                       That
                       the
                       Lord
                       Loftus
                       having
                       committed
                       divers
                       Contempts
                       ,
                       the
                       Council
                       by
                       Warrant
                       required
                       him
                       to
                       appear
                       at
                       the
                       Board
                       ,
                       and
                       to
                       bring
                       the
                       Great
                       Seal
                       with
                       him
                       ;
                       which
                       Order
                       he
                       disobeyed
                       ,
                       and
                       was
                       shortly
                       after
                       Committed
                       ,
                       and
                       the
                       Great
                       Seal
                       was
                       delivered
                       up
                       by
                       His
                       Majesties
                       express
                       Command
                       ,
                       and
                       not
                       otherwise
                       .
                       And
                       an
                       Information
                       was
                       exhibited
                       in
                       the
                       Star-Chamber
                       ,
                       for
                       grievous
                       Oppressions
                       done
                       by
                       the
                       Lord
                       Loftus
                       as
                       Chancellor
                       ,
                       whereof
                       he
                       was
                       so
                       far
                       from
                       justifying
                       ,
                       as
                       that
                       he
                       submitted
                       ,
                       desiring
                       to
                       be
                       an
                       Object
                       of
                       His
                       Majesties
                       Mercy
                       ,
                       and
                       not
                       of
                       His
                       Justice
                       .
                    
                     
                       The
                       Earl
                       of
                       Kildare
                       for
                       not
                       performing
                       of
                       an
                       Award
                       made
                       by
                       King
                       Iames
                       ,
                       and
                       of
                       an
                       Award
                       made
                       in
                       pursuance
                       thereof
                       ,
                       by
                       the
                       said
                       Earl
                       of
                       
                       Strafford
                       ,
                       upon
                       a
                       Reference
                       from
                       His
                       Majesty
                       ,
                       was
                       by
                       the
                       Deputy
                       and
                       Council
                       Committed
                       ,
                       and
                       a
                       Letter
                       being
                       unduly
                       obtained
                       ,
                       he
                       did
                       not
                       thereupon
                       enlarge
                       him
                       ;
                       but
                       upon
                       another
                       Letter
                       ,
                       and
                       submission
                       to
                       the
                       Orders
                       ,
                       as
                       by
                       the
                       King
                       was
                       directed
                       ,
                       he
                       was
                       enlarged
                       .
                    
                     
                       The
                       Lady
                       Hibbots
                       ,
                       and
                       one
                       Hoy
                       her
                       Son
                       ,
                       having
                       upon
                       a
                       Petition
                       ,
                       Answer
                       ,
                       Examination
                       of
                       Witnesses
                       ,
                       and
                       other
                       Proceedings
                       at
                       Council-Board
                       ,
                       been
                       found
                       to
                       have
                       committed
                       foul
                       abuses
                       by
                       Fraud
                       and
                       Circumvention
                       ,
                       to
                       have
                       made
                       a
                       Bargain
                       with
                       the
                       Petitioner
                       Hibbots
                       ,
                       for
                       Lands
                       of
                       a
                       great
                       value
                       ,
                       for
                       a
                       small
                       sum
                       of
                       Money
                       ,
                       was
                       Ordered
                       to
                       deliver
                       up
                       the
                       Writing
                       ,
                       no
                       Assurances
                       being
                       perfected
                       ,
                       or
                       Money
                       paid
                       ,
                       and
                       it
                       's
                       like
                       he
                       threatned
                       her
                       with
                       Commitment
                       if
                       she
                       obeyed
                       not
                       that
                       Order
                       ,
                       but
                       denieth
                       that
                       the
                       Lands
                       were
                       after
                       sold
                       to
                       Sir
                       
                         Robert
                         Meredith
                      
                       to
                       his
                       use
                       ,
                       or
                       that
                       by
                       any
                       Order
                       by
                       himself
                       made
                       ,
                       any
                       one
                       hath
                       been
                       Imprisoned
                       concerning
                       Freeholds
                       ,
                       but
                       for
                       debts
                       and
                       personal
                       things
                       ,
                       as
                       some
                       have
                       been
                       used
                       by
                       all
                       his
                       Predecessors
                       in
                       like
                       Causes
                       .
                    
                  
                   
                     
                       To
                       the
                       Ninth
                       ,
                       he
                       saith
                       ,
                       Warrants
                       to
                       such
                       Effects
                       have
                       been
                       usually
                       granted
                       to
                       the
                       Bishops
                       in
                       Ireland
                       ,
                       in
                       the
                       times
                       of
                       all
                       former
                       Deputies
                       ;
                       but
                       the
                       Earl
                       not
                       satisfied
                       with
                       the
                       conveniency
                       thereof
                       ,
                       refused
                       to
                       give
                       any
                       such
                       Warrants
                       in
                       general
                       to
                       the
                       Bishops
                       as
                       had
                       been
                       formerly
                       done
                       ;
                       but
                       being
                       informed
                       that
                       divers
                       in
                       the
                       Diocess
                       of
                       Down
                       gave
                       not
                       fitting
                       Obedience
                       ,
                       he
                       granted
                       a
                       Warrant
                       to
                       that
                       Bishop
                       ,
                       whereto
                       he
                       referreth
                       ,
                       
                       which
                       was
                       the
                       only
                       Warrant
                       he
                       granted
                       of
                       that
                       Nature
                       ,
                       and
                       hearing
                       of
                       some
                       Complaints
                       of
                       the
                       Execution
                       thereof
                       ,
                       he
                       recalled
                       it
                       .
                    
                  
                   
                     
                       To
                       the
                       Tenth
                       ;
                       he
                       saith
                       ;
                       The
                       Lord
                       Treasurer
                       Portland
                       offered
                       the
                       Farm
                       of
                       the
                       Customs
                       for
                       13000
                       
                         l.
                         per
                         annum
                      
                       in
                       some
                       particular
                       Species
                       ,
                       but
                       the
                       Earl
                       of
                       Strafford
                       advanced
                       the
                       same
                       Customs
                       to
                       15500
                       
                         l.
                         per
                         annum
                      
                       ,
                       and
                       8000
                       l.
                       Fine
                       ,
                       and
                       by
                       His
                       Majesties
                       Command
                       became
                       a
                       Farmer
                       at
                       those
                       Rates
                       proposed
                       ,
                       without
                       addition
                       to
                       those
                       Rates
                       ,
                       as
                       by
                       the
                       printed
                       Books
                       7
                       
                         Car.
                         Regis
                      
                       may
                       appear
                       ;
                       he
                       disswaded
                       the
                       advance
                       of
                       Rates
                       lately
                       proposed
                       by
                       Sir
                       
                         Abraham
                         Dawes
                      
                       ,
                       so
                       as
                       it
                       was
                       declined
                       ;
                       the
                       Rates
                       of
                       Hydes
                       and
                       Wooll
                       are
                       moderate
                       ,
                       consideration
                       being
                       had
                       of
                       their
                       true
                       value
                       ,
                       and
                       of
                       the
                       Places
                       whereto
                       they
                       are
                       to
                       be
                       transported
                       ;
                       and
                       of
                       the
                       Statute
                       made
                       in
                       the
                       time
                       of
                       Queen
                       Elizabeth
                       ,
                       and
                       there
                       in
                       force
                       ,
                       prohibiting
                       the
                       Exportation
                       of
                       Wooll
                       ,
                       unless
                       they
                       pay
                       to
                       the
                       Crown
                       5
                       s.
                       the
                       Stone
                       ;
                       the
                       Trade
                       and
                       Shipping
                       of
                       that
                       Kingdom
                       are
                       exceedingly
                       increased
                       .
                    
                  
                   
                     
                       To
                       the
                       Eleventh
                       ,
                       he
                       saith
                       ,
                       Pipe-staves
                       were
                       prohibited
                       in
                       King
                       
                       Iames's
                       Time
                       ,
                       and
                       not
                       Exported
                       ,
                       but
                       by
                       Licence
                       from
                       the
                       Lord
                       Treasurer
                       of
                       England
                       ,
                       or
                       Lord-Deputy
                       of
                       Ireland
                       ,
                       who
                       had
                       6
                       s.
                       8
                       d.
                       a
                       1000
                       ,
                       and
                       his
                       Secretary
                       3
                       s.
                       4
                       d.
                       for
                       the
                       Licence
                       ;
                       but
                       to
                       restrain
                       that
                       destruction
                       of
                       Timber
                       ,
                       by
                       Command
                       of
                       His
                       Majesty
                       ,
                       and
                       Advice
                       of
                       His
                       Council
                       ,
                       for
                       His
                       Revenue
                       in
                       Ireland
                       ,
                       first
                       30
                       s.
                       then
                       3
                       l.
                       the
                       money
                       was
                       paid
                       to
                       His
                       Majesty
                       ,
                       who
                       hath
                       thereby
                       about
                       1500
                       
                         l.
                         per
                         annum
                      
                       ,
                       and
                       his
                       Lordship
                       lost
                       about
                       4
                       or
                       500
                       
                         l.
                         per
                         annum
                      
                       ,
                       which
                       his
                       Predecessors
                       had
                       for
                       such
                       Licences
                       .
                       This
                       is
                       paid
                       by
                       the
                       Transporter
                       ,
                       not
                       by
                       the
                       Natives
                       ,
                       whose
                       Commodity
                       nevertheless
                       appears
                       by
                       the
                       Article
                       to
                       be
                       very
                       much
                       increased
                       .
                    
                  
                   
                     
                       To
                       the
                       Twelfth
                       ,
                       he
                       saith
                       ,
                       The
                       Subsidies
                       there
                       are
                       an
                       Inheritance
                       in
                       the
                       Crown
                       by
                       Act
                       of
                       Parliament
                       ,
                       6
                       d.
                       was
                       paid
                       for
                       Subsidy
                       ,
                       and
                       1
                       s.
                       6
                       d.
                       for
                       Impost
                       upon
                       every
                       pound
                       of
                       Tobacco
                       ,
                       and
                       Farmed
                       10
                       or
                       20
                       
                         l.
                         per
                         annum
                      
                       ,
                       the
                       Commons
                       in
                       Parliament
                       ,
                       10
                       
                         Car.
                         Regis
                      
                       ,
                       finding
                       the
                       Revenue
                       to
                       be
                       short
                       of
                       the
                       Expence
                       of
                       that
                       Kingdom
                       24000
                       
                         l.
                         per
                         annum
                      
                       ,
                       Petitioned
                       ,
                       those
                       Grants
                       might
                       be
                       applied
                       to
                       increase
                       His
                       Majesties
                       Revenue
                       ,
                       without
                       calling
                       upon
                       the
                       Subject
                       ,
                       but
                       upon
                       urgent
                       Occasions
                       :
                       Hereupon
                       upon
                       the
                       Advice
                       of
                       the
                       Committee
                       of
                       the
                       Revenue
                       ;
                       and
                       in
                       consideration
                       of
                       a
                       Proclamation
                       made
                       in
                       England
                       ,
                       several
                       Proclamations
                       were
                       made
                       ,
                       and
                       this
                       setled
                       in
                       a
                       way
                       ,
                       till
                       it
                       could
                       be
                       confirmed
                       by
                       Parliament
                       ,
                       for
                       which
                       purpose
                       a
                       Bill
                       is
                       transmitted
                       ,
                       according
                       to
                       the
                       desire
                       of
                       the
                       Commons
                       ,
                       and
                       the
                       Impost
                       of
                       Tobacco
                       is
                       Let
                       to
                       Contractors
                       for
                       eleven
                       years
                       ,
                       at
                       5000
                       
                         l.
                         per
                         annum
                      
                       for
                       the
                       first
                       five
                       years
                       ,
                       and
                       10000
                       
                         l.
                         per
                         annum
                      
                       for
                       the
                       other
                       six
                       years
                       ,
                       and
                       the
                       Earl
                       hath
                       lent
                       money
                       to
                       forward
                       the
                       business
                       ,
                       and
                       by
                       His
                       Majesties
                       Allowance
                       is
                       a
                       Partner
                       ,
                       but
                       hath
                       not
                       as
                       yet
                       in
                       two
                       years
                       last
                       past
                       had
                       any
                       Accompts
                       thereof
                       ,
                       or
                       made
                       benefit
                       thereby
                       .
                       He
                       knoweth
                       of
                       no
                       whipping
                       ,
                       or
                       other
                       punishment
                       ;
                       the
                       Farmes
                       of
                       the
                       Customs
                       are
                       better
                       than
                       formerly
                       ,
                       2000
                       
                         l.
                         per
                         annum
                      
                       ,
                       five
                       8
                       parts
                       whereof
                       is
                       yearly
                       paid
                       unto
                       His
                       Majesty
                       ;
                       the
                       prices
                       of
                       Tobacco
                       exceed
                       not
                       2
                       s.
                       or
                       2
                       s.
                       4
                       d.
                       the
                       pound
                       ,
                       the
                       setling
                       of
                       that
                       Revenue
                       ,
                       according
                       to
                       the
                       Petition
                       of
                       the
                       Commons
                       ,
                       he
                       hath
                       not
                       raised
                       ,
                       or
                       countenanced
                       any
                       Monopolies
                       ,
                       but
                       opposed
                       the
                       same
                       .
                    
                  
                   
                     
                       To
                       the
                       Thirteenth
                       ,
                       he
                       saith
                       ,
                       He
                       endeavoured
                       to
                       advance
                       the
                       Manufacture
                       of
                       Linnen
                       rather
                       than
                       of
                       Woollen-Cloth
                       ,
                       which
                       might
                       prejudice
                       that
                       Trade
                       here
                       ;
                       he
                       bought
                       Flax-seed
                       in
                       the
                       Low-Countries
                       ,
                       and
                       sold
                       it
                       at
                       the
                       same
                       Rate
                       to
                       such
                       as
                       desired
                       if
                       ,
                       they
                       making
                       their
                       Cloaths
                       not
                       above
                       a
                       foot
                       broad
                       ,
                       and
                       winding
                       8
                       or
                       10
                       threads
                       from
                       several
                       bottoms
                       together
                       ;
                       the
                       contrary
                       was
                       twined
                       ,
                       their
                       Flax
                       formerly
                       not
                       above
                       a
                       foot
                       ,
                       became
                       a
                       yard
                       in
                       length
                       ,
                       and
                       that
                       soil
                       is
                       fit
                       to
                       bear
                       it
                       ,
                       and
                       the
                       people
                       love
                       such
                       
                       easie
                       Works
                       ;
                       He
                       hath
                       set
                       up
                       many
                       Looms
                       ,
                       made
                       much
                       Cloth
                       ,
                       and
                       sold
                       it
                       to
                       the
                       loss
                       of
                       some
                       Thousands
                       of
                       pounds
                       ;
                       but
                       when
                       the
                       State
                       saw
                       the
                       Natives
                       would
                       not
                       change
                       their
                       old
                       Courses
                       for
                       new
                       and
                       better
                       ,
                       the
                       Proclamation
                       was
                       declined
                       .
                       What
                       he
                       did
                       was
                       for
                       the
                       Publick
                       Good
                       ,
                       and
                       had
                       nothing
                       from
                       them
                       that
                       was
                       not
                       fully
                       paid
                       for
                       .
                    
                  
                   
                     
                       To
                       the
                       Fourteenth
                       ,
                       he
                       saith
                       ,
                       He
                       refers
                       to
                       the
                       Oath
                       and
                       Proclamation
                       ,
                       which
                       was
                       set
                       forth
                       by
                       the
                       said
                       Earl
                       and
                       Council
                       of
                       State
                       there
                       ,
                       at
                       the
                       instance
                       of
                       the
                       Farmers
                       of
                       the
                       Customs
                       ,
                       towards
                       the
                       defrauding
                       of
                       the
                       King's
                       Duties
                       being
                       in
                       France
                       ,
                       whereof
                       His
                       Majesty
                       had
                       five
                       eight
                       parts
                       :
                       He
                       never
                       heard
                       any
                       Complain
                       of
                       the
                       Oath
                       ,
                       or
                       of
                       any
                       that
                       refused
                       to
                       take
                       it
                       ,
                       and
                       conceived
                       it
                       to
                       be
                       lawful
                       ,
                       divers
                       of
                       the
                       Council
                       approving
                       it
                       ,
                       being
                       Learned
                       Judges
                       of
                       the
                       Law
                       ,
                       to
                       whose
                       judgment
                       ,
                       for
                       the
                       legality
                       ,
                       he
                       submitted
                       ,
                       as
                       well
                       in
                       that
                       as
                       to
                       other
                       matters
                       of
                       like
                       nature
                       .
                    
                  
                   
                     
                       To
                       the
                       Fifteenth
                       ,
                       He
                       denieth
                       what
                       is
                       in
                       the
                       Article
                       Objected
                       ,
                       but
                       saith
                       ,
                       That
                       about
                       the
                       Year
                       1626.
                       certain
                       Agents
                       authorized
                       in
                       Ireland
                       ,
                       were
                       sent
                       into
                       England
                       ,
                       and
                       offered
                       and
                       agreed
                       to
                       pay
                       to
                       His
                       Majesty
                       120000
                       l.
                       in
                       six
                       years
                       ,
                       towards
                       the
                       maintenance
                       of
                       His
                       Army
                       ,
                       and
                       a
                       like
                       payment
                       of
                       20000
                       
                         l.
                         per
                         annum
                      
                       ,
                       was
                       after
                       agreed
                       ,
                       and
                       continued
                       for
                       three
                       years
                       longer
                       ;
                       the
                       Assessments
                       were
                       made
                       ,
                       and
                       it
                       was
                       shortly
                       after
                       ,
                       by
                       them
                       and
                       the
                       Lord
                       Faulkland
                       then
                       Deputy
                       ,
                       agreed
                       in
                       Ireland
                       ,
                       that
                       the
                       money
                       should
                       not
                       be
                       charged
                       upon
                       Record
                       ,
                       but
                       levied
                       by
                       Captains
                       ,
                       by
                       Paper-Assignments
                       ,
                       upon
                       Warrants
                       from
                       the
                       Lord
                       Deputy
                       ;
                       and
                       this
                       course
                       was
                       held
                       four
                       years
                       in
                       the
                       Lord
                       
                       Faulkland's
                       time
                       ,
                       and
                       the
                       four
                       years
                       wherein
                       the
                       Lord
                       Loftus
                       and
                       the
                       Earl
                       of
                       Cork
                       were
                       Lords
                       Justices
                       there
                       ;
                       and
                       it
                       held
                       for
                       the
                       remaining
                       year
                       only
                       ,
                       after
                       the
                       Earl
                       of
                       Strafford
                       came
                       thither
                       ;
                       but
                       the
                       Earl
                       of
                       Cork
                       having
                       spared
                       those
                       Towns
                       for
                       the
                       benefit
                       of
                       himself
                       and
                       Tenants
                       during
                       the
                       time
                       of
                       his
                       being
                       Justice
                       :
                       The
                       Earl
                       of
                       Strafford
                       reduced
                       the
                       Assessments
                       to
                       what
                       it
                       was
                       made
                       by
                       the
                       Lord
                       Faulkland
                       ,
                       and
                       gave
                       way
                       that
                       Sir
                       
                         William
                         St.
                         Leiger
                      
                       ,
                       Lord
                       President
                       of
                       Munster
                       ,
                       to
                       take
                       the
                       same
                       Arrerages
                       ,
                       in
                       satisfaction
                       of
                       a
                       Debt
                       due
                       unto
                       him
                       by
                       His
                       Majesty
                       ,
                       and
                       he
                       is
                       confident
                       no
                       force
                       was
                       used
                       in
                       levying
                       the
                       same
                       :
                       It
                       hath
                       been
                       usual
                       to
                       lay
                       Souldiers
                       to
                       levy
                       that
                       Contribution
                       ,
                       to
                       send
                       Souldiers
                       to
                       apprehend
                       Contemners
                       of
                       Orders
                       made
                       at
                       Council-Board
                       ,
                       and
                       the
                       like
                       ;
                       and
                       when
                       Out-Laws
                       and
                       Rebels
                       have
                       been
                       in
                       the
                       Woods
                       ,
                       no
                       Souldiers
                       have
                       in
                       his
                       time
                       been
                       laid
                       ,
                       but
                       by
                       the
                       Advice
                       of
                       the
                       Council
                       there
                       .
                       Touching
                       the
                       Castle-Chamber
                       ,
                       it
                       's
                       a
                       parcel
                       of
                       the
                       Territory
                       of
                       Ideough
                       ,
                       whereto
                       the
                       King
                       was
                       Intituled
                       by
                       Inquisition
                       ,
                       and
                       the
                       Possession
                       established
                       in
                       a
                       Legal
                       way
                       ,
                       when
                       the
                       said
                       Earl
                       was
                       in
                       England
                       ,
                       and
                       no
                       Souldiers
                       were
                       sent
                       ,
                       but
                       only
                       12
                       at
                       the
                       intreaty
                       of
                       Mr.
                       Wanesford
                       ,
                       for
                       security
                       of
                       his
                       Houses
                       and
                       Plantations
                       against
                       Rebels
                       that
                       then
                       were
                       out
                       ,
                       and
                       burned
                       and
                       spoiled
                       Houses
                       thereabouts
                       ;
                       and
                       neither
                       Richard
                       Butler's
                       ,
                       or
                       any
                       other
                       Family
                       were
                       thence
                       expelled
                       by
                       the
                       said
                       Earl
                       from
                       their
                       Estates
                       .
                    
                  
                   
                     
                       To
                       the
                       Sixteenth
                       ,
                       he
                       saith
                       ,
                       There
                       was
                       such
                       a
                       Proposition
                       which
                       was
                       just
                       ,
                       to
                       prevent
                       clamourous
                       Complaints
                       here
                       ,
                       which
                       there
                       might
                       be
                       redressed
                       ,
                       but
                       conceives
                       that
                       by
                       the
                       Laws
                       there
                       ,
                       and
                       the
                       Articles
                       known
                       since
                       (
                       by
                       the
                       name
                       of
                       the
                       Articles
                       of
                       Grace
                       made
                       about
                       fourteen
                       years
                       since
                       )
                       none
                       ought
                       to
                       depart
                       that
                       Kingdom
                       without
                       Licence
                       .
                    
                     
                       Thereupon
                       ,
                       the
                       Advice
                       of
                       the
                       State
                       ,
                       the
                       Proclamations
                       were
                       set
                       forth
                       ,
                       but
                       not
                       with
                       such
                       intent
                       as
                       in
                       the
                       Article
                       .
                    
                     
                       He
                       denied
                       Licence
                       only
                       to
                       Three
                       ,
                       the
                       Earl
                       of
                       Cork
                       ,
                       the
                       Lord
                       Mount●
                       and
                       Sir
                       
                         〈◊〉
                         Hamilton
                      
                       ;
                       to
                       the
                       two
                       former
                       ,
                       in
                       regard
                       of
                       〈◊〉
                       〈◊〉
                       then
                       against
                       them
                       in
                       the
                       Castle-Chamber
                       ;
                       to
                       the
                       other
                       by
                       special
                       Command
                       from
                       His
                       Majesty
                       ;
                       but
                       so
                       soon
                       as
                       Sir
                       Frederick
                       said
                       he
                       
                       would
                       Complain
                       of
                       the
                       Earl
                       ,
                       he
                       made
                       Suit
                       to
                       His
                       Majesty
                       ,
                       That
                       Sir
                       Fredrick
                       might
                       come
                       over
                       ,
                       which
                       was
                       granted
                       ;
                       He
                       conceives
                       such
                       restraint
                       to
                       be
                       necessary
                       ,
                       and
                       if
                       that
                       it
                       be
                       not
                       continued
                       ,
                       it
                       will
                       prove
                       of
                       evil
                       Consequence
                       to
                       that
                       Kingdom
                       .
                    
                     
                       Parry
                       was
                       questioned
                       at
                       the
                       Council-Board
                       for
                       Misdemeanors
                       ,
                       and
                       to
                       avoid
                       Sentence
                       ,
                       secretly
                       went
                       out
                       of
                       the
                       Kingdom
                       ,
                       and
                       at
                       his
                       return
                       ,
                       for
                       that
                       and
                       other
                       Offences
                       ,
                       was
                       Fined
                       and
                       Imprisoned
                       ,
                       to
                       the
                       Sentence
                       thereof
                       he
                       refers
                       ,
                       and
                       knows
                       of
                       no
                       other
                       that
                       were
                       Imprisoned
                       ,
                       as
                       by
                       the
                       Article
                       is
                       Charged
                       .
                    
                  
                   
                     
                       To
                       the
                       Seventeenth
                       ,
                       he
                       saith
                       ,
                       It
                       's
                       like
                       he
                       might
                       say
                       (
                       for
                       the
                       better
                       encouragement
                       of
                       the
                       Officers
                       and
                       Souldiers
                       of
                       the
                       old
                       Irish
                       Army
                       ,
                       in
                       discharge
                       of
                       their
                       several
                       Duties
                       )
                       that
                       His
                       Majesty
                       was
                       so
                       well
                       satisfied
                       in
                       the
                       way
                       and
                       pains
                       they
                       took
                       in
                       using
                       and
                       practizing
                       of
                       their
                       Arms
                       ,
                       that
                       in
                       that
                       Point
                       he
                       would
                       set
                       them
                       as
                       a
                       Pattern
                       to
                       be
                       imitated
                       ;
                       and
                       conceives
                       it
                       would
                       not
                       be
                       ill
                       if
                       they
                       were
                       so
                       ,
                       they
                       being
                       in
                       the
                       Opinion
                       of
                       those
                       that
                       have
                       seen
                       them
                       Exercise
                       ,
                       very
                       able
                       and
                       expert
                       Souldiers
                       ,
                       he
                       spake
                       not
                       other
                       words
                       ,
                       or
                       to
                       other
                       purpose
                       .
                    
                  
                   
                     
                       To
                       the
                       Eighteenth
                       ,
                       he
                       saith
                       ,
                       When
                       the
                       Earl
                       of
                       Cork
                       was
                       one
                       of
                       the
                       Lords
                       Justices
                       ,
                       he
                       seized
                       some
                       Houses
                       in
                       Dublin
                       ,
                       pretending
                       they
                       belonged
                       to
                       Jesuits
                       and
                       Fryers
                       ,
                       without
                       Legal
                       Proceedings
                       ,
                       which
                       ,
                       upon
                       Suits
                       prosecuted
                       at
                       Council-Board
                       ,
                       were
                       ,
                       according
                       to
                       Justice
                       ,
                       restored
                       to
                       the
                       Owners
                       ;
                       but
                       how
                       since
                       imployed
                       the
                       Earl
                       of
                       Strafford
                       knoweth
                       not
                       ,
                       but
                       endeavoured
                       the
                       utmost
                       he
                       could
                       to
                       maintain
                       that
                       Seizure
                       .
                       Touching
                       the
                       8000
                       men
                       ,
                       he
                       saith
                       ,
                       They
                       were
                       raised
                       according
                       to
                       the
                       King's
                       Warrant
                       ,
                       and
                       that
                       the
                       said
                       Earl
                       left
                       the
                       Care
                       thereof
                       to
                       the
                       Earl
                       of
                       Ormond
                       and
                       others
                       ,
                       and
                       what
                       number
                       are
                       Protestants
                       ,
                       what
                       Papists
                       ,
                       he
                       knoweth
                       not
                       ,
                       but
                       believeth
                       such
                       a
                       Body
                       cannot
                       be
                       there
                       raised
                       ,
                       without
                       many
                       Papists
                       ;
                       the
                       greatest
                       number
                       of
                       the
                       Captains
                       and
                       Officers
                       are
                       Protestants
                       ,
                       chosen
                       by
                       the
                       said
                       Earl.
                       The
                       1000
                       men
                       were
                       drawn
                       out
                       of
                       the
                       old
                       ,
                       to
                       make
                       Officers
                       for
                       the
                       new
                       Army
                       ,
                       and
                       believeth
                       the
                       1000
                       put
                       to
                       the
                       old
                       Army
                       are
                       Protestants
                       ,
                       in
                       regard
                       by
                       his
                       express
                       Order
                       no
                       Papist
                       is
                       to
                       be
                       admitted
                       there
                       a
                       Common
                       Souldier
                       .
                       He
                       never
                       preferred
                       any
                       Captain
                       ,
                       Lieutenant
                       or
                       Ensign
                       to
                       be
                       of
                       that
                       Army
                       that
                       was
                       a
                       Papist
                       ,
                       and
                       conceives
                       they
                       are
                       duly
                       paid
                       ;
                       and
                       believes
                       those
                       newly
                       raised
                       exercise
                       the
                       Religion
                       no
                       otherwise
                       than
                       was
                       practiced
                       before
                       the
                       Earl's
                       coming
                       thither
                       :
                       He
                       was
                       a
                       Commissioner
                       to
                       Compound
                       with
                       the
                       Recusants
                       for
                       their
                       Forfeitures
                       ,
                       and
                       endeavoured
                       to
                       be
                       informed
                       of
                       the
                       utmost
                       value
                       of
                       their
                       Estates
                       ;
                       in
                       four
                       years
                       he
                       brought
                       that
                       Revenue
                       from
                       2300
                       l.
                       to
                       be
                       between
                       11
                       and
                       12000
                       
                         l.
                         per
                         annum
                      
                       ,
                       more
                       than
                       ever
                       was
                       raised
                       formerly
                       in
                       so
                       short
                       a
                       time
                       ,
                       by
                       which
                       faithful
                       dealings
                       ,
                       for
                       His
                       Majesty
                       ,
                       he
                       procured
                       the
                       hard
                       Opinion
                       of
                       the
                       Recusants
                       throughout
                       the
                       Kingdom
                       ;
                       that
                       out
                       of
                       those
                       Compositions
                       he
                       hath
                       paid
                       near
                       100000
                       l.
                       into
                       the
                       Exchequer
                       ;
                       and
                       they
                       had
                       no
                       other
                       Priviledges
                       than
                       what
                       was
                       exercised
                       in
                       the
                       Commission
                       ,
                       and
                       in
                       former
                       like
                       Commissions
                       ,
                       and
                       as
                       are
                       in
                       the
                       present
                       Commission
                       to
                       the
                       Lord
                       Treasurer
                       ,
                       and
                       others
                       .
                    
                  
                   
                     
                       To
                       the
                       Nineteenth
                       ,
                       he
                       saith
                       ,
                       The
                       last
                       Summer
                       was
                       twelve
                       months
                       ,
                       when
                       the
                       English
                       and
                       Scotch
                       lay
                       in
                       the
                       Fields
                       near
                       Berwick
                       ,
                       the
                       Earl
                       and
                       Council
                       of
                       Ireland
                       having
                       a
                       general
                       motion
                       thereof
                       ,
                       were
                       in
                       fear
                       that
                       the
                       Scots
                       in
                       Ulster
                       (
                       being
                       almost
                       100000
                       in
                       number
                       )
                       might
                       be
                       drawn
                       to
                       side
                       with
                       the
                       Covenanters
                       ,
                       and
                       advising
                       how
                       to
                       secure
                       that
                       Kingdom
                       ,
                       the
                       Principal
                       of
                       the
                       Nation
                       of
                       Scotland
                       ,
                       living
                       in
                       Ireland
                       ,
                       came
                       to
                       Dublin
                       and
                       Petitioned
                       ,
                       That
                       he
                       might
                       have
                       an
                       Oath
                       whereby
                       they
                       might
                       give
                       Testimony
                       of
                       future
                       Obedience
                       to
                       His
                       Majesty
                       ;
                       whereupon
                       an
                       Oath
                       
                       was
                       by
                       the
                       Advice
                       of
                       Council
                       of
                       State
                       framed
                       ,
                       and
                       chearfully
                       taken
                       by
                       those
                       Scotch
                       Gentlemen
                       ,
                       and
                       generally
                       by
                       all
                       the
                       Nation
                       in
                       Ireland
                       ,
                       as
                       the
                       Earl
                       conceives
                       to
                       their
                       advantage
                       ,
                       and
                       the
                       satisfaction
                       of
                       others
                       ;
                       he
                       believes
                       that
                       some
                       were
                       Sentenced
                       for
                       refusing
                       it
                       ,
                       but
                       none
                       were
                       otherwise
                       exiled
                       .
                       The
                       Earl
                       in
                       his
                       Vote
                       said
                       ,
                       That
                       he
                       would
                       endeavour
                       ,
                       that
                       all
                       of
                       that
                       Nation
                       should
                       take
                       that
                       Oath
                       ,
                       or
                       leave
                       the
                       Kingdom
                       ,
                       all
                       which
                       was
                       done
                       by
                       His
                       Majesties
                       Direction
                       and
                       Approbation
                       ;
                       and
                       it
                       was
                       not
                       contrived
                       to
                       the
                       intents
                       in
                       the
                       Article
                       Charged
                       ,
                       but
                       to
                       prevent
                       their
                       adhering
                       to
                       the
                       Covenanters
                       then
                       in
                       open
                       Arms
                       ,
                       and
                       not
                       concerning
                       the
                       Ceremony
                       or
                       Government
                       of
                       the
                       Church
                       .
                    
                  
                   
                     
                       To
                       the
                       Twentieth
                       ,
                       he
                       saith
                       ,
                       That
                       in
                       the
                       Year
                       1638.
                       the
                       Earl
                       was
                       in
                       Ireland
                       ,
                       when
                       Preparations
                       were
                       made
                       for
                       War
                       ,
                       and
                       Summons
                       sent
                       to
                       the
                       Nobility
                       of
                       this
                       Kingdom
                       :
                       In
                       the
                       Year
                       1639.
                       a
                       General
                       was
                       appointed
                       ,
                       and
                       an
                       Army
                       drawn
                       to
                       the
                       Field
                       ,
                       and
                       Encamped
                       near
                       Berwick
                       ,
                       whereby
                       it
                       appears
                       he
                       was
                       not
                       acquainted
                       that
                       the
                       Article
                       of
                       Pacification
                       had
                       been
                       broken
                       on
                       both
                       Sides
                       ,
                       and
                       so
                       distempered
                       ,
                       that
                       it
                       was
                       held
                       fit
                       an
                       Army
                       in
                       England
                       should
                       be
                       raised
                       ,
                       to
                       suppress
                       the
                       Covenanters
                       ,
                       if
                       the
                       business
                       could
                       not
                       with
                       Honour
                       and
                       Safety
                       be
                       otherwise
                       composed
                       .
                       The
                       said
                       Earl
                       humbly
                       advised
                       His
                       Majesty
                       to
                       call
                       a
                       Parliament
                       ,
                       and
                       used
                       many
                       Motives
                       thereunto
                       ;
                       after
                       the
                       Parliament
                       was
                       called
                       ,
                       and
                       before
                       the
                       Sitting
                       thereof
                       ,
                       ten
                       of
                       the
                       Lords
                       ,
                       and
                       other
                       of
                       the
                       Council
                       for
                       Forreign
                       Affairs
                       ,
                       being
                       assembled
                       ,
                       His
                       Majesty
                       then
                       present
                       ,
                       an
                       Honourable
                       Person
                       related
                       the
                       Covenanters
                       Demands
                       ;
                       it
                       was
                       then
                       Voted
                       by
                       all
                       ,
                       That
                       they
                       were
                       such
                       as
                       might
                       not
                       in
                       Honour
                       and
                       Safety
                       be
                       condescended
                       unto
                       by
                       His
                       Majesty
                       ;
                       and
                       if
                       they
                       could
                       not
                       be
                       otherwise
                       reduced
                       ,
                       His
                       Majesty
                       must
                       be
                       constrained
                       to
                       bring
                       them
                       to
                       it
                       by
                       force
                       ;
                       the
                       like
                       Resolution
                       was
                       after
                       at
                       the
                       Council-Table
                       by
                       twenty
                       of
                       the
                       Council
                       :
                       Whereupon
                       His
                       Majesty
                       appointed
                       a
                       Council
                       of
                       War
                       ,
                       and
                       it
                       was
                       held
                       necessary
                       to
                       borrow
                       200000
                       l.
                       upon
                       good
                       Security
                       ,
                       till
                       the
                       Supplies
                       by
                       the
                       Parliament
                       might
                       come
                       in
                       .
                       He
                       never
                       said
                       the
                       Scotch
                       Nation
                       were
                       Rebels
                       ,
                       but
                       was
                       ever
                       perswaded
                       that
                       many
                       of
                       them
                       are
                       most
                       Loyal
                       Subjects
                       .
                    
                     
                       Those
                       that
                       raised
                       Arms
                       ,
                       when
                       they
                       were
                       at
                       such
                       distance
                       from
                       His
                       Majesty
                       ,
                       he
                       might
                       say
                       they
                       were
                       no
                       less
                       than
                       Rebels
                       and
                       Traytors
                       ;
                       by
                       Warrant
                       from
                       the
                       Lord
                       Admiral
                       ,
                       he
                       caused
                       divers
                       Ships
                       and
                       Goods
                       to
                       be
                       seized
                       ,
                       but
                       not
                       with
                       an
                       intent
                       to
                       set
                       on
                       the
                       War
                       ,
                       but
                       as
                       much
                       as
                       in
                       him
                       lay
                       to
                       bring
                       all
                       to
                       fair
                       Accommodation
                       ,
                       without
                       expence
                       of
                       blood
                       .
                    
                  
                   
                     
                       To
                       the
                       21th
                       ,
                       he
                       saith
                       ,
                       The
                       pacification
                       was
                       broken
                       before
                       he
                       came
                       over
                       ,
                       as
                       in
                       the
                       Answer
                       to
                       the
                       former
                       Article
                       he
                       moved
                       His
                       Majesty
                       for
                       a
                       Parliament
                       in
                       England
                       ,
                       but
                       not
                       with
                       such
                       intent
                       as
                       in
                       the
                       Article
                       ,
                       but
                       out
                       of
                       a
                       desire
                       to
                       have
                       setled
                       a
                       right
                       Understanding
                       between
                       the
                       King
                       and
                       His
                       people
                       .
                       It
                       may
                       be
                       ,
                       he
                       said
                       ,
                       (
                       though
                       he
                       remembreth
                       it
                       not
                       )
                       that
                       if
                       the
                       Parliament
                       would
                       not
                       Supply
                       His
                       Majesty
                       ,
                       he
                       would
                       serve
                       His
                       Majesty
                       in
                       any
                       other
                       lawful
                       way
                       ;
                       being
                       well
                       assured
                       that
                       His
                       Majesty
                       would
                       not
                       imploy
                       him
                       ,
                       nor
                       any
                       man
                       else
                       ,
                       in
                       any
                       other
                       kind
                       .
                    
                  
                   
                     
                       To
                       the
                       22th
                       ,
                       he
                       saith
                       ,
                       According
                       to
                       His
                       Majesties
                       Instructions
                       ,
                       he
                       did
                       set
                       forth
                       to
                       the
                       Parliament
                       of
                       Ireland
                       ,
                       the
                       State
                       of
                       the
                       Affairs
                       as
                       they
                       then
                       stood
                       ,
                       and
                       they
                       freely
                       gave
                       four
                       Subsidies
                       ,
                       as
                       an
                       acknowledgment
                       of
                       His
                       Goodness
                       and
                       happy
                       Government
                       ,
                       as
                       by
                       the
                       Act
                       and
                       Remonstrance
                       appears
                       in
                       Print
                       ;
                       He
                       ,
                       by
                       His
                       Majesties
                       Direction
                       ,
                       then
                       gave
                       Order
                       for
                       the
                       raising
                       of
                       8000
                       men
                       ,
                       who
                       still
                       remain
                       in
                       the
                       King's
                       pay
                       ,
                       and
                       were
                       sent
                       into
                       Ulster
                       to
                       secure
                       those
                       Parts
                       ,
                       or
                       to
                       land
                       in
                       Scotland
                       ,
                       to
                       divert
                       the
                       Earl
                       of
                       Argile
                       ,
                       in
                       case
                       he
                       joined
                       with
                       the
                       Covenanters
                       Army
                       against
                       the
                       King
                       ;
                       but
                       it
                       was
                       mentioned
                       in
                       the
                       King's
                       Letter
                       ,
                       2.
                       
                       Mertii
                       ,
                       1639.
                       he
                       had
                       purposely
                       
                       given
                       out
                       ,
                       That
                       they
                       should
                       join
                       with
                       the
                       King's
                       Army
                       at
                       Berwick
                       ,
                       to
                       colour
                       other
                       Designs
                       ;
                       but
                       the
                       true
                       cause
                       of
                       their
                       Levying
                       was
                       made
                       known
                       to
                       be
                       as
                       aforesaid
                       unto
                       the
                       Earl
                       of
                       Ormond
                       ,
                       Sir
                       
                         Iohn
                         Burlace
                      
                       ,
                       and
                       the
                       Marquiss
                       of
                       Hamilton
                       ,
                       and
                       Earl
                       of
                       Northumberland
                       ,
                       at
                       the
                       time
                       of
                       the
                       writing
                       the
                       Letter
                       ,
                       and
                       he
                       denies
                       the
                       words
                       charged
                       in
                       the
                       Articles
                       ,
                       or
                       any
                       other
                       words
                       to
                       such
                       intent
                       and
                       purpose
                       .
                    
                  
                   
                     
                       To
                       the
                       23th
                       ,
                       he
                       saith
                       ,
                       The
                       matters
                       of
                       the
                       Parliament
                       were
                       no
                       otherwise
                       referred
                       to
                       him
                       ,
                       than
                       to
                       the
                       rest
                       of
                       the
                       Council
                       ,
                       that
                       coming
                       sick
                       from
                       Ireland
                       about
                       ten
                       days
                       after
                       the
                       Parliament
                       were
                       set
                       ,
                       and
                       after
                       the
                       Treaty
                       with
                       the
                       Earl
                       of
                       Dunfermline
                       ,
                       Lord
                       
                         Lowdon
                         ,
                         Scotch
                      
                       Commissioners
                       ,
                       was
                       broken
                       off
                       ,
                       and
                       the
                       Army
                       preparing
                       ,
                       and
                       the
                       Parliament
                       not
                       supplying
                       Monies
                       as
                       His
                       Majesty
                       desired
                       ;
                       His
                       Majesty
                       advised
                       what
                       might
                       move
                       them
                       to
                       prefer
                       His
                       Supply
                       ;
                       in
                       debate
                       whereof
                       ,
                       he
                       humbly
                       advised
                       His
                       Majesty
                       ,
                       by
                       a
                       Message
                       to
                       the
                       House
                       ,
                       to
                       lay
                       down
                       Ship-Money
                       ,
                       and
                       promise
                       never
                       to
                       demand
                       it
                       ,
                       and
                       give
                       way
                       to
                       reverse
                       the
                       Judgment
                       by
                       a
                       Writ
                       of
                       Error
                       in
                       Parliament
                       ,
                       and
                       to
                       promise
                       a
                       Redress
                       of
                       Grievances
                       when
                       they
                       should
                       be
                       prepared
                       .
                       And
                       secondly
                       ,
                       That
                       they
                       would
                       presently
                       agree
                       upon
                       such
                       Supply
                       as
                       should
                       maintain
                       His
                       Army
                       ,
                       for
                       reducing
                       the
                       Scots
                       to
                       their
                       Obedience
                       ,
                       wherein
                       their
                       Safety
                       and
                       His
                       Honour
                       was
                       concerned
                       :
                       His
                       Majesty
                       assented
                       conditionally
                       ,
                       that
                       he
                       might
                       have
                       12
                       Subsidies
                       ;
                       the
                       Earl
                       besought
                       Him
                       that
                       it
                       might
                       not
                       pass
                       as
                       a
                       Condition
                       ,
                       but
                       to
                       Relinquish
                       Ship-Money
                       ,
                       and
                       put
                       himself
                       upon
                       their
                       Affections
                       ,
                       and
                       drew
                       up
                       the
                       Message
                       in
                       Writing
                       ,
                       and
                       delivered
                       it
                       to
                       Mr.
                       Secretary
                       Vane
                       to
                       deliver
                       to
                       the
                       House
                       of
                       Commons
                       :
                       He
                       desired
                       to
                       know
                       if
                       His
                       Majesty
                       would
                       not
                       take
                       less
                       than
                       12
                       ,
                       His
                       Majesty
                       Answered
                       ,
                       He
                       feared
                       less
                       would
                       not
                       serve
                       His
                       Occasions
                       ;
                       The
                       Earl
                       of
                       Strafford
                       besought
                       His
                       Majesty
                       to
                       accept
                       of
                       Eight
                       ,
                       so
                       His
                       Majesty
                       assented
                       ,
                       and
                       desired
                       Mr.
                       Secretary
                       to
                       signifie
                       so
                       much
                       ,
                       as
                       occasion
                       should
                       be
                       offered
                       ;
                       but
                       whether
                       he
                       did
                       so
                       or
                       not
                       the
                       said
                       Earl
                       knoweth
                       not
                       .
                       The
                       House
                       of
                       Commons
                       being
                       in
                       debate
                       two
                       days
                       ,
                       and
                       not
                       Resolving
                       .
                       His
                       Majesty
                       about
                       the
                       5th
                       of
                       May
                       last
                       called
                       a
                       Council
                       at
                       Seven
                       of
                       the
                       Clock
                       in
                       the
                       Morning
                       ,
                       the
                       said
                       Earl
                       being
                       sick
                       ,
                       came
                       late
                       ,
                       and
                       was
                       told
                       ,
                       (
                       as
                       he
                       remembreth
                       )
                       by
                       the
                       Earl
                       of
                       Bark-shire
                       ,
                       the
                       King
                       had
                       declared
                       His
                       Resolution
                       to
                       Dissolve
                       the
                       Parliament
                       ;
                       the
                       Earl
                       of
                       Strafford
                       besought
                       His
                       Majesty
                       to
                       hear
                       the
                       Advice
                       of
                       His
                       Council
                       ,
                       and
                       first
                       of
                       those
                       that
                       were
                       Members
                       of
                       the
                       House
                       of
                       Commons
                       ,
                       by
                       whom
                       the
                       rest
                       might
                       the
                       better
                       be
                       guided
                       :
                       Mr.
                       Secretary
                       Windebank
                       said
                       ,
                       He
                       feared
                       the
                       House
                       would
                       first
                       be
                       Answered
                       of
                       their
                       Grievances
                       ,
                       and
                       Voted
                       for
                       a
                       Breach
                       of
                       the
                       Parliament
                       .
                       Mr.
                       Secretary
                       Vane
                       ,
                       in
                       opposite
                       terms
                       ,
                       said
                       ,
                       That
                       there
                       was
                       no
                       hope
                       that
                       they
                       would
                       give
                       the
                       King
                       a
                       Penny
                       ,
                       and
                       therefore
                       absolutely
                       Voted
                       for
                       a
                       Breach
                       .
                       And
                       the
                       Earl
                       of
                       Strafford
                       conceiving
                       His
                       Majesties
                       Pleasure
                       to
                       have
                       accepted
                       Eight
                       Subsidies
                       ,
                       had
                       been
                       delivered
                       to
                       the
                       House
                       of
                       Commons
                       by
                       Mr.
                       Secretary
                       Vane
                       ,
                       did
                       ,
                       in
                       His
                       Majesties
                       turn
                       ,
                       deliver
                       his
                       Vote
                       for
                       Breach
                       of
                       the
                       Parliament
                       ,
                       which
                       otherwise
                       he
                       would
                       not
                       have
                       done
                       ;
                       it
                       being
                       contrary
                       to
                       what
                       he
                       Resolved
                       when
                       he
                       came
                       thither
                       ,
                       and
                       like
                       Opinion
                       was
                       delivered
                       by
                       the
                       rest
                       of
                       the
                       Lords
                       ,
                       being
                       about
                       twenty
                       ,
                       except
                       two
                       or
                       three
                       at
                       the
                       most
                       .
                       The
                       Parliament
                       being
                       Dissolved
                       ,
                       His
                       Majesty
                       desired
                       Advice
                       of
                       His
                       Council
                       ,
                       How
                       money
                       might
                       be
                       raised
                       ,
                       affirming
                       ,
                       That
                       the
                       Scotch
                       Army
                       was
                       ready
                       to
                       enter
                       into
                       the
                       Kingdom
                       ;
                       The
                       said
                       Earl
                       ,
                       in
                       presence
                       of
                       others
                       in
                       the
                       Council
                       ,
                       delivered
                       his
                       Opinion
                       ,
                       That
                       in
                       a
                       Case
                       of
                       absolute
                       and
                       unavoidable
                       necessity
                       ,
                       which
                       neither
                       would
                       nor
                       could
                       be
                       prevented
                       by
                       ordinary
                       remedies
                       ,
                       provided
                       by
                       the
                       Laws
                       ,
                       nor
                       all
                       His
                       Majesties
                       other
                       means
                       sufficient
                       to
                       defend
                       the
                       Common
                       wealth
                       Himself
                       ,
                       or
                       their
                       Lives
                       and
                       Estates
                       from
                       an
                       Enemy
                       ,
                       without
                       
                       force
                       of
                       Arms
                       ,
                       either
                       actually
                       entred
                       ,
                       or
                       daily
                       expected
                       to
                       Invade
                       the
                       Realm
                       ;
                       He
                       conceived
                       that
                       His
                       Majesty
                       was
                       absolved
                       from
                       ordinary
                       Rules
                       ,
                       and
                       might
                       use
                       (
                       in
                       as
                       moderate
                       a
                       way
                       the
                       necessity
                       of
                       the
                       Cause
                       would
                       permit
                       )
                       all
                       ways
                       and
                       means
                       for
                       defence
                       of
                       Himself
                       and
                       Kingdom
                       ,
                       for
                       that
                       he
                       conceived
                       in
                       such
                       extremity
                       ,
                       
                         Salus
                         Populi
                      
                       was
                       
                         Suprema
                         Lex
                      
                       ,
                       provided
                       it
                       were
                       not
                       colourable
                       ,
                       nor
                       any
                       thing
                       demanded
                       imployed
                       to
                       other
                       use
                       ,
                       nor
                       drawn
                       into
                       Example
                       ,
                       when
                       Law
                       and
                       Justice
                       might
                       take
                       place
                       ;
                       and
                       that
                       when
                       Peace
                       was
                       setled
                       ,
                       Reparation
                       was
                       to
                       be
                       given
                       to
                       particular
                       men
                       ,
                       otherwise
                       it
                       would
                       be
                       unjust
                       .
                       This
                       was
                       not
                       officiously
                       declared
                       but
                       in
                       Council
                       ,
                       forced
                       by
                       the
                       duty
                       of
                       the
                       Oath
                       of
                       a
                       Counsellor
                       ,
                       which
                       is
                       ,
                       that
                       he
                       shall
                       in
                       all
                       things
                       to
                       be
                       moved
                       ,
                       treated
                       and
                       debated
                       in
                       Council
                       ,
                       faithfully
                       and
                       truly
                       declare
                       his
                       Mind
                       and
                       Opinion
                       according
                       to
                       his
                       Heart
                       and
                       Conscience
                       ;
                       which
                       Oath
                       the
                       said
                       Earl
                       took
                       ,
                       and
                       humbly
                       prays
                       their
                       Lordships
                       Consideration
                       thereof
                       ;
                       He
                       denieth
                       the
                       words
                       in
                       the
                       Article
                       ,
                       or
                       any
                       words
                       to
                       the
                       intent
                       thereby
                       expressed
                       .
                    
                  
                   
                     
                       To
                       the
                       24th
                       ,
                       he
                       saith
                       ,
                       He
                       delivered
                       his
                       Opinion
                       with
                       such
                       Cautions
                       and
                       Restrictions
                       ,
                       as
                       in
                       the
                       Answer
                       to
                       the
                       Precedent
                       Article
                       ,
                       and
                       is
                       well
                       assured
                       his
                       Discourse
                       at
                       all
                       times
                       hath
                       been
                       without
                       ill
                       Intentions
                       to
                       either
                       of
                       the
                       Houses
                       of
                       Parliament
                       ,
                       which
                       he
                       ever
                       did
                       ,
                       and
                       shall
                       think
                       and
                       speak
                       of
                       with
                       all
                       Reverence
                       .
                       He
                       denies
                       that
                       he
                       knew
                       of
                       the
                       Publishing
                       or
                       Printing
                       of
                       the
                       Book
                       ,
                       nor
                       who
                       caused
                       it
                       to
                       be
                       Printed
                       or
                       Published
                       ,
                       for
                       at
                       that
                       time
                       he
                       was
                       sick
                       in
                       his
                       Bed
                       ,
                       more
                       like
                       to
                       die
                       than
                       to
                       live
                       .
                    
                  
                   
                     
                       To
                       the
                       25th
                       ,
                       he
                       saith
                       ,
                       Ship-Money
                       was
                       levied
                       ,
                       and
                       adjudged
                       to
                       be
                       due
                       ,
                       before
                       his
                       coming
                       over
                       .
                       Sheriffs
                       were
                       then
                       called
                       up
                       as
                       before
                       ,
                       and
                       not
                       otherwise
                       .
                       If
                       any
                       were
                       sued
                       in
                       Star-Chamber
                       ,
                       it
                       was
                       without
                       any
                       particular
                       indeavour
                       of
                       his
                       :
                       It
                       appearing
                       at
                       the
                       Board
                       ,
                       That
                       the
                       Mayor
                       and
                       Sheriffs
                       of
                       London
                       had
                       been
                       slow
                       in
                       Collecting
                       Ship-Money
                       ,
                       he
                       said
                       ,
                       They
                       were
                       but
                       Ministerial
                       ,
                       and
                       ought
                       to
                       Exact
                       ,
                       and
                       not
                       dispute
                       the
                       King's
                       Writs
                       ,
                       and
                       that
                       if
                       through
                       their
                       remisness
                       the
                       King
                       should
                       be
                       less
                       able
                       to
                       provide
                       for
                       the
                       Publick
                       Safety
                       ,
                       when
                       any
                       Forreign
                       Army
                       was
                       ready
                       to
                       enter
                       the
                       Kingdom
                       ,
                       they
                       might
                       deserve
                       to
                       be
                       Fined
                       and
                       Ransomed
                       ;
                       which
                       he
                       spake
                       more
                       to
                       hasten
                       them
                       ,
                       than
                       of
                       purpose
                       to
                       advise
                       any
                       such
                       Prosecution
                       ;
                       but
                       denies
                       the
                       other
                       words
                       ,
                       being
                       ,
                       under
                       favour
                       ,
                       such
                       Expressions
                       as
                       he
                       is
                       not
                       accustomed
                       unto
                       .
                    
                  
                   
                     
                       To
                       the
                       26th
                       ,
                       he
                       saith
                       ,
                       He
                       advised
                       not
                       either
                       of
                       those
                       Projects
                       (
                       being
                       then
                       sick
                       in
                       Bed
                       )
                       but
                       it
                       being
                       debated
                       at
                       the
                       Council-Table
                       ,
                       Whether
                       it
                       were
                       better
                       for
                       the
                       King
                       to
                       raise
                       Gold
                       and
                       Silver
                       ,
                       or
                       Coin
                       base
                       Money
                       ?
                       He
                       (
                       for
                       the
                       Reasons
                       then
                       given
                       )
                       delivered
                       his
                       Opinion
                       for
                       the
                       latter
                       .
                       Sundry
                       Merchants
                       Adventurers
                       coming
                       to
                       his
                       house
                       ,
                       desired
                       him
                       to
                       move
                       His
                       Majesty
                       ,
                       then
                       at
                       Oatlands
                       ,
                       to
                       Release
                       the
                       Bullion
                       ,
                       or
                       Money
                       ,
                       he
                       told
                       them
                       ,
                       He
                       knew
                       of
                       no
                       such
                       thing
                       ,
                       and
                       would
                       not
                       meddle
                       with
                       it
                       ;
                       nor
                       would
                       his
                       Health
                       permit
                       him
                       to
                       go
                       abroad
                       ,
                       and
                       said
                       ,
                       That
                       if
                       their
                       denying
                       the
                       King
                       in
                       such
                       a
                       Publick
                       Danger
                       ,
                       the
                       Loan
                       of
                       100000
                       l.
                       upon
                       good
                       Security
                       ,
                       the
                       King
                       were
                       constrained
                       ,
                       for
                       the
                       Preservation
                       of
                       the
                       Land
                       ,
                       to
                       stay
                       the
                       Bullion
                       ,
                       they
                       might
                       thank
                       themselves
                       ;
                       and
                       the
                       City
                       receiving
                       so
                       great
                       a
                       benefit
                       by
                       Residing
                       amongst
                       them
                       ,
                       they
                       made
                       but
                       an
                       unthankful
                       acknowledgment
                       in
                       such
                       a
                       Straight
                       ,
                       to
                       refuse
                       the
                       Loan
                       of
                       that
                       Sum.
                       The
                       Officers
                       of
                       the
                       Mint
                       came
                       to
                       the
                       Council-Board
                       ,
                       and
                       the
                       Earl
                       then
                       shewed
                       a
                       Letter
                       ,
                       he
                       received
                       from
                       the
                       Earl
                       of
                       Leicester
                       ,
                       wherein
                       was
                       related
                       ,
                       That
                       the
                       Cardinal
                       had
                       appointed
                       Commissioners
                       to
                       go
                       into
                       the
                       Merchants
                       houses
                       at
                       Paris
                       ,
                       to
                       peruse
                       their
                       Shop
                       Books
                       and
                       Accompts
                       ,
                       and
                       to
                       Cess
                       every
                       man
                       ,
                       according
                       to
                       his
                       Ability
                       ,
                       towards
                       the
                       payment
                       of
                       the
                       King's
                       Army
                       ,
                       and
                       then
                       said
                       ,
                       That
                       it
                       was
                       but
                       just
                       for
                       Us
                       here
                       in
                       England
                       ,
                       to
                       bless
                       God
                       for
                       being
                       under
                       a
                       
                       King
                       which
                       could
                       not
                       think
                       upon
                       such
                       a
                       Pressing
                       upon
                       the
                       People
                       .
                       But
                       the
                       words
                       in
                       the
                       Article
                       ,
                       or
                       words
                       to
                       any
                       such
                       intent
                       ,
                       he
                       did
                       not
                       speak
                       ,
                       and
                       cannot
                       sufficiently
                       bemoan
                       himself
                       to
                       have
                       been
                       in
                       all
                       his
                       words
                       so
                       ill
                       understood
                       ,
                       or
                       so
                       untruly
                       Reported
                       as
                       he
                       hath
                       been
                       .
                    
                  
                   
                     
                       To
                       the
                       27th
                       ,
                       he
                       saith
                       ,
                       He
                       perswaded
                       the
                       Gentry
                       of
                       that
                       Country
                       ,
                       to
                       allow
                       the
                       Trained-Band
                       a
                       months
                       Pay
                       ,
                       which
                       they
                       yielded
                       ,
                       and
                       His
                       Majesty
                       graciously
                       accepted
                       .
                       It
                       was
                       by
                       Council
                       of
                       War
                       (
                       His
                       Majesty
                       being
                       present
                       )
                       thought
                       fit
                       the
                       Trained-Bands
                       should
                       return
                       ,
                       save
                       the
                       two
                       Regiments
                       under
                       the
                       Command
                       of
                       Sir
                       
                         William
                         Pennyman
                      
                       and
                       Sir
                       
                         Thomas
                         Danby
                      
                       .
                       It
                       was
                       assented
                       unto
                       by
                       His
                       Majesty
                       ,
                       and
                       the
                       great
                       Council
                       of
                       the
                       Peers
                       then
                       Assembled
                       ,
                       That
                       those
                       spared
                       should
                       Contribute
                       ,
                       and
                       the
                       said
                       Earl
                       was
                       Commanded
                       by
                       them
                       to
                       see
                       it
                       done
                       ;
                       which
                       was
                       done
                       accordingly
                       by
                       Warrants
                       from
                       him
                       and
                       from
                       his
                       Deputy-Lieutenants
                       ,
                       which
                       was
                       much
                       less
                       Charge
                       to
                       the
                       Countries
                       than
                       otherwise
                       ,
                       and
                       denies
                       the
                       other
                       particular
                       in
                       the
                       Article
                       mentioned
                       .
                    
                  
                   
                     
                       To
                       the
                       28th
                       ,
                       he
                       saith
                       ,
                       He
                       was
                       Lieutenant-General
                       to
                       the
                       Earl
                       of
                       Northumberland
                       ,
                       about
                       the
                       24th
                       of
                       August
                       ,
                       of
                       10
                       or
                       12000
                       Foot
                       and
                       2000
                       Horse
                       ,
                       being
                       at
                       New-Castle
                       under
                       the
                       Command
                       of
                       the
                       Lord
                       Conway
                       and
                       Sir
                       
                         Iacob
                         Ashley
                      
                       ,
                       and
                       the
                       rest
                       of
                       the
                       Army
                       at
                       York
                       ;
                       the
                       said
                       Earl
                       went
                       from
                       London
                       ,
                       and
                       the
                       26th
                       of
                       August
                       ,
                       notwithstanding
                       his
                       extream
                       weakness
                       ,
                       and
                       came
                       to
                       York
                       ,
                       and
                       having
                       received
                       a
                       Letter
                       from
                       Sir
                       
                         Iacob
                         Ashley
                      
                       ,
                       that
                       New-Castle
                       was
                       Fortified
                       ,
                       and
                       that
                       they
                       must
                       be
                       Infamous
                       Beasts
                       to
                       lose
                       it
                       ,
                       and
                       that
                       it
                       was
                       fully
                       Secured
                       ;
                       and
                       being
                       acquainted
                       with
                       several
                       Dispatches
                       sent
                       by
                       Mr.
                       Secretary
                       Vane
                       ,
                       by
                       His
                       Majesties
                       Directions
                       ,
                       to
                       the
                       Lord
                       Conway
                       ,
                       General
                       of
                       the
                       Horse
                       ,
                       to
                       oppose
                       the
                       Passage
                       of
                       the
                       Scots
                       over
                       the
                       River
                       of
                       Tyne
                       ,
                       the
                       one
                       dated
                       22.
                       
                       Augusti
                       ,
                       the
                       other
                       23.
                       
                       Augusti
                       ,
                       another
                       24.
                       
                       Augusti
                       ,
                       another
                       26.
                       
                       Augusti
                       ,
                       the
                       substance
                       of
                       which
                       Letters
                       are
                       particularly
                       mentioned
                       in
                       the
                       Answer
                       to
                       this
                       Article
                       ,
                       and
                       to
                       the
                       same
                       Letters
                       the
                       said
                       Earl
                       referreth
                       himself
                       .
                    
                     
                       The
                       said
                       Earl
                       ,
                       upon
                       sight
                       of
                       this
                       and
                       Sir
                       Iacob
                       Ashley's
                       Letter
                       ,
                       had
                       reason
                       to
                       believe
                       ,
                       that
                       all
                       fitting
                       preparation
                       was
                       made
                       ,
                       and
                       then
                       understanding
                       that
                       if
                       the
                       Scotish
                       Army
                       should
                       pass
                       the
                       River
                       ,
                       not
                       only
                       New-Castle
                       altogether
                       Unfortified
                       on
                       the
                       South
                       part
                       ,
                       would
                       be
                       lost
                       ,
                       but
                       the
                       said
                       Army
                       of
                       11000
                       Foot
                       and
                       2000
                       Horse
                       endangered
                       ;
                       and
                       hearing
                       that
                       the
                       Scotish
                       Army
                       were
                       distresied
                       for
                       want
                       of
                       Victuals
                       ,
                       and
                       knowing
                       the
                       advantage
                       that
                       was
                       in
                       opposing
                       the
                       Passage
                       of
                       such
                       a
                       River
                       .
                       Hereupon
                       the
                       said
                       Earl
                       ,
                       by
                       a
                       Letter
                       dated
                       the
                       27th
                       of
                       August
                       ,
                       advised
                       the
                       Lord
                       Conway
                       with
                       all
                       the
                       Horse
                       ,
                       and
                       at
                       least
                       8000
                       Foot
                       ,
                       and
                       all
                       the
                       Cannon
                       ,
                       to
                       March
                       and
                       Fight
                       with
                       them
                       ;
                       upon
                       the
                       passage
                       of
                       the
                       River
                       ,
                       at
                       which
                       time
                       the
                       said
                       Earl
                       had
                       no
                       Charge
                       of
                       the
                       Army
                       ;
                       but
                       the
                       truth
                       is
                       ,
                       the
                       Lord
                       Conway
                       having
                       not
                       with
                       him
                       all
                       the
                       Horse
                       ,
                       and
                       not
                       above
                       1500
                       Foot
                       ,
                       and
                       only
                       some
                       part
                       of
                       the
                       Cannon
                       was
                       in
                       a
                       posture
                       to
                       fight
                       ,
                       for
                       the
                       passage
                       before
                       the
                       said
                       Letter
                       of
                       advice
                       came
                       ,
                       which
                       he
                       received
                       not
                       half
                       an
                       hour
                       before
                       the
                       Fight
                       began
                       ,
                       and
                       proceeded
                       according
                       to
                       his
                       own
                       judgment
                       ,
                       and
                       His
                       Majesties
                       said
                       general
                       Direction
                       ;
                       and
                       afterwards
                       ,
                       that
                       is
                       about
                       the
                       30th
                       of
                       August
                       ,
                       and
                       not
                       before
                       ,
                       the
                       said
                       Earl
                       took
                       upon
                       him
                       the
                       Charge
                       of
                       the
                       Army
                       at
                       Darlington
                       ,
                       and
                       brought
                       it
                       to
                       York
                       to
                       be
                       supplied
                       with
                       Necessaries
                       that
                       they
                       wanted
                       ,
                       and
                       purposed
                       to
                       have
                       staid
                       where
                       they
                       were
                       quartered
                       .
                       But
                       hearing
                       from
                       many
                       hands
                       that
                       there
                       was
                       a
                       purpose
                       to
                       question
                       him
                       in
                       Parliament
                       ,
                       and
                       His
                       Majesty
                       having
                       given
                       him
                       Liberty
                       of
                       staying
                       there
                       ,
                       or
                       coming
                       away
                       ,
                       he
                       left
                       the
                       Charge
                       of
                       the
                       Army
                       with
                       the
                       Lord
                       Conway
                       ,
                       and
                       other
                       Officers
                       ,
                       as
                       His
                       Majesty
                       had
                       directed
                       ,
                       and
                       came
                       to
                       London
                       on
                       Monday
                       the
                       9th
                       ,
                       and
                       the
                       11th
                       of
                       November
                       was
                       put
                       
                       under
                       Restraint
                       ,
                       and
                       so
                       hath
                       ever
                       since
                       remained
                       .
                       And
                       saith
                       ,
                       That
                       the
                       Town
                       of
                       New-Castle
                       was
                       no
                       way
                       under
                       his
                       Care
                       ;
                       and
                       as
                       to
                       other
                       matters
                       whereto
                       by
                       Law
                       he
                       ought
                       to
                       answer
                       ,
                       and
                       hath
                       not
                       answered
                       ,
                       he
                       saith
                       ,
                       He
                       is
                       not
                       Guilty
                       of
                       them
                       ,
                       or
                       any
                       of
                       them
                       ,
                       in
                       such
                       manner
                       and
                       form
                       ,
                       as
                       in
                       the
                       said
                       Article
                       is
                       expressed
                       ,
                       and
                       humbly
                       prayeth
                       a
                       convenient
                       time
                       for
                       making
                       his
                       Proofs
                       ,
                       and
                       to
                       justifie
                       and
                       maintain
                       his
                       Actions
                       in
                       Ireland
                       ,
                       by
                       sight
                       of
                       His
                       Majesties
                       Warrants
                       ,
                       Records
                       ,
                       and
                       Witnesses
                       in
                       that
                       Kingdom
                       ,
                       and
                       that
                       if
                       any
                       mistake
                       be
                       in
                       this
                       Answer
                       ,
                       it
                       may
                       be
                       amended
                       .
                    
                     
                       And
                       this
                       the
                       said
                       Earl
                       hopeth
                       ,
                       that
                       upon
                       equal
                       Construction
                       of
                       his
                       Words
                       and
                       Actions
                       ,
                       he
                       shall
                       appear
                       free
                       from
                       any
                       great
                       and
                       hainous
                       Offences
                       wherewith
                       he
                       is
                       Charged
                       ;
                       and
                       howsoever
                       it
                       shall
                       please
                       God
                       to
                       dispose
                       of
                       him
                       ,
                       he
                       shall
                       ever
                       pray
                       ,
                       that
                       by
                       their
                       Lordships
                       great
                       Wisdoms
                       and
                       Prudence
                       ,
                       the
                       Affections
                       of
                       His
                       Majesty
                       ,
                       and
                       Duty
                       of
                       His
                       Subjects
                       ,
                       may
                       this
                       Parliament
                       be
                       so
                       surely
                       knit
                       together
                       ,
                       as
                       may
                       by
                       God's
                       blessing
                       lastingly
                       tend
                       to
                       the
                       Prosperity
                       and
                       Flourishing
                       Estate
                       both
                       of
                       King
                       and
                       People
                       .
                    
                  
                
              
            
          
        
         
           
             Friday
             ,
             February
             26th
             ,
             1640.
             
          
           
             Ordered
             ,
             That
             the
             same
             Committee
             that
             was
             formerly
             appointed
             to
             draw
             up
             the
             Charge
             against
             the
             Earl
             of
             Strafford
             ,
             with
             the
             Addition
             of
             
             Mr.
             Palmer
             ,
             Mr.
             Selden
             ,
             Mr.
             Whitlock
             ,
             and
             Mr.
             Maynard
             ,
             do
             consider
             of
             the
             Articles
             and
             further
             Impeachmment
             of
             Thomas
             Earl
             of
             Strafford
             by
             the
             Commons
             ;
             and
             likewise
             the
             said
             Earl's
             Answer
             to
             those
             Articles
             and
             further
             Impeachment
             .
             And
             they
             are
             likewise
             to
             consider
             of
             the
             Proofs
             ,
             and
             how
             the
             Witnesses
             may
             conveniently
             be
             brought
             together
             ,
             to
             give
             their
             Testimony
             
               Viva
               Voce
            
             in
             the
             business
             ;
             and
             they
             are
             to
             proceed
             in
             the
             secretest
             and
             speediest
             way
             they
             can
             ,
             for
             the
             advantage
             of
             the
             business
             ,
             in
             preparing
             it
             for
             a
             Trial
             and
             further
             Proceedings
             ;
             and
             they
             have
             Power
             to
             send
             for
             Persons
             ,
             Witnesses
             ,
             Papers
             ,
             Records
             ,
             or
             any
             thing
             else
             ,
             that
             they
             in
             their
             Judgments
             shall
             conceive
             fit
             ,
             or
             may
             conduce
             to
             the
             Service
             ;
             and
             they
             are
             to
             meet
             this
             Afternoon
             at
             Two
             of
             the
             Clock
             in
             the
             Treasury
             Chamber
             .
          
           
             The
             four
             Lawyers
             that
             were
             added
             to
             the
             Earl
             of
             
             Strafford's
             Committee
             ,
             made
             their
             Protestation
             of
             Secrecy
             openly
             in
             the
             House
             .
          
           
             Sir
             
               George
               Wentworth
            
             ,
             upon
             his
             Protestation
             made
             to
             the
             House
             to
             keep
             secret
             all
             such
             Matters
             as
             passed
             this
             day
             ,
             had
             leave
             to
             resort
             to
             his
             Brother
             the
             Earl
             of
             Strafford
             ,
             but
             all
             the
             other
             Members
             of
             this
             House
             are
             restrained
             from
             resorting
             unto
             him
             ,
             without
             leave
             first
             obtained
             .
          
        
         
           
             Saturday
             ,
             February
             27th
             ,
             1640.
             
          
           
             Mr.
             Whitlock
             Reports
             from
             the
             Committee
             for
             the
             Earl
             of
             Strafford
             .
             The
             House
             does
             declare
             ,
             That
             they
             are
             well
             satisfied
             ,
             that
             the
             Evidence
             
             to
             be
             produced
             against
             Thomas
             Earl
             of
             Strafford
             at
             his
             Trial
             be
             managed
             by
             those
             Members
             .
          
        
         
           
             Friday
             ,
             March
             5th
             ,
             1640.
             
          
           
             Upon
             Mr.
             
             Whitlock's
             Report
             from
             the
             Earl
             of
             
             Strafford's
             Committee
             ,
             It
             was
             Resolved
             upon
             the
             Question
             ,
             That
             there
             shall
             be
             no
             Replication
             put
             
             〈◊〉
             the
             〈◊〉
             of
             〈◊〉
             〈◊〉
             in
             〈◊〉
             but
             that
             the
             further
             Proceedings
             shall
             be
             〈◊〉
             〈◊〉
             〈◊〉
             as
             is
             now
             〈◊〉
             by
             the
             Committee
             .
          
           
           
             Mr.
             Whitlock
             is
             to
             go
             up
             to
             the
             Lords
             with
             this
             Message
             ,
             viz.
             
          
           
             That
             the
             House
             of
             Commons
             have
             considered
             of
             the
             Earl
             of
             
             Strafford's
             Answer
             ,
             and
             do
             aver
             their
             Charge
             of
             High
             Treason
             against
             him
             ,
             and
             that
             he
             is
             Guilty
             in
             such
             manner
             and
             form
             as
             he
             stands
             Accused
             and
             Impeached
             ,
             and
             that
             this
             House
             will
             be
             ready
             to
             prove
             their
             Charge
             against
             him
             ,
             at
             such
             convenient
             time
             as
             their
             Lordships
             shall
             prefix
             ,
             and
             intend
             to
             manage
             the
             Evidence
             by
             Members
             of
             their
             own
             ,
             and
             desire
             a
             free
             Conference
             with
             their
             Lordships
             ,
             by
             Select
             Committees
             of
             both
             Houses
             ,
             to
             consider
             of
             some
             Propositions
             and
             Circumstances
             concerning
             the
             Trial.
             
          
           
             Mr.
             Whitlock
             brings
             Answer
             from
             the
             Lords
             ,
             That
             their
             Lordships
             have
             taken
             the
             Message
             from
             this
             House
             into
             Consideration
             ,
             and
             will
             give
             a
             meeting
             ,
             for
             a
             free
             Conference
             ,
             by
             a
             Committee
             of
             24
             on
             Monday
             Morning
             at
             Nine
             of
             the
             Clock
             .
          
           
             
               The
               Committee
               of
               the
               Commons
               .
            
             
               Mr.
               Pym
               ,
            
             
               Mr.
               Strode
               ,
            
             
               Mr.
               Solicitor
               ,
            
             
               Mr.
               Grimston
               ,
            
             
               Lord
               Digby
               ,
            
             
               Sir
               Iohn
               Clotworthy
               ,
            
             
               Sir
               Walter
               Earle
               ,
            
             
               Mr.
               Hampden
               ,
            
             
               Mr.
               Whitlocke
               ,
            
             
               Mr.
               Palmer
               ,
            
             
               Mr.
               Selden
               ,
            
             
               Mr.
               Maynard
               ,
            
             
               Mr.
               Treasurer
               ,
            
             
               Sir
               Io.
               Culpepper
               ,
            
             
               Mr.
               Reynolds
               ,
            
             
               Mr.
               Hyde
               ,
            
             
               Mr.
               Prideaux
               ,
            
             
               Mr.
               Whitlock
               ,
            
             
               Mr.
               Martin
               ,
            
             
               Mr.
               Proxholm
               ,
            
             
               Mr.
               Gray
               ,
            
             
               Lord
               Faulkland
               ,
            
             
               Mr.
               Vaughan
               ,
            
             
               Lord
               Russell
               ,
            
             
               Sir
               Iohn
               Strangwaies
               ,
            
             
               Mr.
               Bellasis
               ,
            
             
               Sir
               Guy
               Palmes
               ,
            
             
               Mr.
               Sutton
               ,
            
             
               Mr.
               Whistler
               ,
            
             
               Sir
               Symon
               D'Ewes
               ,
            
             
               Sir
               An.
               Irby
               ,
            
             
               Sir
               Martin
               Lomly
               ,
            
             
               Mr.
               Waller
               ,
            
             
               Mr.
               Coventry
               ,
            
             
               Mr.
               Upton
               ,
            
             
               Sir
               Iohn
               Eveling
               ,
            
             
               Lord
               Fairfax
               ,
            
             
               Sir
               William
               Massam
               ,
            
             
               Mr.
               Pierepoint
               ,
            
             
               Sir
               Benjamin
               Rudyard
               ,
            
             
               Sir
               Thomas
               Barrington
               ,
            
             
               Sir
               Philip
               Stapleton
               ,
            
             
               Mr.
               Capell
               ,
            
             
               Mr.
               Cary
               ,
            
             
               Sir
               Ralph
               Hopton
               ,
            
             
               Sir
               Robert
               Hatton
               ,
            
             
               Sir
               Gilbert
               Gerrard
               ,
            
             
               Mr.
               Nathaniel
               Fines
               .
            
          
           
             A
             Committee
             of
             these
             48
             are
             to
             meet
             a
             Committee
             of
             24
             of
             the
             Lords
             at
             a
             free
             Conference
             ,
             concerning
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             ,
             on
             Monday
             Morning
             next
             ,
             at
             Nine
             of
             the
             Clock
             in
             the
             Painted-Chamber
          
           
             The
             Committee
             for
             the
             Earl
             of
             Strafford
             are
             to
             manage
             this
             free
             Conference
             with
             the
             Lords
             .
          
        
         
           
             Monday
             ,
             March
             8th
             ,
             1640.
             
          
           
             Upon
             Mr.
             
             Whitlock's
             Report
             from
             the
             Committee
             for
             the
             Earl
             of
             Strafford
             ,
             the
             Heads
             of
             a
             Conference
             appointed
             to
             be
             had
             this
             day
             concerning
             the
             Trial
             of
             the
             said
             Earl.
             It
             was
             Resolved
             upon
             the
             Question
             :
          
           
           
             (
             1.
             )
             To
             Propose
             to
             the
             Lords
             ,
             That
             they
             will
             be
             pleased
             to
             take
             some
             Order
             ,
             that
             there
             may
             be
             a
             convenient
             Place
             appointed
             for
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             ,
             and
             to
             give
             such
             Directions
             as
             shall
             be
             fit
             for
             preparing
             conveniency
             of
             room
             for
             both
             Houses
             ,
             and
             for
             such
             Members
             of
             the
             House
             as
             are
             appointed
             to
             manage
             the
             Evidence
             ,
             and
             for
             Witnesses
             ,
             and
             for
             the
             Prisoner
             ;
             and
             for
             excluding
             of
             all
             such
             as
             ought
             not
             to
             be
             present
             at
             the
             Trial.
             
          
           
             (
             2.
             )
             That
             whereas
             ,
             in
             the
             last
             Message
             to
             the
             Lords
             ,
             this
             House
             did
             Intimate
             unto
             them
             ,
             That
             they
             did
             intend
             to
             manage
             the
             Evidence
             by
             Members
             of
             their
             own
             ;
             They
             are
             now
             Commanded
             to
             explain
             their
             Reason
             ,
             That
             their
             Lordships
             may
             take
             notice
             ,
             That
             We
             do
             not
             expect
             any
             Council
             shall
             be
             admitted
             the
             Earl
             of
             Strafford
             at
             the
             giving
             of
             Evidence
             at
             the
             Trial.
             
          
        
         
           
             Thursday
             ,
             March
             11th
             ,
             1640.
             
          
           
             Mr.
             Whitlock
             Reports
             from
             the
             free
             Conference
             ,
             concerning
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             ,
             That
             the
             Lord
             Privy-Seal
             began
             with
             this
             
             Introduction
             ;
             That
             this
             Parliament
             ,
             both
             Houses
             ,
             have
             had
             often
             Conferences
             ,
             and
             to
             good
             Purpose
             ,
             which
             had
             preserved
             a
             true
             Understanding
             between
             both
             Houses
             ,
             That
             at
             the
             last
             free
             Conference
             their
             Lordships
             did
             receive
             from
             this
             House
             certain
             Propositions
             ,
             concerning
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             ,
             which
             We
             our Selves
             call
             Circumstances
             .
             (
             1.
             )
             Concerning
             Place
             .
             (
             2.
             )
             Persons
             .
             (
             3.
             )
             Managing
             the
             Evidence
             .
             (
             4.
             )
             Use
             of
             Counsel
             ;
             he
             was
             pleased
             to
             remember
             the
             words
             of
             the
             Proposition
             ,
             as
             they
             were
             delivered
             unto
             them
             ,
             and
             told
             Us
             those
             were
             Circumstances
             ;
             yet
             Circumstances
             were
             Servants
             to
             Execution
             ,
             and
             might
             be
             altered
             ;
             and
             if
             they
             should
             Change
             from
             the
             House
             they
             now
             sit
             in
             into
             the
             Painted-Chamber
             ,
             or
             the
             Court
             of
             Requests
             ,
             upon
             Survey
             of
             it
             ,
             by
             skilful
             men
             ,
             they
             were
             informed
             the
             Floor
             of
             it
             is
             so
             weak
             ,
             that
             it
             might
             be
             very
             dangerous
             for
             so
             great
             a
             Resort
             to
             be
             in
             together
             at
             the
             Trial
             ,
             therefore
             left
             that
             to
             Our
             further
             Consideration
             .
             The
             Lords
             thought
             of
             this
             ,
             That
             the
             Bar
             in
             their
             House
             might
             be
             removed
             higher
             ,
             and
             the
             Room
             there
             made
             longer
             ;
             and
             that
             being
             made
             a
             Scaffold
             ,
             might
             be
             a
             Capacity
             sufficient
             to
             receive
             the
             Members
             of
             this
             House
             ;
             this
             he
             did
             only
             Propose
             ,
             and
             said
             ,
             The
             Bishops
             did
             desire
             to
             be
             absent
             at
             this
             Trial
             ,
             so
             there
             would
             be
             more
             room
             ,
             for
             the
             Earls
             would
             sit
             in
             their
             places
             .
             Next
             that
             ,
             their
             Lordships
             did
             desire
             to
             understand
             ,
             Whether
             We
             meant
             to
             be
             there
             as
             a
             House
             ,
             which
             they
             thought
             We
             did
             ,
             or
             as
             single
             Members
             of
             the
             House
             .
             (
             3.
             )
             His
             Lordship
             was
             pleased
             to
             tell
             Us
             ,
             They
             desired
             an
             Exposition
             of
             the
             words
             managing
             of
             Evidence
             :
             Whether
             We
             intended
             a
             marshalling
             and
             applying
             of
             the
             Proof
             ?
             (
             4.
             )
             That
             the
             Lords
             did
             desire
             ,
             concerning
             the
             Place
             and
             Persons
             ,
             to
             know
             how
             they
             have
             been
             admitted
             in
             former
             times
             ,
             that
             they
             might
             be
             fortified
             by
             Presidents
             for
             Place
             and
             Persons
             ,
             and
             for
             Counsel
             .
             Their
             Lordships
             are
             careful
             not
             to
             admit
             of
             more
             than
             is
             according
             to
             the
             Law
             of
             this
             Kingdom
             :
             And
             thereupon
             their
             Lordships
             have
             made
             this
             Resolution
             ,
             That
             the
             Earl
             of
             Strafford
             ,
             in
             matters
             of
             meer
             Fact
             ,
             shall
             not
             make
             use
             of
             Counsel
             ,
             but
             in
             matter
             of
             Law
             he
             shall
             ;
             and
             if
             any
             doubt
             arise
             ,
             what
             is
             matter
             of
             Law
             ,
             and
             what
             is
             matter
             of
             Fact
             ,
             the
             Lords
             do
             reserve
             the
             Judgment
             hereof
             to
             themselves
             ;
             this
             came
             by
             intimation
             of
             Ours
             ,
             that
             We
             did
             intend
             to
             manage
             the
             Evidence
             ;
             and
             at
             a
             Conference
             We
             explained
             Our Selves
             ,
             That
             We
             did
             not
             expect
             they
             would
             allow
             Him
             any
             Council
             at
             the
             giving
             of
             Evidence
             .
             After
             this
             he
             was
             pleased
             
             to
             tell
             us
             ,
             That
             he
             had
             not
             forgot
             another
             thing
             ,
             though
             he
             omitted
             it
             ,
             that
             he
             that
             delivered
             the
             Proposition
             ,
             at
             the
             Message
             ,
             used
             words
             to
             this
             purpose
             ,
             That
             this
             House
             did
             hold
             it
             necessary
             and
             fit
             ,
             that
             all
             the
             Members
             of
             the
             House
             might
             be
             present
             at
             the
             Trial
             ,
             to
             the
             end
             ,
             every
             one
             might
             satisfie
             his
             own
             Conscience
             ,
             in
             the
             giving
             of
             their
             Vote
             ,
             to
             demand
             Judgment
             .
             Upon
             this
             We
             thought
             it
             not
             fit
             to
             make
             an
             Explanation
             ,
             till
             We
             had
             acquainted
             the
             House
             with
             it
             .
          
           
             Ordered
             ,
             That
             the
             whole
             matter
             of
             the
             Report
             ,
             now
             made
             of
             the
             free
             Conference
             with
             the
             Lords
             ,
             concerning
             the
             Trial
             of
             Tho.
             Earl
             of
             Strafford
             ,
             be
             referred
             to
             the
             Committee
             for
             the
             Earl
             of
             Strafford
             ,
             to
             search
             and
             consider
             of
             Presidents
             ,
             and
             to
             prepare
             Reasons
             ,
             and
             to
             present
             them
             to
             the
             House
             to
             morrow
             morning
             ,
             and
             they
             are
             to
             meet
             this
             Afternoon
             at
             Two
             of
             the
             Clock
             in
             the
             Treasury-Chamber
             .
          
           
             A
             Message
             from
             the
             Lords
             ,
             to
             desire
             a
             free
             Conference
             by
             the
             same
             Committee
             that
             last
             met
             ,
             touching
             the
             Demands
             concerning
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             in
             the
             Painted-Chamber
             presently
             ,
             if
             it
             may
             stand
             with
             the
             conveniency
             of
             this
             House
             .
          
           
             Answer
             returned
             by
             the
             same
             Messengers
             ,
             That
             this
             House
             has
             taken
             their
             Lordships
             Message
             into
             Consideration
             ,
             and
             will
             give
             a
             meeting
             presently
             by
             the
             same
             Committee
             ,
             as
             is
             desired
             .
          
           
             The
             Committee
             ,
             for
             the
             Earl
             of
             Strafford
             ,
             are
             appointed
             to
             manage
             and
             Report
             this
             Conference
             .
          
        
         
           
             Friday
             ,
             March
             12th
             ,
             1640.
             
          
           
             Mr.
             Whitlock
             Reports
             from
             the
             Earl
             of
             
             Strafford's
             Committee
             such
             Heads
             ,
             as
             that
             Committee
             does
             present
             unto
             this
             House
             to
             be
             the
             Heads
             of
             a
             free
             Conference
             ,
             to
             be
             desired
             with
             the
             Lords
             concerning
             the
             matter
             of
             the
             last
             free
             Conference
             with
             the
             Lords
             ,
             touching
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             Upon
             this
             Report
             ,
             It
             was
             Resolved
             upon
             the
             Question
             ,
             That
             this
             shall
             be
             the
             first
             Head
             of
             the
             free
             Conference
             ,
             viz.
             1.
             
             As
             concerning
             Place
             ,
             that
             this
             House
             doth
             conceive
             ,
             that
             although
             the
             Bar
             of
             the
             Lord's
             House
             be
             removed
             ,
             and
             some
             Members
             thereof
             absent
             ;
             yet
             without
             the
             Bar
             ,
             the
             Room
             will
             not
             be
             sufficient
             to
             contain
             the
             Members
             of
             the
             House
             of
             Commons
             ,
             and
             that
             their
             Lordships
             will
             be
             pleased
             to
             direct
             some
             other
             Place
             for
             the
             Trial.
             For
             the
             Presidents
             concerning
             the
             Place
             ,
             their
             Lordships
             take
             notice
             in
             their
             Conference
             ,
             That
             the
             Parliament
             sate
             in
             the
             Chamber
             Blank
             ,
             1
             R.
             2.
             but
             the
             Parliament
             being
             Summoned
             to
             appear
             at
             the
             King's
             Palace
             at
             Westminster
             ,
             if
             one
             Room
             be
             not
             convenient
             ,
             another
             Room
             might
             be
             desired
             that
             shall
             be
             more
             convenient
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             this
             shall
             be
             the
             Second
             Head
             of
             the
             free
             Conference
             ,
             viz.
             (
             2.
             )
             That
             the
             Earl
             of
             Strafford
             ,
             being
             Impeached
             by
             the
             Commons
             ,
             it
             doth
             belong
             to
             the
             House
             of
             Commons
             to
             Resolve
             who
             are
             to
             be
             present
             at
             the
             Trial
             ,
             and
             that
             of
             Right
             they
             may
             come
             as
             a
             House
             ,
             if
             they
             please
             ,
             but
             however
             they
             are
             Resolved
             to
             send
             their
             own
             Members
             as
             a
             Committee
             of
             the
             whole
             House
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             this
             shall
             be
             the
             Third
             Head
             of
             that
             free
             Conference
             ,
             viz.
             (
             3.
             )
             That
             by
             the
             managing
             of
             the
             Evidence
             ,
             this
             House
             doth
             mean
             the
             ordering
             ,
             applying
             ,
             and
             inforcing
             the
             Evidence
             ,
             according
             to
             the
             truth
             of
             the
             Fact.
             
          
           
             Ordered
             ,
             That
             the
             Fourth
             Head
             of
             this
             Report
             now
             made
             from
             the
             Committee
             ,
             of
             the
             Earl
             of
             Strafford
             ,
             concerning
             the
             matter
             of
             Council
             ,
             
             be
             recommitted
             to
             the
             same
             Committee
             ,
             with
             the
             addition
             of
             the
             Lawyers
             of
             the
             House
             as
             was
             Yesterday
             made
             ;
             and
             they
             are
             likewise
             to
             take
             into
             Consideration
             ,
             what
             those
             Gentlemen
             have
             incurred
             that
             have
             been
             of
             Council
             with
             the
             Earl
             of
             Strafford
             ,
             he
             being
             accused
             of
             High
             Treason
             by
             this
             House
             ,
             in
             the
             Name
             of
             Themselves
             ,
             and
             of
             all
             the
             Commons
             of
             England
             ;
             and
             to
             present
             to
             this
             House
             what
             they
             think
             is
             fit
             to
             be
             done
             in
             that
             business
             ,
             and
             Mr.
             Peirepoint
             and
             Mr.
             Martin
             are
             added
             to
             this
             Committee
             as
             to
             this
             business
             ,
             and
             they
             are
             to
             meet
             this
             Afternoon
             at
             Two
             of
             the
             Clock
             in
             the
             Treasury-Chamber
             .
          
        
         
           
             Saturday
             ,
             March
             13th
             ,
             1640.
             
          
           
             Mr.
             Peirepoint
             is
             appointed
             to
             go
             to
             the
             Lords
             ,
             to
             desire
             a
             free
             Conference
             
             by
             the
             same
             Committee
             that
             was
             last
             appointed
             for
             the
             free
             Conference
             ,
             touching
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             Mr.
             Whitlock
             Reports
             from
             the
             Committee
             for
             the
             Earl
             of
             Strafford
             ,
             That
             the
             House
             had
             heard
             part
             of
             this
             Report
             the
             other
             day
             ,
             viz.
             (
             1.
             )
             The
             place
             of
             Trial.
             (
             2.
             )
             The
             Persons
             to
             be
             present
             .
             (
             3.
             )
             The
             managing
             of
             the
             Evidence
             ;
             these
             three
             passed
             their
             Vote
             Yesterday
             .
             The
             Fourth
             Head
             concerning
             Counsel
             was
             recommitted
             ,
             which
             received
             this
             Resolution
             ,
             That
             the
             Commons
             do
             acquaint
             their
             Lordships
             ,
             that
             if
             at
             any
             time
             ,
             during
             the
             Evidence
             ,
             the
             Counsel
             for
             the
             Earl
             of
             Strafford
             shall
             interpose
             ,
             when
             the
             Members
             of
             this
             House
             ,
             that
             are
             appointed
             to
             manage
             the
             Evidence
             ,
             are
             speaking
             ,
             they
             must
             of
             necessity
             desist
             ,
             because
             it
             will
             not
             become
             them
             to
             plead
             against
             Counsel
             ;
             and
             as
             concerning
             the
             allowing
             of
             Counsel
             in
             matters
             of
             Law
             ,
             and
             reserving
             to
             their
             Lordships
             to
             judge
             the
             Doubts
             ,
             what
             is
             matter
             of
             Law
             ,
             and
             what
             Fact
             ;
             the
             Commons
             do
             save
             to
             themselves
             all
             Right
             that
             doth
             appertain
             to
             them
             ,
             according
             to
             Law
             and
             course
             of
             Parliament
             ,
             and
             do
             declare
             ,
             That
             the
             Proceedings
             in
             this
             Case
             shall
             not
             be
             drawn
             into
             President
             ,
             to
             the
             prejudice
             of
             the
             Commons
             .
             For
             the
             other
             matter
             ,
             concerning
             the
             Offence
             of
             the
             Counsel
             of
             the
             Earl
             of
             Strafford
             ,
             by
             being
             of
             Counsel
             with
             him
             ,
             without
             leave
             of
             this
             House
             ;
             the
             Committee
             could
             not
             proceed
             ,
             the
             other
             matter
             taking
             up
             the
             whole
             time
             .
          
           
             The
             Committee
             ,
             for
             the
             Earl
             of
             Strafford
             ,
             are
             to
             manage
             this
             Conference
             .
          
           
             Mr.
             Whitlock
             acquaints
             the
             House
             ,
             That
             according
             to
             the
             Command
             of
             this
             House
             ,
             he
             had
             delivered
             unto
             the
             Lords
             the
             Votes
             that
             had
             passed
             here
             ,
             concerning
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             A
             Message
             from
             the
             Lords
             ,
             desiring
             a
             free
             Conference
             by
             the
             same
             Committee
             ,
             touching
             the
             Demands
             concerning
             the
             Earl
             of
             Strafford
             presently
             in
             the
             Painted-Chamber
             ,
             if
             it
             may
             stand
             with
             the
             conveniency
             of
             this
             House
             .
          
           
             Answer
             returned
             by
             the
             same
             Messengers
             ,
             That
             this
             House
             has
             taken
             their
             Lordships
             Message
             into
             Consideration
             ,
             and
             will
             give
             a
             meeting
             presently
             ,
             as
             is
             desired
             .
             The
             same
             Committee
             is
             to
             manage
             and
             Report
             this
             Conference
             .
          
           
             Mr.
             Whitlock
             Reports
             from
             the
             free
             Conference
             ,
             touching
             the
             Demands
             concerning
             the
             Trial
             of
             the
             Earl
             of
             Strafford
             ,
             That
             the
             Lord
             of
             Bath
             was
             pleased
             to
             declare
             ,
             in
             the
             Name
             of
             the
             Lords
             ,
             That
             the
             House
             had
             taken
             into
             Consideration
             those
             Demands
             made
             this
             Morning
             ,
             and
             agreed
             upon
             an
             Answer
             to
             every
             one
             of
             them
             .
          
           
           
             (
             First
             ,
             )
             As
             to
             the
             Place
             ,
             they
             had
             agreed
             ,
             it
             should
             be
             in
             Westminster-Hall
             ,
             and
             the
             King
             to
             be
             made
             acquainted
             with
             it
             by
             the
             Lord
             Great
             Chamberlain
             .
             (
             Secondly
             ,
             )
             For
             Persons
             ,
             their
             Lordships
             agreed
             to
             it
             ,
             That
             the
             House
             of
             Commons
             be
             present
             as
             a
             Committee
             of
             the
             whole
             House
             for
             this
             time
             ,
             with
             a
             saving
             of
             the
             Right
             of
             the
             Lords
             House
             ,
             either
             according
             to
             Law
             or
             Parliamentary
             Proceedings
             ;
             and
             that
             this
             shall
             not
             be
             drawn
             into
             President
             hereafter
             on
             either
             side
             .
             For
             the
             (
             Third
             ,
             )
             For
             the
             managing
             of
             Our
             Evidence
             ,
             they
             grant
             it
             wholly
             .
             For
             the
             (
             Fourth
             ,
             )
             For
             Counsel
             in
             managing
             and
             forcing
             of
             Evidence
             ;
             the
             Counsel
             of
             the
             Earl
             of
             Strafford
             is
             not
             to
             speak
             nor
             interrupt
             the
             matter
             of
             the
             House
             of
             Commons
             until
             all
             the
             Evidence
             is
             finished
             ;
             and
             the
             Counsel
             is
             not
             to
             stand
             at
             the
             Bar
             ,
             but
             in
             some
             convenient
             place
             where
             they
             may
             hear
             ;
             and
             that
             they
             may
             speak
             for
             matter
             of
             Law
             ,
             but
             not
             for
             matter
             of
             Fact
             ,
             and
             that
             not
             unless
             their
             Lordships
             shall
             see
             fitting
             .
             (
             Next
             ,
             )
             For
             the
             time
             ,
             my
             Lord
             of
             Bath
             did
             tell
             Us
             ,
             They
             could
             not
             yet
             Resolve
             upon
             it
             ,
             till
             the
             Surveyor
             and
             Workmen
             ,
             that
             did
             take
             care
             to
             build
             the
             Scaffolds
             ,
             did
             give
             account
             how
             soon
             they
             could
             be
             ready
             .
          
           
             Ordered
             ,
             That
             it
             be
             referred
             to
             the
             Committee
             for
             the
             Earl
             of
             Strafford
             ,
             with
             the
             addition
             made
             to
             the
             Committee
             for
             this
             purpose
             ,
             to
             consider
             of
             the
             saving
             ,
             and
             the
             other
             part
             of
             the
             Report
             now
             made
             from
             the
             free
             Conference
             ,
             concerning
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             ,
             and
             they
             are
             to
             present
             to
             the
             House
             what
             they
             think
             fit
             to
             be
             done
             thereupon
             .
          
        
         
           
             Monday
             ,
             March
             15th
             ,
             1640.
             
          
           
             A
             Message
             from
             the
             Lords
             ,
             That
             the
             House
             of
             Peers
             desire
             a
             Conference
             
             concerning
             the
             time
             of
             the
             Earl
             of
             
             Strafford's
             Trial
             ,
             and
             some
             other
             Circumstances
             that
             concern
             that
             Trial
             ;
             they
             desire
             it
             presently
             in
             the
             Painted-Chamber
             ,
             if
             it
             may
             stand
             with
             the
             conveniency
             of
             this
             House
             by
             the
             same
             former
             Committee
             .
          
           
             Answer
             returned
             by
             the
             same
             Messengers
             ,
             That
             this
             House
             has
             taken
             their
             Lordships
             Message
             into
             Consideration
             ,
             and
             will
             give
             a
             meeting
             presently
             ,
             as
             is
             desired
             by
             the
             same
             Committee
             .
          
           
             Mr.
             Whitlock
             Reports
             the
             Conference
             had
             with
             the
             Lords
             ,
             concerning
             
             the
             Trial
             of
             the
             Earl
             of
             
               Strafford
               ,
               in
               haec
               verba
            
             ,
             That
             the
             Lord
             of
             Bath
             did
             tell
             Us
             ,
             That
             he
             had
             something
             to
             acquaint
             Us
             from
             the
             Lords
             ,
             That
             their
             Lordships
             had
             Ordered
             ,
             That
             the
             Place
             for
             the
             Trial
             of
             the
             Earl
             of
             Strafford
             shall
             be
             in
             Westminster-Hall
             ;
             That
             the
             King
             hath
             been
             acquainted
             therewith
             ,
             and
             hath
             been
             pleased
             to
             assent
             thereunto
             :
             That
             the
             time
             for
             the
             said
             Trial
             shall
             begin
             on
             Monday
             next
             at
             Nine
             of
             the
             Clock
             in
             the
             Forenoon
             ;
             and
             that
             against
             that
             time
             Care
             is
             taken
             that
             all
             things
             shall
             be
             prepared
             and
             made
             ready
             ;
             and
             that
             the
             Lords
             will
             be
             pleased
             to
             give
             notice
             of
             the
             time
             appointed
             for
             this
             Trial
             to
             the
             Earl
             of
             Strafford
             to
             attend
             accordingly
             ;
             and
             a
             Warrant
             is
             to
             be
             directed
             to
             the
             Lieutenant
             of
             the
             Tower
             ,
             to
             bring
             the
             said
             Earl
             of
             Strafford
             at
             the
             time
             and
             to
             the
             place
             aforesaid
             .
          
           
             After
             this
             the
             Earl
             of
             Essex
             told
             Us
             ,
             The
             Lords
             did
             take
             into
             Consideration
             something
             alledged
             in
             the
             Earl
             of
             
             Strafford's
             Answer
             to
             the
             27
             Article
             ,
             wherein
             the
             Peers
             ,
             that
             were
             of
             the
             Great
             Council
             ,
             had
             some
             Aspersion
             cast
             upon
             them
             ,
             that
             they
             had
             entred
             this
             Protestation
             .
          
           
           
             Whereas
             the
             Lords
             of
             the
             Great
             Council
             at
             York
             ,
             to
             clear
             their
             Honours
             only
             ,
             have
             made
             their
             Protestation
             ,
             That
             they
             did
             neither
             Command
             nor
             Approve
             the
             raising
             of
             Monies
             in
             York-shire
             ,
             as
             is
             alledged
             by
             the
             Earl
             of
             Strafford
             in
             his
             Answer
             to
             the
             27th
             Article
             .
             Now
             the
             said
             Protestation
             is
             by
             this
             House
             unanimously
             admitted
             .
             And
             it
             is
             likewise
             Ordered
             ,
             That
             so
             much
             may
             be
             intimated
             to
             the
             Committee
             of
             the
             House
             of
             Commons
             at
             the
             next
             Conference
             .
          
           
             Moved
             ,
             That
             the
             Committee
             for
             the
             Earl
             of
             Strafford
             do
             consider
             of
             the
             last
             part
             of
             the
             Report
             now
             made
             ,
             concerning
             the
             Protestation
             made
             by
             the
             Lords
             of
             the
             Great
             Council
             at
             York
             ,
             how
             far
             they
             may
             make
             use
             of
             it
             in
             the
             Evidence
             at
             the
             Trial
             of
             the
             Earl
             of
             Strafford
             .
          
           
             Ordered
             ,
             That
             the
             Committee
             for
             the
             Earl
             of
             Strafford
             consider
             of
             the
             last
             part
             of
             the
             Report
             of
             the
             Commitee
             ,
             concerning
             the
             Protestation
             made
             by
             the
             Lords
             of
             the
             Great
             Council
             at
             York
             ,
             how
             far
             they
             may
             think
             fit
             to
             make
             use
             of
             it
             as
             Evidence
             at
             the
             Trial.
             
          
        
         
           
             Tuesday
             ,
             March
             16th
             ,
             1640.
             
          
           
             Mr.
             Whitlock
             Reports
             from
             the
             Committee
             for
             the
             Earl
             of
             Strafford
             ,
             That
             whereas
             the
             House
             of
             Commons
             have
             formerly
             declared
             to
             their
             Lordships
             ,
             that
             the
             Earl
             of
             Strafford
             being
             Impeached
             by
             them
             ,
             they
             do
             conceive
             it
             doth
             belong
             to
             them
             to
             Resolve
             ,
             in
             what
             manner
             they
             will
             be
             present
             at
             his
             Trial
             ;
             and
             that
             of
             Right
             they
             may
             come
             as
             a
             House
             if
             they
             please
             ;
             but
             for
             some
             special
             Reasons
             ,
             upon
             this
             occasion
             ,
             they
             are
             Resolved
             to
             send
             their
             own
             Members
             as
             a
             Committee
             of
             the
             whole
             House
             ,
             Authorized
             by
             the
             House
             to
             be
             present
             at
             the
             Trial
             to
             hear
             ,
             and
             some
             particular
             Persons
             of
             themselves
             to
             manage
             the
             Evidence
             .
             The
             House
             of
             Commons
             doth
             still
             continue
             their
             Resolution
             in
             every
             part
             thereof
             and
             therein
             ,
             and
             in
             the
             matter
             of
             allowing
             Counsel
             :
             And
             their
             Lordships
             Reservation
             to
             their
             Judgment
             what
             is
             matter
             of
             Fact
             ,
             and
             what
             not
             ,
             the
             House
             of
             Commons
             do
             save
             to
             themselves
             ,
             as
             they
             have
             formerly
             done
             ,
             all
             Rights
             that
             do
             appertain
             to
             them
             ,
             according
             to
             Law
             ,
             and
             the
             course
             of
             Parliament
             ;
             and
             do
             declare
             ,
             That
             the
             Proceedings
             in
             this
             Case
             shall
             not
             be
             drawn
             into
             President
             ,
             to
             the
             Prejudice
             of
             the
             Commons
             .
          
           
             Ordered
             ,
             That
             this
             Protestation
             be
             by
             way
             of
             Conference
             transferred
             to
             the
             Lords
             .
          
        
         
           
             Wednesday
             ,
             March
             17th
             ,
             1640.
             
          
           
             Ordered
             ,
             That
             Mr.
             Pym
             shall
             make
             Report
             of
             three
             especial
             Cases
             that
             concern
             the
             Earl
             of
             
             Strafford's
             business
             on
             Friday
             morning
             next
             .
          
        
         
           
             Thursday
             ,
             March
             18th
             ,
             1640.
             
          
           
             Ordered
             ,
             That
             the
             Earl
             of
             
             Strafford's
             Committee
             of
             Twelve
             do
             attend
             that
             Service
             ,
             and
             lay
             aside
             all
             other
             Excuses
             and
             Occasions
             ,
             unless
             they
             be
             otherwise
             Commanded
             by
             this
             House
             ,
             and
             Mr.
             Glyn
             is
             added
             to
             this
             Committee
             .
          
        
         
           
             Friday
             ,
             March
             19th
             ,
             1640.
             
          
           
             Ordered
             ,
             That
             a
             Warrant
             under
             Mr.
             Speaker's
             Hand
             ,
             be
             directed
             to
             the
             Master
             of
             the
             Marshalsey
             ,
             of
             the
             
               Kings
               Bench
            
             ,
             requiring
             him
             to
             send
             
             
               Robert
               Coyne
            
             (
             a
             Prisoner
             there
             upon
             Execution
             in
             safe
             Custody
             )
             to
             attend
             the
             Committee
             for
             the
             Earl
             of
             
               Strafford
               De
               die
               in
               Diem
            
             ,
             so
             long
             as
             the
             Committee
             shall
             so
             require
             .
          
           
             Ordered
             ,
             That
             
               Patrick
               Allen
            
             ,
             an
             Irish
             Merchant
             ,
             who
             has
             a
             Petition
             depending
             here
             ,
             shall
             have
             the
             Liberty
             to
             go
             abroad
             with
             a
             Keeper
             to
             Prosecute
             his
             business
             here
             ,
             and
             to
             be
             examined
             as
             a
             Witness
             at
             the
             Committee
             for
             the
             Earl
             of
             Strafford
             .
          
           
             Sir
             
               Thomas
               Barrington
            
             ,
             Sir
             
               Iohn
               Culpepper
            
             ,
             Sir
             
               Io.
               Strangwayes
            
             ,
             Mr.
             Ashburnham
             ,
             
             Sir
             
               Io.
               Hotham
            
             ,
             Sir
             
               William
               Litton
            
             ,
             Sir
             
               Io.
               Holland
            
             ,
             Sir
             
               Robert
               Pye
            
             ,
             Mr.
             Wheeler
             ,
             Mr.
             Lawrence
             ,
             and
             Mr.
             Whittaker
             ,
             are
             appointed
             as
             a
             Committee
             to
             View
             the
             place
             for
             the
             Earl
             of
             
             Strafford's
             Trial
             ,
             and
             to
             think
             of
             some
             convenient
             manner
             for
             the
             Committee
             of
             the
             House
             to
             go
             in
             ,
             and
             be
             present
             at
             the
             said
             Trial
             ;
             and
             for
             Mr.
             Speaker
             to
             be
             there
             in
             a
             private
             manner
             ,
             and
             they
             are
             to
             meet
             this
             Afternoon
             at
             Two
             of
             the
             Clock
             in
             the
             inner
             Court
             of
             Wards
             .
          
        
         
           
             Saturday
             ,
             March
             20th
             ,
             1640.
             
          
           
             Ordered
             ,
             That
             the
             Earl
             of
             
             Strafford's
             Committee
             of
             13
             shall
             have
             Power
             to
             manage
             the
             Evidence
             in
             such
             manner
             ,
             as
             they
             shall
             think
             fit
             to
             manage
             the
             same
             at
             the
             Trial
             of
             the
             Earl
             of
             Strafford
             .
          
           
             Ordered
             ,
             That
             Mr.
             White
             and
             Mr.
             Prideaux
             be
             appointed
             to
             take
             Notes
             of
             the
             Passages
             of
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             ,
             and
             to
             Report
             them
             to
             the
             House
             ,
             if
             occasion
             be
             ;
             and
             that
             the
             Committee
             shall
             have
             Power
             ,
             if
             occasion
             be
             ,
             to
             make
             use
             of
             two
             more
             ,
             such
             as
             they
             shall
             think
             fit
             ,
             though
             not
             of
             the
             House
             .
          
           
             Moved
             from
             the
             Earl
             of
             
             Strafford's
             Committee
             ,
             That
             it
             would
             please
             the
             House
             to
             give
             a
             fair
             and
             candid
             Interpretation
             of
             the
             Committees
             Labours
             and
             Endeavours
             in
             this
             business
             .
          
           
             Upon
             Sir
             Iohn
             Culpepper's
             Report
             from
             the
             Committee
             appointed
             to
             view
             the
             Place
             ,
             and
             to
             Regulate
             the
             Order
             and
             the
             Manner
             of
             the
             Committee
             of
             the
             Houses
             coming
             and
             being
             there
             :
             It
             was
             Ordered
             ,
             (
             1.
             )
             That
             the
             Members
             of
             the
             Commons
             shall
             sit
             together
             ,
             without
             any
             Intermixture
             of
             others
             ,
             in
             that
             place
             which
             is
             prepared
             for
             them
             .
             (
             2.
             )
             That
             in
             respect
             of
             the
             inconveniency
             of
             it
             ,
             the
             Members
             shall
             not
             come
             to
             meet
             at
             the
             House
             on
             Monday
             morning
             ,
             but
             come
             directly
             to
             the
             place
             of
             the
             Trial.
             (
             3.
             )
             That
             for
             the
             well-ordering
             of
             the
             business
             ,
             the
             said
             Committee
             ,
             with
             the
             addition
             of
             Mr.
             Peard
             ,
             shall
             be
             present
             at
             the
             several
             doors
             at
             the
             Entrance
             of
             the
             place
             appointed
             ,
             for
             the
             Members
             of
             the
             House
             by
             Six
             of
             the
             Clock
             ,
             and
             are
             directed
             and
             required
             by
             the
             House
             to
             admit
             none
             but
             such
             as
             shall
             bring
             Tickets
             of
             their
             Names
             and
             the
             Places
             for
             which
             they
             Serve
             ;
             and
             that
             none
             of
             the
             Members
             of
             the
             House
             shall
             be
             admitted
             to
             come
             in
             before
             those
             that
             are
             appointed
             to
             attend
             at
             the
             doors
             shall
             come
             ;
             and
             if
             any
             ,
             either
             Stranger
             or
             Member
             of
             the
             House
             ,
             shall
             offend
             this
             Order
             ,
             those
             who
             are
             appointed
             to
             attend
             this
             Service
             shall
             Report
             it
             to
             the
             House
             .
             And
             it
             is
             further
             Ordered
             ,
             That
             all
             of
             the
             House
             shall
             be
             there
             by
             Eight
             of
             the
             Clock
             at
             the
             farthest
             ;
             and
             that
             such
             places
             shall
             be
             reserved
             for
             them
             ,
             who
             shall
             attend
             this
             Service
             ,
             as
             they
             shall
             find
             to
             be
             most
             proper
             and
             convenient
             for
             them
             .
             (
             4.
             )
             Ordered
             ,
             That
             the
             Serjeant
             at
             Arms
             shall
             attend
             within
             the
             Court
             ,
             and
             his
             Men
             without
             ,
             to
             be
             imployed
             in
             such
             Service
             as
             they
             who
             manage
             the
             Evidence
             shall
             appoint
             .
          
           
           
             Sir
             
               Iohn
               Culpepper
            
             further
             Reported
             ,
             That
             the
             Speaker
             might
             be
             present
             in
             some
             private
             place
             ,
             and
             as
             a
             particular
             Member
             of
             this
             House
             ;
             but
             the
             Committee
             doth
             not
             think
             fit
             that
             the
             House
             should
             declare
             any
             Order
             in
             it
             .
          
           
             Touching
             the
             Members
             of
             the
             House
             being
             covered
             at
             the
             Trial
             ,
             the
             Committee
             thinks
             it
             not
             fit
             for
             them
             to
             deliver
             any
             Opinion
             ,
             only
             they
             offer
             the
             difference
             that
             may
             be
             when
             both
             Houses
             meet
             ,
             or
             Committees
             of
             both
             Houses
             ,
             and
             the
             present
             Case
             ,
             where
             the
             Lords
             are
             to
             meet
             as
             a
             House
             ,
             and
             the
             Commons
             as
             a
             Committee
             of
             their
             House
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             the
             House
             shall
             sit
             this
             Afternoon
             ,
             and
             shall
             meet
             at
             Two
             of
             the
             Clock
             .
          
           
             Mr.
             Bellasis
             went
             up
             to
             the
             Lords
             with
             this
             Message
             ,
             To
             desire
             their
             Lordships
             ,
             That
             in
             regard
             this
             House
             is
             much
             straitned
             in
             time
             ,
             and
             hath
             great
             Affairs
             in
             hand
             ,
             and
             will
             sit
             this
             Afternoon
             ,
             and
             may
             have
             occasion
             of
             a
             Conference
             with
             their
             Lordships
             ,
             that
             they
             will
             be
             pleased
             to
             sit
             likewise
             .
          
           
             The
             humble
             Petition
             of
             Thomas
             Earl
             of
             Strafford
             was
             this
             day
             read
             ,
             wherein
             he
             desires
             ,
             That
             he
             may
             make
             use
             of
             some
             Members
             of
             this
             House
             ,
             
             nominated
             in
             his
             Petition
             ,
             as
             Witnesses
             at
             his
             Trial
             ;
             and
             the
             House
             leaves
             those
             Members
             ,
             nominated
             in
             the
             said
             Petition
             ,
             to
             do
             therein
             as
             they
             shall
             please
             ,
             without
             their
             giving
             any
             offence
             to
             the
             House
             .
          
           
             Mr.
             Martin
             is
             to
             go
             up
             to
             the
             Lords
             ,
             to
             desire
             a
             free
             Conference
             with
             their
             Lordships
             by
             the
             same
             Committee
             that
             was
             formerly
             appointed
             ,
             touching
             the
             matter
             of
             the
             last
             free
             Conference
             concerning
             the
             Trial
             of
             the
             Earl
             of
             Strafford
             .
          
           
             Ordered
             ,
             That
             those
             Members
             of
             the
             House
             ,
             that
             are
             appointed
             to
             manage
             the
             Evidence
             at
             the
             Trial
             of
             the
             Earl
             of
             Strafford
             ,
             shall
             have
             Power
             ,
             if
             any
             Witnesses
             be
             produced
             for
             the
             Earl
             ,
             to
             ask
             if
             they
             have
             been
             sworn
             ,
             and
             if
             it
             shall
             appear
             that
             they
             have
             been
             sworn
             ;
             or
             if
             any
             shall
             be
             sworn
             at
             the
             Bar
             ,
             to
             forbear
             to
             proceed
             any
             further
             in
             the
             managing
             of
             their
             Evidence
             ,
             until
             they
             have
             resorted
             unto
             the
             House
             ,
             and
             have
             received
             further
             Order
             .
          
           
             All
             the
             Orders
             that
             concern
             the
             Proceedings
             against
             the
             Earl
             of
             Strafford
             are
             required
             to
             be
             Copied
             out
             ,
             for
             the
             Service
             of
             the
             Committee
             .
          
           
             
               The
               Names
               of
               the
               Members
               of
               the
               House
               of
               Commons
               ,
               appointed
               to
               manage
               the
               Evidence
               against
            
             Thomas
             
               Earl
               of
            
             Strafford
             
               at
               his
               Trial
               before
               the
               House
               of
               Peers
               ,
               upon
               an
               Impeachment
               of
               High
               Treason
               .
            
          
           
             George
             Lord
             Digby
             .
          
           
             
               
                 
                   Iohn
                   Hampden
                   ,
                
                 
                   Esquires
                   .
                
              
               
                 
                   Iohn
                   Pym
                   ,
                
              
            
          
           
             
               Oliver
               St.
               Iohn
            
             ,
             
               Esq
            
             shortly
             after
             Solicitor-General
             to
             King
             Charles
             the
             First
             .
          
           
             Sir
             
               Walter
               Earle
            
             ,
             Knight
             .
          
           
             
               Ieoffery
               Palmer
            
             ,
             afterwards
             Knighted
             ,
             and
             made
             Attorney-General
             to
             King
             Charles
             the
             Second
             .
          
           
             
               Iohn
               Maynard
            
             ,
             
               Esq
            
             afterwards
             Serjeant
             at
             Law
             to
             King
             Charles
             the
             Second
             .
          
           
             
               Iohn
               Glyn
            
             ,
             
               Esq
            
             Recorder
             of
             London
             ,
             afterwards
             Sworn
             one
             of
             the
             Council
             to
             King
             Charles
             the
             Second
             .
          
           
           
             The
             Place
             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
             Arras
             :
             before
             that
             were
             the
             Seats
             for
             the
             Lords
             of
             the
             Upper-House
             ,
             and
             sacks
             of
             Wooll
             for
             the
             Judges
             ,
             before
             them
             ten
             Stages
             of
             Seats
             extending
             farther
             than
             the
             midst
             of
             the
             Hall
             ,
             for
             the
             Gentlemen
             of
             the
             House
             of
             Commons
             ;
             at
             the
             end
             of
             all
             was
             a
             Desk
             closed
             about
             and
             set
             apart
             for
             the
             Lord
             Lieutenant
             and
             his
             Counsel
             .
          
           
             On
             Monday
             Morning
             ,
             March
             22.
             about
             Seven
             of
             the
             Clock
             ,
             he
             came
             
             from
             the
             Tower
             ,
             accompanied
             with
             six
             Barges
             ,
             wherein
             were
             one
             hundred
             Souldiers
             of
             the
             Tower
             ,
             all
             with
             Partizans
             ,
             for
             his
             Guard
             ,
             and
             fifty
             pair
             of
             Oars
             :
             At
             his
             landing
             at
             Westminster
             ,
             there
             he
             was
             attended
             with
             two
             hundred
             of
             the
             
               Trained
               Band
            
             ,
             and
             went
             in
             guarded
             by
             them
             into
             the
             Hall.
             The
             entries
             at
             
               Whitehall
               ,
               Kingstreet
            
             and
             Westminster
             ,
             were
             guarded
             by
             the
             Constables
             and
             Watch-men
             ,
             from
             four
             of
             the
             Clock
             in
             the
             Morning
             ,
             to
             keep
             away
             all
             base
             and
             idle
             persons
             .
          
           
             The
             King
             ,
             Queen
             ,
             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
             intreat
             the
             King
             ,
             either
             to
             be
             absent
             ,
             or
             to
             be
             there
             privately
             ,
             lest
             pretentions
             might
             be
             made
             hereafter
             ,
             that
             His
             being
             there
             was
             either
             to
             threaten
             ,
             or
             some
             other
             ways
             to
             interrupt
             the
             Course
             of
             Justice
             .
             A
             third
             sort
             ,
             That
             the
             King
             was
             not
             willing
             to
             be
             accessary
             to
             the
             Process
             ,
             till
             it
             came
             to
             His
             Part
             ;
             but
             rather
             chose
             to
             be
             present
             ,
             that
             he
             might
             observe
             and
             understand
             if
             any
             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
             Ax
             should
             be
             carried
             before
             him
             or
             no
             ?
             Who
             did
             Answer
             ,
             That
             the
             King
             had
             expresly
             forbidden
             it
             ;
             nor
             was
             it
             the
             Custom
             of
             England
             to
             use
             that
             Ceremony
             ,
             but
             only
             when
             the
             Party
             Accused
             was
             to
             be
             put
             upon
             his
             Jury
             .
             Those
             of
             the
             House
             of
             Lords
             did
             sit
             with
             their
             Heads
             covered
             ,
             those
             of
             the
             House
             of
             Commons
             uncovered
             .
             The
             Bishops
             upon
             the
             Saturday
             before
             did
             voluntarily
             decline
             the
             giving
             of
             their
             Suffrages
             in
             matters
             Criminal
             ,
             and
             of
             that
             nature
             ,
             according
             to
             the
             provision
             of
             the
             Cannon
             Law
             ,
             and
             practice
             of
             the
             Kingdom
             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
             Spiritual
             in
             Parliament
             ,
             which
             was
             accepted
             .
          
           
             The
             Earl
             of
             Arundel
             ,
             as
             Lord
             High
             Steward
             of
             England
             ,
             sate
             apart
             by
             himself
             ,
             and
             at
             the
             Lieutenant's
             Entry
             ,
             Commanded
             the
             House
             to
             proceed
             .
             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
             Replies
             were
             subjoyned
             and
             read
             also
             ,
             the
             very
             same
             which
             were
             presented
             before
             in
             the
             Upper
             House
             :
             Some
             gave
             the
             reason
             of
             this
             ,
             because
             the
             House
             of
             Commons
             had
             not
             heard
             those
             Accusations
             in
             Publick
             before
             .
             Others
             ,
             that
             the
             formality
             of
             the
             Process
             required
             no
             less
             ,
             however
             that
             day
             was
             spent
             in
             that
             Exercise
             .
          
           
             The
             Queen
             went
             from
             the
             House
             about
             Eleven
             of
             the
             Clock
             ,
             the
             King
             and
             Prince
             staid
             till
             the
             meeting
             was
             dissolved
             ,
             which
             was
             after
             Two.
             The
             Lieutenant
             was
             sent
             to
             the
             Tower
             by
             his
             Guard
             ,
             and
             appointed
             to
             
             return
             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
             he
             them
             ,
             with
             great
             humility
             and
             courtesie
             ,
             [
             both
             at
             his
             Entrance
             and
             at
             his
             Return
             ,
             ]
             therefore
             let
             Fame
             pretend
             what
             it
             please
             about
             the
             malice
             and
             discontent
             of
             the
             Multitude
             ,
             
               That
               if
               he
               pass
               the
               stroke
               of
               Iustice
               ,
               they
               will
               tear
               him
               in
               pieces
            
             ;
             yet
             there
             is
             more
             in
             Rumor
             than
             in
             Sight
             and
             Appearance
             ;
             and
             in
             this
             Report
             ,
             as
             in
             all
             others
             of
             this
             nature
             ,
             more
             is
             thrust
             upon
             the
             Vulgar
             (
             who
             seem
             as
             well
             fearful
             of
             Punishment
             ,
             as
             exempt
             from
             it
             ,
             for
             all
             their
             great
             number
             )
             than
             they
             did
             justly
             deserve
             at
             this
             time
             .
          
        
         
           
             Monday
             ,
             March
             22.
             1640.
             
             Post
             Merid.
             
          
           
             The
             House
             of
             Commons
             spent
             the
             Forenoon
             in
             the
             first
             days
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             in
             Westminster-Hall
             :
             But
             in
             the
             Afternoon
             the
             House
             Ordered
             ,
             That
             in
             case
             the
             Earl
             of
             Strafford
             shall
             ask
             leave
             ,
             or
             shall
             have
             liberty
             given
             him
             to
             speak
             any
             thing
             by
             way
             of
             Defence
             ,
             before
             such
             time
             as
             the
             Members
             appointed
             to
             manage
             the
             Evidence
             ,
             shall
             enter
             into
             the
             managing
             of
             their
             Evidence
             ,
             that
             then
             they
             shall
             Interpose
             ;
             and
             if
             so
             be
             that
             notwithstanding
             such
             Interposition
             ,
             the
             Lords
             shall
             give
             him
             leave
             so
             to
             speak
             ,
             that
             then
             they
             shall
             forbear
             to
             proceed
             any
             further
             in
             the
             managing
             of
             their
             Evidence
             ,
             until
             they
             have
             Reported
             unto
             the
             House
             ,
             and
             received
             further
             Order
             from
             them
             .
          
           
             Ordered
             ,
             That
             the
             House
             shall
             meet
             to
             morrow
             in
             Westminster-Hall
             as
             a
             Committee
             ;
             and
             that
             the
             House
             sit
             to
             morrow
             in
             the
             Afternoon
             at
             Two
             of
             the
             Clock
             .
          
           
             Ordered
             ,
             That
             the
             Committee
             formerly
             appointed
             shall
             attend
             at
             the
             doors
             ,
             at
             the
             Entrance
             of
             the
             place
             prepared
             for
             the
             Committee
             of
             the
             House
             of
             Commons
             ,
             at
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             .
          
        
         
           
             Tuesday
             ,
             March
             23.
             1640.
             
             Post
             Merid.
             
          
           
             Sir
             
               Philip
               Stapleton
            
             went
             up
             to
             the
             Lords
             with
             this
             Message
             ,
             To
             desire
             a
             free
             Conference
             by
             a
             Committee
             of
             both
             Houses
             ,
             concerning
             their
             joyning
             with
             this
             House
             to
             Petition
             His
             Majesty
             ,
             To
             disband
             the
             new-levied
             Irish
             Army
             ,
             Disarming
             the
             Papists
             Recusants
             ,
             and
             the
             removal
             of
             Papists
             from
             Court
             ;
             especially
             those
             formerly
             named
             ,
             viz.
             Mr.
             
               Walter
               Montague
            
             ,
             Sir
             
               Kenelme
               Digby
            
             ,
             Sir
             
               Iohn
               Winter
            
             ,
             and
             Sir
             
               Toby
               Mathew
            
             .
          
           
             Sir
             
               Walter
               Earle
            
             and
             Mr.
             Reynolds
             are
             to
             manage
             this
             Conference
             ,
             and
             are
             to
             move
             the
             Lords
             ,
             to
             appoint
             a
             Petition
             to
             His
             Majesty
             ,
             and
             are
             to
             inforce
             their
             desire
             of
             removing
             the
             Papists
             from
             Court
             by
             that
             Circumstance
             of
             Mr.
             
               Walter
               Montagues
            
             appearing
             Yesterday
             ,
             before
             both
             Houses
             ,
             at
             the
             Trial
             of
             the
             Earl
             of
             Strafford
             .
          
           
             Ordered
             ,
             That
             the
             House
             meet
             as
             a
             Committee
             in
             Westminster-Hall
             at
             Eight
             of
             the
             Clock
             ,
             and
             in
             the
             House
             at
             Two
             in
             the
             Afternoon
             ,
             which
             they
             are
             constantly
             to
             observe
             
               De
               die
               in
               diem
            
             during
             the
             Trial.
             
          
           
             The
             House
             does
             Expect
             that
             all
             the
             Members
             of
             the
             House
             should
             conform
             themselves
             to
             the
             Order
             made
             for
             Regulating
             matters
             at
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             ;
             and
             that
             the
             Committee
             appointed
             for
             that
             business
             shall
             complain
             of
             any
             that
             Conform
             not
             thereunto
             .
          
        
         
           
           
             Wednesday
             ,
             March
             24th
             ,
             1640.
             
             Post
             Merid.
             
          
           
             Ordered
             ,
             That
             Mr.
             Treasurer
             and
             Mr.
             Comptroller
             move
             His
             Majesty
             ,
             That
             the
             Committees
             for
             the
             Earl
             of
             Strafford
             may
             have
             the
             perusal
             of
             Sir
             
               Edward
               Cook
               's
               Pleas
               of
               the
               Crown
               .
            
          
           
             Ordered
             ,
             That
             no
             Member
             of
             the
             House
             shall
             stand
             in
             the
             place
             appointed
             for
             the
             Earl
             of
             
             Strafford's
             Witnesses
             ,
             at
             the
             time
             of
             his
             Trial
             ,
             unless
             they
             be
             such
             as
             by
             the
             said
             Earl
             be
             required
             to
             be
             there
             as
             Witnesses
             .
          
           
             Ordered
             ,
             That
             Sir
             
               Henry
               Mildmay
            
             move
             the
             Lord
             High
             Chamberlain
             ,
             that
             the
             door
             at
             the
             Entrance
             in
             at
             the
             Room
             ,
             appointed
             for
             those
             that
             manage
             the
             Evidence
             at
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             ,
             be
             kept
             shut
             ,
             and
             that
             there
             be
             some
             other
             passage
             for
             the
             Members
             to
             come
             into
             the
             House
             at
             ,
             and
             Captain
             
               Charles
               Price
            
             is
             added
             to
             the
             Committee
             appointed
             to
             Regulate
             matters
             at
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             Ordered
             ,
             That
             no
             Member
             of
             the
             House
             Confer
             with
             the
             Earl
             of
             Strafford
             during
             the
             time
             of
             the
             Trial.
             
          
        
         
           
             Thursday
             ,
             March
             25th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             Ordered
             ,
             That
             the
             Committee
             appointed
             to
             manage
             the
             Evidence
             at
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             ,
             shall
             have
             liberty
             to
             proceed
             upon
             such
             Articles
             ,
             as
             they
             shall
             think
             most
             Important
             for
             the
             speediest
             expediting
             of
             the
             Trial
             ,
             and
             to
             contract
             and
             proceed
             in
             such
             manner
             as
             they
             shall
             think
             most
             expedient
             .
          
           
             Ordered
             ,
             That
             the
             Committee
             for
             the
             Earl
             of
             Strafford
             presently
             withdraw
             into
             the
             Court
             of
             Wards
             ,
             to
             prepare
             Heads
             for
             a
             Conference
             ,
             to
             be
             desired
             with
             the
             Lords
             ,
             concerning
             the
             preventing
             of
             all
             Delays
             in
             the
             speedier
             expediting
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             Sir
             
               Iohn
               Culpepper
            
             Reports
             from
             the
             Committee
             that
             was
             appointed
             to
             draw
             Heads
             for
             a
             Conference
             to
             be
             desired
             with
             the
             Lords
             ,
             concerning
             the
             preventing
             of
             all
             Delays
             in
             the
             Trial
             of
             the
             Earl
             of
             Strafford
             ,
             to
             this
             purpose
             :
          
           
             To
             Represent
             to
             the
             Lords
             the
             necessity
             of
             Expediting
             the
             Earl
             of
             
             Strafford's
             Trial
             ,
             in
             respect
             of
             the
             pressing
             Occasions
             of
             both
             Houses
             ,
             and
             of
             the
             Estate
             of
             the
             whole
             Kingdom
             ,
             which
             will
             be
             much
             interrupted
             and
             prejudiced
             by
             the
             Protraction
             of
             this
             Trial
             :
             In
             this
             Consideration
             the
             House
             of
             Commons
             desired
             their
             Lordships
             ,
             that
             they
             would
             be
             pleased
             to
             prevent
             all
             unnecessary
             Delays
             which
             may
             be
             occasioned
             by
             the
             Earl
             of
             
             Strafford's
             impertinent
             Exceptions
             ,
             which
             as
             they
             will
             take
             up
             much
             time
             in
             Debate
             ,
             so
             they
             may
             occasion
             frequent
             Adjournments
             ,
             the
             which
             we
             desire
             their
             Lordships
             to
             take
             into
             Consideration
             ,
             that
             they
             may
             be
             avoided
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             this
             shall
             be
             the
             Subject
             of
             the
             Conference
             .
          
           
             Sir
             
               Io.
               Eveling
            
             went
             up
             to
             the
             Lords
             ,
             to
             desire
             a
             Conference
             concerning
             the
             Trial
             of
             the
             Earl
             of
             Strafford
             ;
             and
             Sir
             
               Io.
               Culpepper
            
             is
             appointed
             to
             manage
             this
             Conference
             .
          
        
         
           
           
             Monday
             ,
             March
             29th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             Sir
             
               Thomas
               Barington
            
             is
             appointed
             to
             go
             up
             to
             the
             Lords
             ,
             to
             desire
             a
             Conference
             by
             a
             Committee
             of
             both
             Houses
             ,
             concerning
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             This
             House
             doth
             conceive
             ,
             That
             the
             Examination
             of
             the
             Lord
             Primate
             of
             Ireland
             ,
             already
             taken
             ,
             is
             not
             to
             be
             urged
             ,
             in
             regard
             none
             of
             the
             Members
             of
             this
             House
             were
             present
             at
             the
             taking
             of
             it
             ,
             but
             the
             Examination
             of
             him
             (
             provided
             )
             that
             some
             of
             the
             Committee
             appointed
             to
             manage
             the
             Evidence
             at
             the
             Trial
             be
             present
             thereat
             ,
             this
             House
             will
             not
             oppose
             it
             ,
             saving
             their
             own
             Rights
             ;
             and
             in
             like
             cases
             the
             House
             leaves
             it
             to
             the
             Committee
             to
             proceed
             in
             such
             manner
             as
             they
             shall
             think
             agreeable
             to
             Law
             and
             Justice
             .
             And
             this
             to
             be
             the
             Subject
             Matter
             of
             the
             Conference
             ,
             and
             Mr.
             Whitlock
             is
             to
             manage
             it
             .
          
        
         
           
             Friday
             ,
             April
             2.
             1641.
             
             Post
             Merid.
             
          
           
             Mr.
             Pym
             went
             up
             to
             the
             Lords
             ,
             to
             desire
             ,
             That
             such
             of
             their
             Lordships
             as
             this
             House
             shall
             have
             occasion
             to
             make
             use
             of
             ,
             in
             the
             Trial
             of
             the
             Earl
             of
             Strafford
             ,
             would
             be
             pleased
             to
             be
             present
             at
             the
             said
             Trial
             ,
             and
             by
             Name
             the
             Lord
             Treasurer
             ,
             Lord
             Admiral
             ,
             Earl
             of
             Bristoll
             ,
             Earl
             of
             Holland
             ,
             and
             Lord
             Conway
             ,
             be
             also
             named
             to
             the
             House
             ,
             with
             some
             other
             Lords
             that
             the
             House
             should
             have
             occasion
             to
             make
             use
             of
             ;
             namely
             ,
             the
             Lord
             Primate
             of
             
               Armagh
               ,
               E.
               Morton
            
             ,
             and
             Lord
             Newburgh
             .
          
           
             Mr.
             Pym
             likewise
             nominated
             some
             Members
             of
             this
             House
             ,
             viz.
             Mr.
             Treasurer
             ,
             Sir
             
               William
               Pennyman
            
             ,
             Sir
             
               Iohn
               Hotham
            
             ,
             Sir
             
               Hugh
               Cholmly
            
             ,
             Mr.
             
               Henry
               Cholmy
            
             ,
             Mr.
             
               Thomas
               Price
            
             ,
             Sir
             
               Iohn
               Strangways
            
             ,
             Mr.
             Controllor
             ,
             Mr.
             
               Henry
               Piercy
            
             ,
             Sir
             
               William
               Envidale
            
             ,
             Sir
             
               Frederick
               Cornwallis
            
             ,
             Sir
             
               Henry
               Mildmay
            
             ,
             Mr.
             Nichols
             ,
             Mr.
             Fines
             ,
             Sir
             
               Thomas
               Heale
            
             ,
             Sir
             
               Thomas
               Barington
            
             ,
             Mr.
             
               Herbert
               Price
            
             ;
             a
             Note
             of
             these
             Names
             was
             given
             to
             the
             Serjeant
             at
             Arms
             ,
             attending
             on
             this
             House
             ;
             and
             he
             is
             Ordered
             to
             give
             Notice
             to
             the
             Members
             of
             the
             Lords
             ,
             to
             be
             present
             upon
             all
             occasions
             .
          
        
         
           
             Saturday
             ,
             April
             3.
             1641.
             
             Post
             Merid.
             
          
           
             The
             Petition
             of
             Thomas
             Earl
             of
             Strafford
             was
             this
             day
             read
             ,
             and
             the
             like
             Order
             made
             upon
             it
             ,
             as
             was
             made
             upon
             the
             Petition
             of
             the
             20th
             of
             March.
             
          
        
         
           
             Tuesday
             ,
             April
             6th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             The
             humble
             Petition
             of
             Thomas
             Earl
             of
             Strafford
             was
             read
             ,
             and
             the
             same
             Order
             made
             upon
             it
             as
             was
             upon
             that
             of
             the
             20th
             of
             March.
             
          
        
         
           
             Friday
             ,
             April
             9th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             The
             Lord
             Russel
             is
             appointed
             to
             go
             up
             to
             the
             Lords
             ,
             to
             desire
             a
             Conference
             by
             a
             Committee
             of
             both
             Houses
             ,
             concerning
             the
             Proceedings
             in
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             The
             Heads
             of
             the
             free
             Conference
             to
             be
             to
             this
             effect
             :
          
           
             To
             acquaint
             the
             Lords
             with
             the
             great
             Necessities
             of
             the
             Kingdom
             ,
             the
             Pressures
             of
             the
             Time
             ,
             and
             how
             much
             time
             has
             been
             spent
             in
             this
             Trial
             :
             
             How
             prejudicial
             it
             will
             be
             to
             the
             Kingdom
             ,
             if
             any
             more
             then
             has
             been
             be
             spent
             ,
             and
             therefore
             to
             desire
             that
             to
             morrow
             may
             be
             appointed
             for
             a
             Peremptory
             day
             ,
             for
             the
             Earl
             of
             Strafford
             to
             be
             heard
             ,
             if
             he
             will
             come
             ;
             otherwise
             that
             the
             Committee
             of
             this
             House
             may
             proceed
             to
             the
             Replication
             to
             the
             whole
             matter
             ,
             and
             the
             Earl
             of
             Strafford
             to
             be
             absolutely
             concluded
             ,
             for
             saying
             any
             more
             to
             the
             matter
             of
             Fact.
             
          
           
             Mr.
             Pym
             is
             to
             manage
             this
             Conference
             ,
             and
             Mr.
             Glyn
             and
             Mr.
             Hampden
             are
             joyned
             unto
             him
             as
             Assistants
             .
          
           
             Mr.
             Pym
             acquaints
             the
             House
             ,
             That
             he
             hath
             delivered
             to
             the
             Lords
             what
             he
             was
             intrusted
             with
             by
             this
             House
             ,
             concerning
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             .
             They
             gave
             no
             other
             Answer
             ,
             then
             that
             they
             would
             send
             Answer
             by
             Messengers
             of
             their
             own
             .
          
           
             A
             Message
             from
             the
             Lords
             by
             Baron
             Hendon
             and
             Mr.
             Heath
             .
          
           
             That
             the
             Lords
             have
             taken
             the
             last
             Message
             to
             this
             House
             into
             Consideration
             ,
             and
             have
             Resolved
             ,
             That
             if
             the
             Earl
             of
             Strafford
             come
             to
             morrow
             ,
             he
             may
             proceed
             according
             to
             the
             former
             Order
             ;
             if
             he
             comes
             not
             ,
             that
             then
             this
             House
             may
             proceed
             to
             Sum
             up
             the
             Evidence
             as
             to
             matter
             of
             Fact
             ,
             and
             the
             Earl
             of
             Strafford
             to
             be
             concluded
             as
             to
             matter
             of
             Fact.
             
          
        
         
           
             Saturday
             ,
             April
             10th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             Mr.
             Glyn
             Reports
             from
             the
             Committee
             ,
             for
             the
             Earl
             of
             Strafford
             ,
             some
             Grounds
             concerning
             the
             further
             Evidence
             that
             is
             offered
             by
             the
             Committee
             to
             corroborate
             the
             Evidence
             upon
             the
             latter
             part
             of
             the
             23.
             
             Article
             .
             And
             thereupon
             Sir
             
               Henry
               Vane
            
             the
             younger
             and
             Mr.
             Pym
             are
             appointed
             by
             this
             House
             ,
             to
             declare
             their
             whole
             knowledge
             concerning
             the
             matters
             contained
             in
             the
             23.
             
             Article
             against
             the
             Earl
             of
             Strafford
             ,
             and
             how
             ,
             and
             by
             what
             means
             they
             came
             to
             the
             knowledge
             thereof
             ,
             which
             when
             they
             had
             done
             ,
             what
             Paper
             was
             produced
             by
             Mr.
             Pym
             ,
             and
             so
             much
             of
             it
             read
             by
             him
             as
             concerned
             the
             Earl
             of
             Strafford
             :
             And
             then
             it
             was
             Resolved
             upon
             the
             Question
             ,
             That
             the
             Paper
             whereof
             Mr.
             Pym
             had
             now
             read
             in
             part
             ,
             shall
             be
             all
             of
             it
             read
             ,
             which
             was
             done
             ;
             and
             Notice
             being
             given
             of
             a
             Message
             from
             the
             Lords
             ,
             It
             was
             Ordered
             ,
             That
             all
             the
             Members
             keep
             their
             Seats
             ,
             and
             go
             not
             out
             of
             the
             House
             without
             leave
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             the
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             Strafford
             of
             High
             Treason
             shall
             be
             now
             read
             .
          
           
             And
             accordingly
             the
             Bill
             was
             twice
             read
             .
          
        
         
           
             Monday
             ,
             April
             12.
             
             Post
             Merid.
             
          
           
             The
             Heads
             of
             a
             Conference
             to
             be
             desired
             with
             the
             Lords
             touching
             the
             Proceedings
             against
             the
             Earl
             of
             Strafford
             .
          
           
             1.
             
             The
             Narrative
             of
             the
             Evidence
             the
             Committee
             intended
             to
             have
             given
             on
             Saturday
             last
             ,
             concerning
             which
             they
             resorted
             to
             the
             House
             of
             Commons
             for
             further
             Direction
             ,
             to
             which
             Evidence
             two
             Members
             of
             this
             House
             were
             ready
             to
             depose
             .
          
           
             The
             House
             fell
             into
             a
             great
             and
             long
             debate
             of
             the
             second
             Head.
             And
             in
             the
             mean
             time
             Mr.
             Hampden
             went
             up
             to
             the
             Lords
             with
             this
             Message
             ,
             to
             signifie
             unto
             their
             Lordships
             ,
             That
             this
             House
             is
             now
             in
             Debate
             of
             a
             business
             of
             great
             Importance
             ,
             which
             they
             do
             intend
             to
             Communicate
             unto
             their
             Lordships
             ,
             but
             are
             not
             yet
             fully
             ready
             for
             a
             Conference
             ;
             and
             therefore
             they
             do
             intreat
             their
             Lordships
             would
             be
             pleased
             to
             sit
             a
             little
             while
             ,
             and
             they
             hope
             they
             shall
             come
             up
             very
             suddenly
             unto
             them
             .
          
           
           
             The
             Earl
             of
             
             Strafford's
             Committee
             who
             retired
             to
             prepare
             the
             Second
             Head
             ,
             after
             some
             stay
             returned
             and
             presented
             this
             following
             to
             the
             House
             for
             a
             Second
             Head
             ,
             which
             was
             read
             and
             allowed
             of
             by
             the
             House
             ,
             
               (
               viz.
            
             )
          
           
             2.
             
             That
             the
             House
             having
             taken
             Consideration
             thereof
             ,
             did
             conceive
             it
             very
             material
             ,
             that
             in
             regard
             of
             the
             Danger
             and
             Distractions
             of
             the
             present
             Times
             ,
             and
             that
             what
             time
             might
             be
             spent
             in
             Debate
             touching
             the
             admitting
             of
             the
             Evidence
             ,
             they
             Resolved
             to
             come
             to
             a
             general
             Reply
             ,
             setting
             aside
             that
             Evidence
             for
             this
             time
             ,
             saving
             to
             themselves
             their
             Rights
             ,
             to
             make
             use
             of
             the
             said
             Evidence
             ,
             for
             the
             farther
             Prosecution
             of
             the
             23.
             
             Article
             ,
             if
             their
             Lordships
             shall
             be
             unsatisfied
             concerning
             the
             same
             ,
             without
             admitting
             the
             said
             Earl
             of
             Strafford
             to
             examine
             upon
             any
             of
             the
             other
             Articles
             ,
             which
             the
             House
             doth
             do
             ,
             to
             the
             end
             ,
             that
             the
             business
             might
             come
             to
             some
             speedy
             Conclusion
             ,
             the
             loss
             of
             time
             being
             of
             extream
             Danger
             and
             ill
             Consequence
             to
             the
             Common-wealth
             ,
             as
             they
             conceive
             .
          
           
             Mr.
             Hampden
             brings
             Answer
             ,
             That
             the
             Lords
             will
             sit
             a
             convenient
             time
             .
          
           
             3.
             
             The
             third
             Head
             ,
             That
             upon
             occasion
             of
             discovery
             of
             this
             Evidence
             ,
             a
             Paper
             was
             read
             in
             the
             House
             ,
             whereby
             it
             did
             appear
             ,
             that
             at
             the
             same
             time
             when
             the
             dangers
             abroad
             were
             spoken
             by
             the
             Earl
             of
             Strafford
             ,
             touching
             the
             bringing
             the
             Irish
             Army
             into
             England
             ,
             other
             words
             were
             spoken
             by
             two
             others
             then
             present
             ,
             descyphered
             by
             those
             Letters
             
               L.
               Arch.
            
             and
             
               L.
               Cott.
            
             (
             by
             which
             We
             conceive
             is
             meant
             the
             Lord
             Archbishop
             of
             Canterbury
             and
             Lord
             
               Cottington
               ,
            
             )
             very
             full
             of
             Pernicious
             Counsels
             to
             the
             King
             ,
             and
             Slander
             to
             the
             Commons
             Assembled
             in
             the
             last
             Parliament
             ;
             as
             will
             appear
             ,
             if
             their
             Lordships
             will
             be
             pleased
             to
             hear
             the
             Papers
             read
             ,
             which
             Paper
             the
             Committee
             is
             commanded
             to
             read
             ,
             and
             leave
             it
             to
             their
             Consideration
             ,
             and
             to
             desire
             that
             their
             Lordships
             will
             take
             some
             course
             ,
             that
             it
             may
             be
             duly
             examined
             by
             whom
             these
             words
             were
             spoken
             ,
             that
             there
             may
             be
             some
             further
             Proceedings
             ,
             to
             prevent
             the
             dangers
             that
             may
             ensue
             thereupon
             ,
             and
             that
             those
             Counsels
             may
             be
             looked
             into
             ,
             and
             searched
             to
             the
             bottom
             .
          
           
             These
             three
             Heads
             were
             all
             severally
             put
             to
             the
             Question
             ,
             and
             by
             Resolution
             upon
             the
             Question
             ,
             Ordered
             to
             be
             the
             Heads
             of
             this
             Conference
             .
          
           
             Mr.
             Stroud
             went
             up
             to
             the
             Lords
             with
             this
             Message
             ,
             to
             desire
             a
             Conference
             with
             their
             Lordships
             ,
             by
             a
             Committee
             of
             both
             Houses
             ,
             touching
             the
             Proceedings
             against
             the
             Earl
             of
             Strafford
             ,
             and
             some
             other
             matters
             lately
             discovered
             .
          
           
             Ordered
             ,
             That
             at
             the
             next
             sitting
             of
             the
             House
             the
             Bill
             for
             the
             Attainder
             of
             the
             Earl
             of
             Strafford
             shall
             be
             read
             the
             second
             time
             ,
             and
             Mr.
             Speaker
             is
             to
             put
             the
             House
             in
             mind
             of
             this
             Order
             .
          
           
             A
             Message
             from
             the
             Lords
             by
             Mr.
             Heath
             and
             Serjeant
             Glanvil
             .
          
           
             The
             Lords
             desire
             a
             present
             Conference
             ,
             by
             a
             Committee
             of
             both
             Houses
             ,
             in
             the
             Painted-Chamber
             ,
             if
             it
             may
             stand
             with
             the
             conveniency
             of
             this
             House
             ,
             concerning
             the
             last
             Conference
             about
             the
             Proceedings
             against
             the
             said
             Earl.
             
          
           
             Answer
             returned
             by
             the
             same
             Messengers
             ,
             That
             this
             House
             has
             taken
             their
             Lordships
             Message
             into
             Consideration
             ,
             and
             will
             give
             a
             present
             meeting
             ,
             as
             is
             desired
             .
          
           
             The
             Committee
             appointed
             to
             manage
             the
             Evidence
             at
             the
             Trial
             ,
             are
             appointed
             Reporters
             of
             this
             Conference
             .
          
           
             Mr.
             Glyn
             Reports
             the
             Conference
             with
             the
             Lords
             to
             this
             purpose
             :
          
           
             That
             the
             Lord
             Steward
             spake
             in
             the
             Name
             of
             the
             Lords
             ,
             and
             did
             declare
             ,
             That
             their
             Lordships
             are
             Resolved
             this
             House
             may
             proceed
             ,
             as
             formerly
             was
             intended
             ,
             before
             the
             offer
             of
             further
             Evidence
             to
             be
             
             propounded
             ,
             the
             Earl
             of
             Strafford
             to
             recollect
             his
             Evidence
             first
             ,
             and
             that
             being
             done
             ,
             the
             Members
             of
             the
             House
             of
             Commons
             to
             state
             their
             Evidence
             ,
             and
             this
             to
             be
             done
             to
             morrow
             morning
             ,
             whereof
             they
             will
             give
             the
             Earl
             of
             Strafford
             Notice
             .
          
        
         
           
             Tuesday
             ,
             April
             13th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             The
             House
             only
             met
             and
             adjourned
             till
             the
             next
             morning
             .
          
        
         
           
             Wednesday
             ,
             April
             14th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             An
             Act
             was
             read
             the
             second
             time
             for
             the
             Attainder
             of
             Thomas
             Earl
             of
             Strafford
             of
             High
             Treason
             ,
             upon
             the
             Question
             ,
             Committed
             unto
             a
             Committee
             of
             the
             whole
             House
             ,
             Mr.
             Speaker
             sitting
             by
             .
          
           
             The
             Order
             for
             Resolving
             the
             House
             into
             a
             Committee
             ,
             to
             Consider
             of
             the
             Bill
             ,
             for
             the
             Attainder
             of
             Thomas
             Earl
             of
             Strafford
             of
             High
             Treason
             ,
             was
             read
             ,
             and
             accordingly
             the
             House
             was
             Resolved
             into
             a
             Committee
             ,
             and
             Mr.
             Peard
             called
             to
             the
             Chair
             .
          
           
             Then
             Mr.
             Speaker
             assumed
             the
             Chair
             .
          
           
             A
             Message
             from
             the
             Lords
             by
             Judge
             Reeves
             and
             Serjeant
             Glanvile
             ,
             That
             their
             Lordships
             have
             appointed
             to
             hear
             the
             Council
             of
             the
             Earl
             of
             Strafford
             to
             morrow
             at
             Eight
             of
             the
             Clock
             in
             Westminster-Hall
             ,
             concerning
             the
             matter
             of
             Law.
             
          
        
         
           
             Thursday
             ,
             April
             15th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             Mr.
             
               Arthur
               Capel
            
             went
             up
             to
             the
             Lords
             with
             a
             Message
             ,
             To
             desire
             a
             free
             Conference
             by
             a
             Committee
             of
             both
             Houses
             ,
             concerning
             the
             Proceedings
             against
             Thomas
             Earl
             of
             Strafford
             ,
             so
             soon
             as
             it
             may
             stand
             with
             their
             Lordships
             Conveniency
             .
          
           
             
               Mr.
               Solicitor
               ,
            
             
               Mr.
               Maynard
               ,
            
             
               Mr.
               Glyn
               ,
            
             
               Sir
               Iohn
               Culpepper
               ,
            
             
               Mr.
               Pym
               ,
            
             
               Mr.
               Whitlock
               ,
            
             
               Mr.
               Whistler
               ,
            
             
               Mr.
               Stroud
               .
            
          
           
             As
             a
             Committee
             are
             to
             retire
             presently
             into
             the
             Committee-Chamber
             ,
             to
             prepare
             Heads
             for
             a
             Conference
             ,
             concerning
             the
             Proceedings
             against
             the
             Earl
             of
             Strafford
             .
          
           
             Mr.
             Maynard
             Reports
             from
             this
             Committee
             ,
             the
             Heads
             of
             the
             Conference
             to
             be
             desired
             with
             the
             Lords
             ,
             concerning
             the
             Proceedings
             against
             the
             Earl
             of
             Strafford
             ,
             to
             this
             effect
             .
          
           
             1.
             
             To
             offer
             unto
             their
             Lordships
             ,
             that
             it
             was
             last
             night
             Five
             of
             the
             Clock
             before
             this
             Intimation
             of
             their
             Lordships
             Intentions
             ,
             to
             hear
             the
             Earl
             of
             
             Strafford's
             Council
             ,
             came
             to
             this
             House
             .
          
           
             2.
             
             That
             upon
             some
             Conferences
             heretofore
             had
             with
             their
             Lordships
             ,
             a
             saving
             was
             made
             by
             this
             House
             in
             the
             Point
             ,
             Whether
             Counsel
             should
             be
             heard
             or
             not
             ?
             and
             it
             's
             not
             now
             time
             to
             consider
             ,
             Whether
             they
             should
             depart
             from
             this
             saving
             .
          
           
             3.
             
             Great
             difficulties
             to
             know
             to
             what
             purpose
             the
             Counsel
             shall
             be
             heard
             ,
             the
             Case
             not
             being
             stated
             ,
             agreed
             on
             ,
             or
             made
             ,
             when
             to
             propound
             the
             danger
             and
             inconveniencies
             ;
             if
             his
             Counsel
             make
             a
             Case
             ,
             and
             ravel
             into
             all
             our
             Evidence
             in
             such
             an
             Auditory
             ;
             and
             whether
             to
             put
             the
             Case
             
             as
             it
             is
             alledged
             in
             the
             Articles
             ,
             that
             the
             Evidence
             of
             Fact
             being
             given
             ,
             it
             was
             in
             Propositions
             ,
             from
             the
             beginning
             ,
             to
             go
             by
             way
             of
             Bill
             ,
             and
             that
             a
             Bill
             is
             Exhibited
             here
             for
             his
             Attainder
             .
          
           
             That
             the
             Proceedings
             ,
             by
             way
             of
             Bill
             ,
             stands
             in
             no
             way
             of
             opposition
             to
             those
             Proceedings
             ,
             that
             have
             already
             been
             in
             this
             business
             .
             These
             several
             Considerations
             make
             more
             difficulty
             in
             this
             House
             ,
             than
             to
             come
             to
             a
             sudden
             and
             present
             Resolution
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             these
             shall
             be
             the
             Heads
             of
             this
             Conference
             ;
             the
             Committee
             appointed
             to
             prepare
             the
             Heads
             ,
             are
             likewise
             appointed
             to
             manage
             and
             Report
             the
             Conference
             ,
             if
             occasion
             be
             .
          
           
             Mr.
             Maynard
             Reports
             ,
             That
             the
             Earl
             Marshall
             acquainted
             them
             ,
             that
             he
             had
             made
             a
             Report
             of
             what
             had
             been
             delivered
             by
             the
             House
             of
             Commons
             ,
             and
             they
             had
             entred
             into
             Debate
             about
             it
             ,
             and
             so
             soon
             as
             they
             had
             come
             to
             a
             Resolution
             ,
             they
             would
             send
             Answer
             by
             Messengers
             of
             their
             own
             .
             But
             in
             the
             mean
             time
             they
             had
             put
             off
             the
             hearing
             of
             the
             Earl
             of
             
             Strafford's
             Counsel
             for
             this
             day
             .
          
           
             Ordered
             ,
             That
             the
             House
             be
             Resolved
             into
             a
             Committee
             ,
             to
             debate
             further
             the
             Bill
             of
             Attainder
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             A
             Message
             from
             the
             Lords
             by
             Judge
             Foster
             and
             Mr.
             Heath
             ,
             That
             the
             Lords
             desire
             a
             free
             Conference
             ,
             by
             a
             Committee
             of
             both
             Houses
             ,
             concerning
             the
             business
             of
             the
             Proceedings
             against
             the
             Earl
             of
             Strafford
             presently
             ,
             (
             if
             it
             may
             stand
             with
             the
             conveniency
             of
             this
             House
             )
             in
             the
             Painted-Chamber
             .
          
           
             Answer
             returned
             by
             the
             same
             Messengers
             ,
             That
             this
             House
             will
             give
             a
             meeting
             presently
             ,
             as
             is
             desired
             .
          
           
             The
             same
             Committee
             that
             managed
             the
             Conference
             this
             morning
             ,
             are
             to
             manage
             this
             ,
             and
             to
             Report
             it
             ,
             if
             occasion
             be
             .
             Mr.
             Fines
             is
             added
             to
             the
             Committee
             ;
             if
             any
             new
             matter
             be
             propounded
             by
             the
             Lords
             at
             this
             Conference
             ,
             the
             Committee
             is
             to
             give
             no
             Answer
             unto
             it
             ,
             but
             to
             Report
             it
             to
             the
             House
             .
          
           
             Mr.
             Whitlock
             Reports
             this
             Conference
             ,
             That
             the
             Lord
             Say
             told
             them
             ,
             That
             they
             had
             taken
             into
             Consideration
             the
             great
             business
             ,
             and
             were
             not
             absolutely
             Resolved
             how
             it
             should
             proceed
             ,
             that
             the
             Earl
             of
             
             Strafford's
             Counsel
             should
             have
             Notice
             to
             attend
             there
             to
             morrow
             ,
             and
             should
             not
             speak
             to
             any
             matter
             of
             Fact
             ,
             but
             to
             matter
             of
             Law
             ;
             only
             it
             was
             afterwards
             said
             by
             another
             Lord
             ,
             That
             the
             time
             was
             so
             short
             ,
             that
             they
             had
             Resolved
             not
             to
             send
             for
             him
             ,
             till
             they
             heard
             from
             this
             House
             .
          
        
         
           
             Friday
             ,
             April
             16th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             Ordered
             ,
             That
             the
             House
             do
             first
             take
             into
             Consideration
             the
             Report
             of
             the
             Conference
             with
             the
             Lords
             Yesterday
             ,
             concerning
             the
             Proceedings
             against
             the
             Earl
             of
             Strafford
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             it
             is
             sufficiently
             proved
             ,
             that
             the
             Earl
             of
             Strafford
             hath
             endeavoured
             to
             subvert
             the
             ancient
             and
             Fundamental
             Laws
             of
             the
             Realms
             of
             England
             and
             Ireland
             ,
             and
             to
             introduce
             Arbitrary
             and
             Tyrannical
             Government
             against
             Law.
             
          
           
             Mr.
             Peard
             went
             up
             to
             the
             Lords
             with
             a
             Message
             to
             this
             effect
             :
          
           
             That
             this
             House
             at
             present
             is
             in
             Debate
             of
             a
             great
             business
             ,
             and
             fear
             they
             cannot
             come
             to
             a
             Resolution
             so
             soon
             as
             to
             come
             to
             their
             Lordships
             for
             a
             Conference
             this
             Afternoon
             ;
             If
             they
             can
             ,
             they
             Resolve
             to
             sit
             this
             Afternoon
             ,
             and
             desire
             their
             Lordships
             to
             do
             the
             like
             ,
             if
             it
             may
             stand
             with
             their
             Conveniency
             .
          
           
           
             Mr.
             Peard
             brings
             Answer
             ,
             That
             their
             Lordships
             will
             meet
             at
             Four
             of
             the
             Clock
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             a
             Committee
             of
             the
             whole
             House
             shall
             hear
             the
             Earl
             of
             
             Strafford's
             Counsel
             in
             Westminster-Hall
             ,
             concerning
             matter
             of
             Law.
             
          
           
             Ordered
             ,
             That
             the
             House
             do
             this
             Afternoon
             take
             the
             Proceedings
             against
             the
             Earl
             of
             Strafford
             into
             further
             Consideration
             .
          
           
             The
             Committee
             is
             to
             retire
             presently
             into
             the
             Committee-Chamber
             ,
             to
             prepare
             Heads
             for
             a
             Conference
             to
             be
             desired
             with
             the
             Lords
             ,
             concerning
             the
             further
             Proceedings
             against
             the
             Earl
             of
             Strafford
             .
          
           
             Mr.
             Maynard
             Reports
             the
             Heads
             of
             this
             Conference
             to
             this
             effect
             :
          
           
             1.
             
             To
             take
             Notice
             of
             their
             Lordships
             Resolution
             ,
             to
             hear
             the
             Earl
             of
             
             Strafford's
             Council
             in
             matter
             of
             Law.
             
          
           
             2.
             
             To
             put
             their
             Lordships
             in
             mind
             of
             the
             saving
             of
             this
             House
             in
             that
             Point
             ,
             and
             further
             to
             tell
             them
             ,
             That
             if
             after
             his
             Council
             shall
             be
             heard
             ,
             any
             doubt
             shall
             remain
             with
             their
             Lordships
             ,
             they
             shall
             be
             ready
             to
             satisfie
             them
             in
             due
             time
             .
          
           
             3.
             
             That
             to
             this
             end
             they
             do
             intend
             to
             send
             a
             Committee
             of
             this
             House
             ,
             only
             to
             hear
             what
             his
             Council
             shall
             say
             .
             These
             Particulars
             raised
             some
             Debate
             in
             the
             House
             ,
             and
             being
             put
             to
             the
             Question
             ,
             the
             House
             was
             divided
             upon
             it
             ;
             but
             yet
             after
             the
             Tellers
             were
             appointed
             ,
             the
             Noes
             yielded
             to
             the
             Yeas
             without
             telling
             .
          
           
             4.
             
             To
             desire
             that
             their
             Lordships
             will
             be
             pleased
             to
             use
             all
             Expedition
             to
             put
             an
             end
             to
             this
             Trial
             ,
             as
             much
             as
             in
             Justice
             may
             be
             .
          
           
             5.
             
             To
             desire
             a
             continuance
             of
             their
             Care
             ,
             that
             the
             Counsel
             ,
             under
             colour
             of
             speaking
             to
             the
             matter
             of
             Law
             ,
             ravel
             not
             into
             the
             matter
             of
             Fact.
             
          
           
             Sir
             
               Robert
               Harly
            
             went
             up
             to
             the
             Lords
             ,
             to
             desire
             a
             free
             Conference
             with
             their
             Lordships
             by
             a
             Committee
             of
             both
             Houses
             ,
             upon
             the
             free
             Conference
             had
             Yesterday
             with
             their
             Lordships
             ,
             concerning
             the
             further
             Proceedings
             against
             the
             Earl
             of
             Strafford
             .
          
           
             Sir
             
               Robert
               Harly
            
             brings
             Answer
             ,
             That
             their
             Lordships
             will
             give
             a
             present
             meeting
             ,
             as
             is
             desired
             .
          
           
             The
             Committee
             that
             was
             appointed
             to
             prepare
             Heads
             for
             the
             Conference
             ,
             concerning
             the
             further
             Proceedings
             against
             the
             Earl
             of
             Strafford
             ,
             are
             to
             manage
             this
             Conference
             ,
             and
             to
             Report
             it
             ,
             if
             occasion
             be
             .
          
           
             Ordered
             ,
             That
             the
             Committee
             formerly
             appointed
             to
             preserve
             places
             for
             the
             Committee
             of
             the
             whole
             House
             in
             Westminster-Hall
             ,
             do
             apply
             their
             Endeavours
             in
             that
             Service
             .
          
           
             A
             Message
             from
             the
             Lords
             by
             Justice
             Foster
             and
             Justice
             Heath
             ,
             That
             the
             Lords
             have
             sent
             this
             Message
             ,
             that
             they
             will
             be
             set
             to
             morrow
             at
             ten
             in
             the
             Forenoon
             in
             Westminster-Hall
             ,
             to
             hear
             the
             Earl
             of
             
             Strafford's
             Council
             in
             matter
             of
             Law.
             
          
        
         
           
             Saturday
             ,
             April
             17th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             Ordered
             ,
             That
             the
             House
             be
             Resolved
             into
             a
             Grand
             Committee
             ,
             to
             take
             into
             further
             Consideration
             the
             Bill
             of
             Attainder
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             Mr.
             Speaker
             left
             the
             Chair
             ,
             Mr.
             Peard
             was
             called
             to
             the
             Chair
             of
             the
             Grand
             Committee
             ,
             and
             Mr.
             Speaker
             again
             assumed
             the
             Chair
             .
          
           
             Ordered
             ,
             That
             the
             Debate
             of
             the
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             Strafford
             ,
             be
             resumed
             on
             Monday
             morning
             at
             Seven
             of
             the
             Clock
             .
          
        
         
           
           
             Monday
             ,
             April
             19th
             ,
             1641.
             
          
           
             Ordered
             ,
             That
             after
             the
             Conference
             shall
             be
             ended
             ,
             the
             House
             shall
             again
             be
             Resolved
             into
             a
             Committee
             ,
             to
             resume
             the
             farther
             Debate
             of
             the
             Earl
             of
             Strafford
             ,
             and
             all
             the
             Members
             are
             required
             to
             return
             from
             the
             Conference
             to
             the
             House
             .
          
           
             Resolved
             upon
             the
             Question
             ,
             That
             the
             endeavour
             of
             Thomas
             Earl
             of
             Strafford
             to
             subvert
             the
             Ancient
             and
             Fundamental
             Laws
             of
             the
             Realm
             of
             England
             and
             Ireland
             ,
             and
             to
             Introduce
             an
             Arbitrary
             and
             Tyrannical
             Government
             ,
             against
             Law
             ,
             in
             both
             these
             Kingdoms
             ,
             is
             High
             Treason
             .
          
        
         
           
             The
             Lord
             Digbye's
             Speech
             in
             the
             House
             of
             Commons
             ,
             to
             the
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             
               Strafford
               ,
               April
            
             21.
             1641.
             
          
           
             Mr.
             Speaker
             ,
             We
             are
             now
             upon
             the
             Point
             of
             giving
             (
             as
             much
             as
             in
             Us
             lies
             )
             the
             Final
             Sentence
             unto
             Death
             or
             Life
             on
             a
             great
             Minister
             of
             State
             ,
             and
             Peer
             of
             this
             Kingdom
             ,
             Thomas
             Earl
             of
             Strafford
             ,
             a
             Name
             of
             hatred
             in
             the
             present
             Age
             ,
             by
             his
             Practices
             ,
             and
             fit
             to
             be
             made
             a
             Terrour
             to
             future
             Ages
             by
             his
             Punishment
             .
          
           
             I
             have
             had
             the
             Honour
             to
             be
             Imployed
             by
             the
             House
             in
             this
             great
             business
             ,
             from
             the
             first
             hour
             that
             it
             was
             taken
             into
             Consideration
             ;
             It
             was
             matter
             of
             great
             Trust
             ,
             (
             and
             I
             will
             say
             with
             confidence
             )
             that
             I
             have
             served
             the
             House
             in
             it
             both
             with
             Industry
             ,
             according
             to
             my
             ability
             ,
             and
             with
             most
             exact
             Faithfulness
             and
             Secrecy
             .
          
           
             And
             as
             I
             have
             hitherto
             discharged
             my
             Duty
             to
             this
             House
             ,
             and
             to
             my
             Country
             ,
             in
             the
             Progress
             of
             this
             Great
             Cause
             ,
             so
             I
             trust
             I
             shall
             do
             now
             in
             the
             last
             period
             of
             it
             ,
             to
             God
             and
             to
             a
             good
             Conscience
             .
          
           
             I
             do
             wish
             the
             peace
             of
             that
             unto
             my self
             ,
             and
             the
             blessings
             of
             Almighty
             God
             to
             me
             and
             my
             Posterity
             ,
             according
             as
             my
             judgment
             on
             the
             life
             of
             this
             man
             shall
             be
             consonant
             with
             my
             heart
             ,
             and
             the
             best
             of
             my
             understanding
             in
             all
             Integrity
             .
          
           
             I
             know
             well
             Mr.
             Speaker
             ,
             that
             by
             some
             things
             I
             have
             said
             of
             late
             ,
             whilst
             this
             Bill
             ,
             was
             in
             agitation
             ,
             I
             have
             raised
             some
             prejudices
             upon
             me
             in
             the
             Cause
             .
          
           
             Yea
             some
             (
             I
             thank
             them
             for
             their
             plain
             dealing
             )
             have
             been
             so
             free
             as
             to
             tell
             me
             ,
             that
             I
             suffered
             much
             by
             the
             backwardness
             I
             have
             shewn
             in
             this
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             Strafford
             ,
             against
             whom
             I
             had
             been
             formerly
             so
             keen
             and
             so
             active
             .
          
           
             Mr.
             Speaker
             ,
             I
             beg
             of
             you
             and
             the
             rest
             but
             a
             suspension
             of
             Judgment
             concerning
             me
             ,
             till
             I
             have
             opened
             my
             heart
             unto
             you
             freely
             and
             clearly
             in
             this
             business
             .
          
           
             Truly
             Sir
             ,
             I
             am
             still
             the
             same
             in
             my
             Opinions
             and
             Affections
             ,
             as
             unto
             the
             Earl
             of
             Strafford
             ,
             I
             confidently
             believe
             him
             the
             most
             dangerous
             Minister
             ,
             the
             most
             insupportable
             to
             free
             Subjects
             that
             can
             be
             charactared
             .
          
           
             I
             believe
             his
             Practices
             in
             themselves
             have
             been
             as
             High
             ,
             as
             Tyrannical
             ,
             as
             any
             Subject
             ever
             ventured
             on
             ,
             and
             the
             malignity
             of
             them
             are
             hugely
             aggravated
             by
             those
             rare
             abilities
             of
             his
             ,
             whereof
             God
             hath
             given
             him
             the
             use
             ,
             but
             the
             Devil
             the
             application
             (
             in
             a
             word
             )
             I
             believe
             him
             still
             that
             grand
             Apostate
             to
             the
             Common-wealth
             ,
             who
             must
             not
             expect
             to
             be
             pardoned
             in
             this
             World
             ,
             till
             he
             be
             dispatched
             to
             the
             other
             .
             And
             yet
             let
             me
             tell
             you
             Mr.
             Speaker
             ,
             my
             hand
             must
             not
             be
             to
             that
             dispatch
             ,
             I
             protest
             ,
             as
             my
             Conscience
             stands
             informed
             ,
             I
             had
             rather
             it
             were
             off
             .
          
           
           
             Let
             me
             unfold
             unto
             you
             the
             mystery
             Mr.
             Speaker
             ,
             I
             will
             not
             dwell
             much
             upon
             justifying
             unto
             you
             my
             seeming
             variance
             at
             this
             time
             from
             what
             I
             was
             formerly
             ,
             but
             by
             putting
             you
             in
             mind
             of
             the
             difference
             between
             Prosecutors
             and
             Judges
             .
          
           
             How
             misbecoming
             that
             fervour
             would
             be
             in
             a
             Judge
             ,
             which
             perhaps
             was
             commendable
             in
             a
             Prosecutor
             ;
             Judges
             we
             are
             now
             ,
             and
             must
             put
             on
             another
             Personage
             .
          
           
             It
             is
             honest
             and
             noble
             to
             be
             earnest
             in
             order
             to
             the
             discovery
             of
             Truth
             ,
             but
             when
             that
             hath
             been
             brought
             as
             far
             as
             it
             can
             to
             light
             ,
             our
             judgment
             thereupon
             ought
             to
             be
             calm
             and
             cautious
             .
          
           
             In
             prosecution
             upon
             probable
             Grounds
             ,
             we
             are
             accountable
             only
             for
             our
             industry
             or
             remisness
             ,
             but
             in
             judgment
             ;
             We
             are
             deeply
             responsible
             to
             God
             Almighty
             ,
             for
             it's
             Rectitude
             or
             Obliquity
             in
             Cases
             of
             Life
             ,
             the
             Judge
             is
             God's
             Steward
             of
             the
             Parties
             blood
             ,
             and
             must
             give
             a
             strict
             account
             for
             every
             drop
             .
          
           
             But
             as
             I
             told
             you
             Mr.
             Speaker
             ,
             I
             will
             not
             insist
             long
             upon
             the
             Ground
             of
             Difference
             in
             me
             now
             ,
             from
             what
             I
             was
             formerly
             .
          
           
             The
             truth
             on
             't
             is
             ,
             Sir
             ,
             the
             same
             Ground
             whereupon
             I
             (
             with
             the
             rest
             of
             the
             Five
             ,
             to
             whom
             you
             first
             committed
             the
             Consideration
             of
             my
             Lord
             Strafford
             )
             brought
             down
             our
             Opinion
             ,
             That
             it
             was
             fit
             he
             should
             be
             Accused
             of
             Treason
             ,
             upon
             the
             same
             Ground
             I
             was
             engaged
             with
             earnestness
             in
             his
             Prosecution
             ,
             and
             had
             the
             same
             Ground
             remained
             in
             that
             force
             of
             belief
             with
             me
             ,
             which
             ,
             till
             very
             lately
             it
             did
             ,
             I
             should
             not
             have
             been
             tender
             in
             his
             Condemnation
             .
             But
             truly
             ,
             Sir
             ,
             to
             deal
             plainly
             with
             you
             ,
             that
             Ground
             of
             our
             Accusation
             ,
             That
             Spur
             to
             our
             Prosecution
             ,
             and
             that
             which
             should
             be
             the
             basis
             of
             my
             judgment
             ,
             of
             the
             Earl
             of
             Strafford
             ,
             as
             unto
             Treason
             ,
             is
             to
             my
             understanding
             quite
             vanisht
             away
             .
          
           
             This
             it
             was
             ,
             Mr.
             Speaker
             ,
          
           
             His
             Advising
             the
             King
             to
             employ
             the
             Army
             of
             Ireland
             ,
             to
             reduce
             England
             .
          
           
             This
             I
             was
             assured
             would
             be
             proved
             ,
             before
             I
             gave
             my
             consent
             to
             his
             Accusation
             .
             I
             was
             confirmed
             in
             the
             same
             belief
             ,
             during
             the
             Prosecution
             ,
             and
             fortified
             in
             it
             most
             of
             all
             since
             Sir
             Henry
             Vane's
             preparatory
             Examination
             ,
             by
             the
             assurances
             which
             that
             worthy
             Member
             ,
             Mr.
             Pym
             gave
             me
             ,
             that
             his
             Testimony
             would
             be
             made
             convincing
             ,
             by
             some
             Notes
             of
             what
             passed
             at
             that
             Iunto
             concurrent
             with
             it
             ,
             which
             I
             ever
             understanding
             to
             be
             of
             some
             other
             Councellor
             ,
             you
             see
             now
             ,
             prove
             but
             a
             Copy
             of
             the
             same
             Secretaries
             Notes
             ,
             discovered
             and
             produc'd
             in
             the
             manner
             you
             have
             heard
             ,
             and
             those
             such
             disjoynted
             Fragments
             of
             the
             Venemous
             part
             of
             Discourses
             ,
             no
             Results
             ,
             no
             Conclusions
             of
             Counsels
             ,
             which
             are
             the
             only
             things
             that
             Secretaries
             should
             Register
             ,
             there
             being
             no
             use
             at
             all
             of
             the
             other
             ,
             but
             to
             Accuse
             and
             to
             bring
             men
             into
             danger
             .
          
           
             But
             ,
             Sir
             ,
             this
             is
             not
             that
             which
             overthrows
             the
             Evidence
             with
             me
             ,
             concerning
             the
             Army
             of
             Ireland
             ,
             nor
             yet
             ,
             that
             all
             the
             rest
             of
             the
             Iunto
             ,
             upon
             their
             Oaths
             ,
             remember
             nothing
             of
             it
             .
          
           
             But
             this
             ,
             Sir
             ,
             which
             I
             shall
             tell
             you
             ,
             is
             that
             which
             works
             with
             me
             ,
             under
             favour
             ,
             to
             an
             utter
             overthrow
             of
             his
             Evidence
             ,
             as
             unto
             that
             of
             the
             Army
             of
             Ireland
             ;
             before
             ,
             whilst
             I
             was
             a
             Prosecutor
             ,
             and
             under
             tie
             of
             Secrecy
             ,
             I
             might
             not
             discover
             any
             weakness
             of
             the
             Cause
             ,
             which
             now
             as
             a
             Judge
             I
             must
             .
          
           
             Mr.
             Secretary
             was
             examined
             thrice
             upon
             Oath
             ,
             at
             the
             preparatory
             Committee
             .
          
           
           
             The
             first
             time
             he
             was
             questioned
             to
             all
             the
             Interrogatories
             ,
             and
             to
             that
             part
             of
             the
             Seventh
             ,
             which
             concerns
             the
             Army
             of
             Ireland
             :
             He
             said
             positively
             in
             these
             words
             ,
             
               I
               cannot
               Charge
               him
               with
               that
               .
            
             But
             for
             the
             rest
             ,
             he
             desires
             time
             to
             recollect
             himself
             ,
             which
             was
             granted
             him
             .
          
           
             Some
             days
             after
             he
             was
             Examined
             a
             second
             time
             ,
             and
             then
             deposes
             these
             words
             ,
             concerning
             the
             King's
             being
             Absolved
             from
             Rules
             of
             Government
             ,
             and
             so
             forth
             ,
             very
             clearly
             .
             But
             being
             prest
             to
             that
             part
             ,
             concerning
             the
             Irish
             Army
             ,
             He
             said
             again
             ,
             
               I
               can
               say
               nothing
               to
               that
               .
            
          
           
             Here
             we
             thought
             we
             had
             done
             with
             him
             ,
             till
             divers
             weeks
             after
             ,
             my
             Lord
             of
             Northumberland
             ,
             and
             all
             others
             of
             the
             Iunto
             ,
             denying
             to
             have
             heard
             any
             thing
             concerning
             those
             words
             ,
             Of
             reducing
             England
             by
             the
             Irish
             Army
             .
             It
             was
             thought
             fit
             to
             Examine
             the
             Secretary
             once
             more
             ,
             and
             then
             he
             deposes
             these
             words
             to
             have
             been
             said
             by
             the
             Earl
             of
             Strafford
             to
             His
             Majesty
             ,
             
               You
               have
               an
               Army
               in
            
             Ireland
             ,
             
               which
               you
               may
               Imploy
               here
               ,
               to
               reduce
            
             (
             or
             some
             word
             to
             that
             sense
             )
             
               this
               Kingdom
            
             .
          
           
             Mr.
             Speaker
             ,
             these
             are
             the
             Circumstances
             which
             ,
             I
             confess
             with
             my
             Conscience
             ,
             thrust
             quite
             out
             of
             doors
             that
             Grand
             Article
             of
             our
             Charge
             ,
             concerning
             his
             desperate
             Advice
             to
             the
             King
             ,
             of
             Employing
             the
             Irish
             Army
             here
             .
          
           
             Let
             not
             this
             ,
             I
             beseech
             you
             ,
             be
             driven
             to
             an
             Aspersion
             upon
             Mr.
             Secretary
             ,
             as
             if
             he
             should
             have
             Sworn
             otherwise
             than
             he
             knew
             or
             believed
             ;
             he
             is
             too
             worthy
             to
             do
             that
             ;
             only
             let
             thus
             much
             be
             inferred
             from
             it
             ,
             that
             he
             ,
             who
             twice
             upon
             Oath
             ,
             with
             time
             of
             recollection
             ,
             could
             not
             remember
             any
             thing
             of
             such
             a
             business
             ,
             might
             well
             a
             third
             time
             mis-remember
             somewhat
             in
             this
             business
             ,
             the
             difference
             of
             one
             letter
             ,
             here
             for
             there
             ,
             or
             that
             for
             this
             ,
             quite
             alters
             the
             Case
             ,
             the
             latter
             also
             being
             more
             probable
             ,
             since
             it
             is
             confest
             of
             all
             hands
             ,
             that
             the
             Debate
             then
             was
             concerning
             a
             War
             with
             Scotland
             ;
             and
             you
             may
             remember
             ,
             that
             at
             the
             Bar
             he
             once
             said
             ,
             To
             employ
             there
             .
             And
             thus
             ,
             Mr.
             Speaker
             ,
             I
             have
             faithfully
             given
             you
             an
             account
             what
             it
             is
             that
             hath
             blunted
             the
             edge
             of
             the
             Hatchet
             or
             Bill
             with
             me
             towards
             my
             Lord
             of
             Strafford
             .
          
           
             This
             was
             that
             whereupon
             I
             Accused
             him
             with
             a
             free
             heart
             ,
             Prosecuted
             him
             with
             earnestness
             ,
             and
             had
             it
             ,
             to
             my
             understanding
             ,
             been
             proved
             ,
             should
             have
             condemned
             him
             with
             Innocence
             .
             Whereas
             now
             I
             cannot
             satisfie
             my
             Conscience
             to
             do
             it
             .
          
           
             I
             profess
             ,
             I
             can
             have
             no
             notion
             of
             any
             bodies
             intent
             to
             subvert
             the
             Laws
             Treasonably
             ,
             or
             by
             force
             ;
             and
             this
             design
             of
             Force
             not
             appearing
             ,
             all
             his
             other
             wicked
             Practises
             cannot
             amount
             so
             high
             with
             me
             .
          
           
             I
             can
             find
             a
             more
             easie
             and
             more
             natural
             Spring
             ,
             from
             whence
             to
             derive
             all
             his
             other
             Crimes
             ,
             than
             from
             an
             intent
             to
             bring
             in
             Tyranny
             ,
             and
             to
             make
             his
             own
             Posterity
             ,
             as
             well
             as
             Us
             ,
             Slaves
             ;
             as
             from
             Revenge
             ,
             from
             Pride
             ,
             from
             Avarice
             ,
             from
             Passion
             ,
             and
             Insolence
             of
             Nature
             .
          
           
             But
             had
             this
             of
             the
             Irish
             Army
             been
             proved
             ,
             it
             would
             have
             diffused
             a
             Complexion
             of
             Treason
             over
             all
             ,
             it
             would
             have
             been
             a
             Withe
             ,
             indeed
             ,
             to
             bind
             all
             those
             other
             scattered
             and
             lesser
             branches
             ,
             as
             it
             were
             ,
             into
             a
             Faggot
             of
             Treason
             .
          
           
             I
             do
             not
             say
             but
             the
             rest
             may
             represent
             him
             a
             man
             as
             worthy
             to
             die
             ,
             but
             perhaps
             worthier
             than
             many
             a
             Traytor
             .
             I
             do
             not
             say
             ,
             but
             they
             may
             justly
             direct
             Us
             to
             Enact
             ,
             That
             they
             shall
             be
             Treason
             for
             the
             future
             .
          
           
             But
             God
             keep
             me
             from
             giving
             Judgment
             of
             Death
             on
             any
             man
             ,
             and
             of
             Ruine
             to
             his
             innocent
             Posterity
             ,
             upon
             a
             Law
             made
             
               a
               Posteriori
            
             .
          
           
             Let
             the
             Mark
             be
             set
             on
             the
             door
             where
             the
             Plague
             is
             ,
             and
             then
             let
             him
             that
             will
             enter
             die
             .
          
           
           
             I
             know
             ,
             Mr.
             Speaker
             ,
             there
             is
             in
             Parliament
             a
             double
             Power
             of
             Life
             and
             Death
             by
             Bill
             ,
             a
             Judicial
             Power
             ,
             and
             a
             Legislative
             ;
             the
             measure
             of
             the
             one
             ,
             is
             what
             's
             legally
             just
             ;
             of
             the
             other
             ,
             what
             is
             Prudentially
             and
             Politickly
             fit
             for
             the
             good
             and
             preservation
             of
             the
             whole
             .
             But
             these
             two
             ,
             under
             favour
             ,
             are
             not
             to
             be
             confounded
             in
             Judgment
             :
             We
             must
             not
             piece
             up
             want
             of
             legality
             with
             matter
             of
             convenience
             ,
             not
             the
             defailance
             of
             prudential
             fitness
             with
             a
             pretence
             of
             legal
             Justice
             .
          
           
             To
             Condemn
             my
             Lord
             of
             Strafford
             Judicially
             ,
             as
             for
             Treason
             ,
             my
             Conscience
             is
             not
             assured
             that
             the
             matter
             will
             bear
             it
             .
          
           
             And
             I
             do
             it
             by
             the
             Legislative
             Power
             ,
             my
             reason
             consultively
             cannot
             agree
             to
             that
             ,
             since
             I
             am
             perswaded
             ,
             neither
             the
             Lords
             nor
             the
             King
             will
             pass
             the
             Bill
             ,
             and
             consequently
             that
             Our
             passing
             it
             will
             be
             a
             Cause
             of
             great
             Divisions
             and
             Combustions
             in
             the
             State.
             
          
           
             And
             therefore
             my
             humble
             advice
             is
             ,
             That
             laying
             aside
             this
             Bill
             of
             Attainder
             ,
             We
             may
             think
             of
             another
             ,
             saving
             only
             Life
             ,
             such
             as
             may
             secure
             the
             State
             from
             my
             Lord
             of
             Strafford
             ,
             without
             endangering
             it
             ,
             as
             much
             by
             Division
             concerning
             his
             Punishment
             ,
             as
             he
             hath
             endangered
             it
             by
             his
             Practices
             .
          
           
             If
             this
             may
             not
             be
             hearkned
             unto
             ,
             Let
             me
             conclude
             ,
             in
             saying
             that
             unto
             you
             all
             ,
             which
             I
             have
             throughly
             inculcated
             to
             mine
             own
             Conscience
             upon
             this
             occasion
             .
             Let
             every
             man
             lay
             his
             hand
             upon
             his
             Heart
             ,
             and
             sadly
             consider
             what
             We
             are
             going
             to
             do
             ,
             with
             a
             Breath
             ,
             either
             Justice
             or
             Murther
             ;
             Justice
             on
             the
             one
             side
             ,
             or
             Murther
             heightned
             and
             aggravated
             to
             its
             supreamest
             extent
             .
             For
             as
             the
             Casuists
             say
             ,
             That
             he
             who
             lies
             with
             his
             Sister
             commits
             Incest
             ,
             but
             he
             that
             marries
             his
             Sister
             sins
             higher
             ,
             by
             applying
             God's
             Ordinance
             to
             his
             Crime
             :
             So
             doubtless
             he
             that
             commits
             Murther
             with
             the
             Sword
             of
             Justice
             ,
             heightens
             that
             Crime
             to
             the
             utmost
             .
          
           
             The
             danger
             being
             so
             great
             ,
             and
             the
             Case
             so
             doubtful
             ,
             that
             I
             see
             the
             best
             Lawyers
             in
             diametral
             opposition
             concerning
             it
             :
             Let
             every
             man
             wipe
             his
             Heart
             ,
             as
             he
             does
             his
             Eyes
             ,
             when
             he
             would
             Judge
             of
             a
             nice
             and
             subtile
             Object
             .
             The
             Eye
             if
             it
             be
             pretincted
             with
             any
             colour
             ,
             is
             vitiated
             in
             its
             discerning
             .
             Let
             Us
             take
             heed
             of
             a
             blood-shotten
             Eye
             in
             Judgment
             .
          
           
             Let
             every
             man
             purge
             his
             Heart
             clear
             of
             all
             passions
             ,
             (
             I
             know
             this
             great
             and
             wise
             Body-politick
             can
             have
             none
             ,
             but
             I
             speak
             to
             individuals
             ,
             from
             the
             weakness
             which
             I
             find
             in
             my self
             )
             away
             with
             personal
             Animosities
             ,
             away
             with
             all
             flatteries
             to
             the
             people
             ,
             in
             being
             the
             sharper
             against
             him
             ,
             because
             he
             is
             odious
             to
             them
             ;
             away
             with
             all
             fears
             ,
             left
             by
             the
             sparing
             his
             blood
             they
             may
             be
             incens'd
             ;
             away
             with
             all
             such
             Considerations
             ,
             as
             that
             it
             is
             not
             fit
             for
             a
             Parliament
             ,
             that
             one
             Accused
             by
             it
             of
             Treason
             ,
             should
             escape
             with
             Life
             .
          
           
             Let
             not
             former
             Vehemence
             of
             any
             against
             him
             ,
             nor
             fear
             from
             thence
             ,
             that
             he
             cannot
             be
             safe
             while
             that
             man
             lives
             ,
             be
             an
             ingredient
             in
             the
             Sentence
             of
             any
             one
             of
             Us.
             
          
           
             Of
             all
             these
             Corruptives
             of
             Judgment
             ,
             Mr.
             Speaker
             ,
             I
             do
             before
             God
             discharge
             my self
             to
             the
             uttermost
             of
             my
             power
             .
          
           
             And
             do
             with
             a
             clear
             Conscience
             wash
             my
             hands
             of
             this
             mans
             blood
             ,
             by
             this
             solemn
             Protestation
             ,
             That
             my
             Vote
             goes
             not
             to
             the
             taking
             of
             the
             Earl
             of
             
             Strafford's
             Life
             .
          
           
             Ordered
             ,
             That
             the
             Debate
             of
             the
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             Strafford
             ,
             be
             resumed
             to
             morrow
             Morning
             at
             Eight
             of
             the
             Clock
             ,
             and
             Mr.
             Speaker
             is
             to
             put
             the
             House
             in
             mind
             of
             this
             Order
             .
          
           
           
             Ordered
             ,
             That
             Sir
             Edward
             Cook
             's
             Book
             ,
             
               Of
               the
               Pleas
               of
               the
               Crown
               ,
            
             be
             delivered
             to
             the
             Earl
             of
             
             Strafford's
             Committee
             ,
             for
             the
             special
             Service
             of
             the
             House
             .
          
        
         
           
             Tuesday
             ,
             April
             20th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             The
             Committee
             ,
             according
             to
             Yesterdays
             Order
             ,
             reassumed
             the
             Debate
             of
             the
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             Strafford
             .
          
           
             Mr.
             Speaker
             reassumed
             the
             Chair
             .
          
           
             Ordered
             ,
             That
             the
             House
             sit
             this
             Afternoon
             at
             Three
             of
             the
             Clock
             ,
             and
             reassume
             the
             Debate
             of
             the
             Bill
             of
             Attainder
             against
             Thomas
             Earl
             of
             Strafford
             .
          
           
             The
             House
             Resolved
             into
             a
             Committee
             ,
             Mr.
             Peard
             being
             called
             to
             the
             Chair
             ,
             then
             Mr.
             Speaker
             reassumed
             the
             Chair
             .
             
          
           
             Ordered
             ,
             That
             the
             further
             Debate
             of
             the
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             Strafford
             ,
             be
             reassumed
             to
             morrow
             Morning
             at
             Eight
             of
             the
             Clock
             .
          
        
         
           
             Wednesday
             ,
             April
             21th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             According
             to
             an
             Order
             Yesterday
             made
             ,
             the
             House
             was
             Resolved
             into
             a
             Committee
             to
             Consider
             of
             the
             Bill
             of
             Attainder
             of
             Thomas
             Earl
             of
             Strafford
             .
             Mr.
             Peard
             being
             called
             to
             the
             Chair
             ,
             then
             Mr.
             Speaker
             reassumed
             the
             Chair
             .
          
           
             Ordered
             ,
             That
             the
             Doors
             be
             lock'd
             ,
             and
             the
             Keys
             brought
             up
             to
             the
             Table
             ,
             and
             that
             no
             man
             go
             out
             without
             leave
             of
             the
             Committee
             .
          
           
             Mr.
             Peard
             again
             called
             to
             the
             Chair
             .
          
           
             Mr.
             Peard
             Reports
             from
             the
             Grand
             Committee
             the
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             Strafford
             ,
             with
             the
             Additions
             and
             Amendments
             thereunto
             ,
             the
             which
             Addition
             and
             Amendments
             were
             twice
             read
             ,
             and
             the
             Bill
             upon
             the
             Question
             Ordered
             to
             be
             Engrossed
             .
          
           
             Ordered
             ,
             That
             the
             House
             meet
             this
             Afternoon
             at
             Three
             of
             the
             Clock
             ,
             and
             
             the
             third
             time
             read
             an
             Act
             for
             the
             Attainder
             of
             Thomas
             Earl
             of
             Strafford
             of
             High
             Treason
             ;
             and
             upon
             the
             Question
             for
             the
             Passing
             ,
             the
             House
             was
             divided
             .
             The
             Lord
             Digby
             ,
             Mr.
             Lloyd
             Tellers
             for
             the
             Yeas
             ,
             Sir
             
               Gilbert
               Gerrard
            
             ,
             Sir
             
               Thomas
               Barington
            
             Tellers
             for
             the
             Noes
             ;
             with
             the
             Noes
             59
             ,
             with
             the
             Yeas
             204.
             
             Upon
             the
             Report
             thereof
             the
             Bill
             Past.
             
          
           
             Mr.
             Pym
             is
             appointed
             to
             carry
             up
             the
             Bill
             to
             the
             Lords
             ,
             and
             was
             further
             Ordered
             to
             express
             unto
             the
             Lords
             ,
             That
             it
             is
             a
             Bill
             that
             highly
             concerns
             the
             Common-wealth
             ,
             especially
             in
             the
             expediting
             of
             it
             .
          
           
             Mr.
             Pym
             acquaints
             the
             House
             ,
             That
             according
             to
             the
             Commands
             of
             this
             House
             ,
             he
             had
             delivered
             the
             Bill
             of
             Attainder
             ,
             with
             special
             Recommendations
             for
             the
             Expedition
             in
             regard
             of
             the
             Importance
             ,
             and
             that
             this
             House
             was
             ready
             to
             justifie
             the
             Legality
             of
             the
             Bill
             ,
             if
             any
             way
             their
             Lordships
             should
             desire
             a
             Conference
             by
             a
             Committee
             of
             both
             Houses
             ;
             the
             sooner
             and
             the
             more
             publick
             the
             way
             ,
             shall
             be
             the
             better
             ,
             and
             the
             more
             agreeable
             to
             the
             desires
             of
             this
             House
             .
          
        
         
           
             Thursday
             ,
             April
             22th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             A
             Message
             from
             the
             Lords
             by
             Judge
             Reeve
             and
             Judge
             Forster
             .
          
           
             The
             Lords
             have
             agreed
             to
             hear
             this
             House
             in
             Westminster-Hall
             at
             Eight
             of
             the
             Clock
             on
             Saturday
             next
             ,
             touching
             the
             matter
             of
             Law
             in
             the
             business
             of
             the
             Earl
             of
             Strafford
             ,
             if
             this
             House
             shall
             so
             please
             .
          
           
           
             Answer
             returned
             by
             the
             same
             Messengers
             ,
             That
             this
             House
             has
             taken
             their
             Lordships
             Message
             into
             Consideration
             ,
             and
             will
             send
             an
             Answer
             by
             Messengers
             of
             their
             own
             .
          
           
             Mr.
             Solicitor
             
               St.
               Iohn
            
             is
             enjoyned
             by
             this
             House
             to
             maintain
             the
             legal
             part
             of
             the
             Bill
             of
             Attainder
             of
             Thomas
             Earl
             of
             Strafford
             on
             Saturday
             Morning
             next
             ,
             and
             Mr.
             Maynard
             and
             Mr.
             Glyn
             are
             adjoyned
             unto
             him
             as
             Assistants
             .
          
           
             Sir
             
               Iohn
               Eveling
            
             went
             up
             to
             the
             Lords
             with
             this
             Message
             ,
             to
             desire
             a
             free
             Conference
             by
             a
             Committee
             of
             both
             Houses
             ,
             concerning
             their
             Lordships
             Message
             sent
             this
             day
             ,
             touching
             the
             matter
             of
             Law
             in
             the
             Case
             of
             the
             Trial
             of
             the
             Earl
             of
             Strafford
             .
          
           
             Mr.
             Pym
             ,
             Mr.
             Pierepoint
             ,
             Sir
             
               Iohn
               Culpepper
            
             ,
             Mr.
             Fines
             ,
             Mr.
             Hampden
             ,
             and
             Mr.
             Prideaux
             ,
             are
             to
             prepare
             Heads
             for
             this
             Conference
             with
             the
             Lords
             ,
             and
             to
             manage
             the
             Conference
             .
          
           
             Sir
             
               Iohn
               Eveling
            
             brings
             Answer
             ,
             That
             their
             Lordships
             will
             give
             a
             present
             meeting
             ,
             by
             a
             Committee
             of
             the
             whole
             House
             ,
             as
             is
             desired
             .
          
           
             The
             Heads
             of
             the
             Conference
             ,
             Reported
             by
             Mr.
             Pierepoint
             ,
             to
             be
             desired
             with
             the
             Lords
             ,
             touching
             the
             matter
             of
             Law
             in
             the
             Case
             of
             the
             Earl
             of
             Strafford
             .
          
           
             That
             this
             House
             received
             a
             Message
             from
             their
             Lordships
             this
             day
             ,
             to
             this
             effect
             ,
             That
             their
             Lordships
             are
             ready
             to
             hear
             this
             House
             in
             Westminster-Hall
             on
             Saturday
             Morning
             next
             ,
             touching
             the
             Point
             of
             Law
             in
             the
             Case
             of
             Thomas
             Earl
             of
             Strafford
             ,
             they
             conceive
             ,
             this
             did
             arise
             from
             the
             Message
             of
             this
             House
             upon
             the
             delivery
             of
             the
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             Strafford
             .
             That
             this
             House
             is
             ready
             at
             a
             Conference
             by
             a
             Committee
             of
             both
             Houses
             ,
             to
             justifie
             the
             Justice
             and
             Legality
             of
             the
             Bill
             of
             Attainder
             .
          
           
             Mr.
             Pym
             ,
             Mr.
             Stroud
             ,
             Sir
             
               Thomas
               Barrington
            
             ,
             Mr.
             Hollis
             ,
             and
             Sir
             
               Io.
               Hotham
            
             ,
             are
             to
             prepare
             Heads
             for
             this
             Conference
             ,
             and
             to
             manage
             it
             .
          
           
             Mr.
             Pierepoint
             Reports
             the
             Conference
             had
             with
             the
             Lords
             ,
             touching
             the
             matter
             of
             Law
             ,
             in
             the
             Case
             of
             the
             Earl
             of
             Strafford
             .
             My
             Lord
             Privy-Seal
             said
             ,
             That
             the
             intention
             of
             their
             House
             was
             to
             have
             proceeded
             in
             the
             former
             way
             ,
             to
             have
             heard
             the
             Council
             upon
             the
             legal
             part
             ;
             but
             since
             it
             is
             your
             desire
             to
             have
             a
             Committee
             of
             both
             Houses
             ,
             to
             meet
             at
             the
             time
             and
             place
             before
             appointed
             ;
             the
             day
             being
             now
             far
             spent
             ,
             and
             finding
             something
             of
             moment
             to
             be
             considered
             of
             ,
             their
             Lordships
             will
             send
             an
             Answer
             by
             Messengers
             of
             their
             own
             in
             time
             convenient
             ,
             and
             therefore
             shall
             not
             meet
             on
             Saturday
             in
             Westminster-Hall
             ,
             but
             will
             sit
             on
             Saturday
             in
             their
             own
             House
             .
          
        
         
           
             Friday
             ,
             April
             23th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             Exceptions
             were
             taken
             by
             divers
             Members
             of
             the
             House
             to
             the
             Lord
             Digby
             ,
             for
             many
             Passages
             in
             a
             Speech
             of
             his
             ,
             delivered
             at
             the
             passing
             of
             the
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             Strafford
             .
             The
             Lord
             Digby
             rose
             up
             ,
             and
             in
             his
             place
             explained
             himself
             ,
             touching
             those
             several
             Passages
             ,
             and
             there
             was
             no
             more
             done
             thereupon
             at
             this
             time
             .
          
        
         
           
             Saturday
             ,
             April
             24th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             Two
             Petitions
             from
             divers
             of
             the
             Citizens
             of
             London
             were
             this
             day
             read
             .
             (
             1.
             )
             To
             the
             House
             of
             Commons
             .
             (
             2.
             )
             To
             the
             Honourable
             Assembly
             of
             the
             Lords
             and
             Commons
             ,
             as
             followeth
             :
          
           
             
               
                 
                   
                   
                     To
                     the
                     most
                     Honourable
                     Assembly
                     of
                     the
                     Lords
                     and
                     Commons
                     in
                     this
                     present
                     Parliament
                     .
                     
                  
                   
                     The
                     humble
                     Petition
                     of
                     divers
                     Citizens
                     of
                     London
                     .
                  
                   
                     SHEWETH
                     ,
                  
                   
                     THat
                     notwithstanding
                     His
                     Majesties
                     Gracious
                     Answer
                     ,
                     to
                     the
                     humble
                     Petition
                     of
                     his
                     Loyal
                     Subjects
                     ,
                     in
                     Summoning
                     this
                     Parliament
                     ,
                     with
                     the
                     great
                     Care
                     and
                     Endeavoured
                     pains
                     taken
                     by
                     both
                     Houses
                     ,
                     for
                     the
                     removing
                     the
                     heavy
                     Grievances
                     in
                     Church
                     and
                     Common-wealth
                     ;
                     whereof
                     the
                     Petitioners
                     have
                     already
                     received
                     some
                     Fruit
                     ,
                     for
                     which
                     they
                     desire
                     to
                     return
                     their
                     most
                     humble
                     and
                     utmost
                     Thanks
                     ;
                     yet
                     nevertheless
                     they
                     are
                     enforced
                     ,
                     with
                     all
                     Humility
                     ,
                     to
                     represent
                     to
                     this
                     most
                     Honourable
                     Assembly
                     ,
                     some
                     of
                     those
                     Obstructions
                     which
                     do
                     still
                     hinder
                     that
                     freedom
                     and
                     fulness
                     of
                     Trade
                     in
                     this
                     City
                     they
                     have
                     formerly
                     had
                     ,
                     and
                     ,
                     which
                     considering
                     the
                     numerous
                     multitude
                     thereupon
                     depending
                     ,
                     they
                     conceive
                     it
                     not
                     able
                     comfortably
                     to
                     subsist
                     .
                  
                   
                     As
                     the
                     unsetled
                     Condition
                     of
                     the
                     Kingdom
                     ,
                     even
                     since
                     the
                     Troubles
                     in
                     Scotland
                     ,
                     hath
                     caused
                     both
                     Strangers
                     ,
                     and
                     also
                     some
                     of
                     our
                     own
                     ,
                     who
                     did
                     furnish
                     great
                     Sums
                     of
                     Money
                     to
                     use
                     ,
                     to
                     call
                     it
                     in
                     ,
                     and
                     remit
                     much
                     of
                     it
                     by
                     Exchange
                     into
                     Forreign
                     Parts
                     ,
                     and
                     stand
                     now
                     in
                     expectation
                     of
                     what
                     the
                     Issue
                     of
                     things
                     may
                     be
                     .
                  
                   
                     The
                     stopping
                     Money
                     in
                     the
                     Mint
                     ,
                     which
                     till
                     then
                     was
                     accounted
                     the
                     safest
                     place
                     ,
                     and
                     surest
                     Staple
                     in
                     these
                     Parts
                     of
                     the
                     World
                     ,
                     still
                     doth
                     hinder
                     the
                     Importation
                     of
                     Bullion
                     ;
                     the
                     Scots
                     now
                     disabled
                     to
                     pay
                     such
                     Debts
                     as
                     they
                     owe
                     to
                     the
                     Petitioners
                     ,
                     and
                     others
                     in
                     the
                     City
                     ;
                     and
                     by
                     reason
                     of
                     the
                     Oppressions
                     exercised
                     in
                     Ireland
                     ,
                     their
                     Debts
                     also
                     are
                     detained
                     there
                     .
                  
                   
                     The
                     
                     English-Trade
                     ,
                     by
                     reason
                     of
                     our
                     general
                     Distractions
                     and
                     Fears
                     ,
                     is
                     so
                     much
                     decayed
                     ,
                     that
                     Country
                     Trades-men
                     cannot
                     pay
                     their
                     Debts
                     in
                     London
                     as
                     formerly
                     .
                  
                   
                     The
                     great
                     Sums
                     of
                     Money
                     unduly
                     taken
                     by
                     His
                     Majesties
                     Officers
                     and
                     Farmers
                     ,
                     for
                     Impositions
                     upon
                     Merchandize
                     Exported
                     and
                     Imported
                     ,
                     and
                     the
                     want
                     of
                     Relief
                     in
                     Courts
                     of
                     Justice
                     against
                     them
                     .
                  
                   
                     The
                     drawing
                     out
                     from
                     the
                     City
                     great
                     Sums
                     of
                     Money
                     (
                     which
                     is
                     the
                     Life
                     and
                     Spirit
                     of
                     Trade
                     )
                     for
                     His
                     Majesties
                     Service
                     in
                     the
                     North
                     ,
                     and
                     being
                     there
                     employed
                     ,
                     is
                     not
                     yet
                     returned
                     .
                  
                   
                     Besides
                     all
                     which
                     ,
                     from
                     what
                     strong
                     and
                     secret
                     Opposition
                     the
                     Petitioners
                     know
                     not
                     ;
                     they
                     have
                     not
                     received
                     what
                     so
                     much
                     time
                     and
                     pains
                     might
                     give
                     and
                     cause
                     to
                     hope
                     ,
                     but
                     still
                     Incendiaries
                     of
                     the
                     Kingdoms
                     ,
                     and
                     other
                     Notorious
                     Offendors
                     ,
                     remain
                     unpunished
                     :
                     The
                     Affairs
                     of
                     the
                     Church
                     ,
                     notwithstanding
                     many
                     Petitions
                     concerning
                     it
                     ,
                     and
                     long
                     Debate
                     about
                     it
                     ,
                     remains
                     unsetled
                     ;
                     the
                     Papists
                     still
                     Armed
                     ,
                     the
                     Laws
                     against
                     them
                     not
                     Executed
                     ,
                     some
                     of
                     the
                     most
                     Active
                     of
                     them
                     still
                     at
                     Court
                     ,
                     Priests
                     and
                     Jesuits
                     not
                     yet
                     Banished
                     ,
                     the
                     Irish
                     Popish-Army
                     not
                     yet
                     Disbanded
                     ,
                     Courts
                     of
                     Justice
                     not
                     yet
                     Reformed
                     ,
                     and
                     the
                     Earl
                     of
                     Strafford
                     ,
                     who
                     as
                     now
                     appears
                     ,
                     hath
                     Counselled
                     the
                     Plundering
                     of
                     this
                     City
                     ,
                     and
                     putting
                     it
                     to
                     Fine
                     and
                     Ransom
                     ;
                     and
                     said
                     ,
                     It
                     would
                     never
                     be
                     well
                     ,
                     till
                     some
                     of
                     the
                     Aldermen
                     were
                     hang'd
                     up
                     ,
                     because
                     they
                     would
                     not
                     yield
                     to
                     Illegal
                     
                     Levies
                     of
                     Monies
                     ,
                     had
                     so
                     drawn
                     out
                     and
                     spent
                     this
                     time
                     in
                     his
                     business
                     ,
                     to
                     the
                     very
                     great
                     Charge
                     of
                     the
                     whole
                     Kingdom
                     ,
                     and
                     his
                     endeavour
                     to
                     obtain
                     yet
                     more
                     ,
                     all
                     which
                     makes
                     us
                     fear
                     there
                     may
                     be
                     Practices
                     now
                     in
                     hand
                     to
                     hinder
                     the
                     Birth
                     of
                     your
                     great
                     Endeavours
                     ,
                     and
                     that
                     we
                     lie
                     under
                     some
                     more
                     dangerous
                     Plot
                     than
                     we
                     can
                     discover
                     .
                  
                   
                     All
                     which
                     Premisses
                     ,
                     with
                     their
                     Fears
                     and
                     Distractions
                     ,
                     growing
                     therefrom
                     ,
                     and
                     from
                     things
                     of
                     the
                     like
                     nature
                     ;
                     the
                     Petitioners
                     humbly
                     offer
                     to
                     the
                     most
                     grave
                     Consideration
                     of
                     this
                     most
                     Honourable
                     Assembly
                     ,
                     as
                     being
                     the
                     true
                     Causes
                     of
                     decay
                     of
                     Trade
                     ,
                     discouragement
                     of
                     Trades-men
                     ,
                     and
                     of
                     the
                     great
                     scarcity
                     of
                     Monies
                     ,
                     with
                     the
                     Consequences
                     they
                     labour
                     under
                     .
                  
                   
                     And
                     do
                     humbly
                     pray
                     ,
                     That
                     their
                     said
                     Grievances
                     may
                     be
                     Redressed
                     ,
                     the
                     Causes
                     of
                     their
                     Fears
                     removed
                     ,
                     Justice
                     executed
                     upon
                     the
                     said
                     Earl
                     ,
                     and
                     other
                     Incendiaries
                     and
                     Offenders
                     ,
                     the
                     rather
                     ,
                     in
                     regard
                     till
                     then
                     the
                     Petitioners
                     humbly
                     conceive
                     neither
                     Religion
                     ,
                     nor
                     their
                     Lives
                     ,
                     Liberties
                     ,
                     or
                     Estates
                     can
                     be
                     secured
                     .
                  
                   
                     And
                     as
                     in
                     Duty
                     bound
                     ,
                     they
                     shall
                     ever
                     pray
                     ,
                     &c.
                     
                  
                   
                     Subscribed
                     to
                     the
                     Petition
                     20000
                     ,
                     all
                     Men
                     of
                     good
                     Rank
                     and
                     Quality
                     .
                  
                
              
            
          
           
             After
             the
             Petition
             was
             Read
             and
             Considered
             .
          
           
             The
             Lord
             Russel
             goes
             up
             to
             the
             Lords
             with
             this
             Message
             ,
             to
             desire
             a
             Conference
             ,
             by
             a
             Committee
             of
             both
             Houses
             ,
             concerning
             a
             Petition
             from
             the
             City
             of
             London
             ,
             directed
             to
             both
             Houses
             of
             Parliament
             .
          
           
             Mr.
             Glyn
             is
             Ordered
             to
             manage
             this
             Conference
             ,
             and
             Mr.
             Hill
             to
             assist
             him
             ,
             and
             to
             deliver
             the
             Petition
             from
             the
             Citizens
             of
             London
             at
             this
             Conference
             ,
             and
             thence
             to
             take
             occasion
             of
             representing
             the
             Desires
             of
             this
             House
             ;
             likewise
             for
             the
             Expediting
             of
             the
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             Strafford
             .
          
        
         
           
             Monday
             ,
             April
             26th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             A
             Message
             from
             the
             Lords
             by
             Judge
             Reeves
             and
             Judge
             Heath
             ,
             That
             they
             are
             ready
             for
             a
             Conference
             ,
             by
             a
             Committee
             of
             both
             Houses
             ,
             to
             the
             Petition
             presented
             from
             London
             ,
             for
             which
             this
             House
             sent
             a
             Message
             on
             Saturday
             last
             .
          
           
             Answer
             returned
             by
             the
             same
             Messengers
             ,
             That
             this
             House
             has
             taken
             their
             Lordships
             Message
             into
             Consideration
             ,
             and
             will
             give
             a
             meeting
             presently
             ,
             as
             is
             desired
             .
          
           
             According
             to
             an
             Order
             on
             Saturday
             last
             ,
             Mr.
             Glyn
             and
             Mr.
             Hill
             went
             up
             to
             manage
             this
             Conference
             ,
             and
             Sir
             
               Walter
               Earle
            
             is
             Ordered
             to
             manage
             Mr.
             
             Pym's
             part
             ,
             in
             respect
             of
             his
             absence
             at
             this
             time
             .
          
        
         
           
             Tuesday
             ,
             April
             27th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             A
             Message
             from
             the
             Lords
             by
             Judge
             Foster
             and
             Judge
             Heath
             ,
             That
             their
             Lordships
             will
             be
             ready
             to
             meet
             at
             a
             Conference
             ,
             by
             a
             Committee
             of
             both
             Houses
             ,
             at
             Nine
             of
             the
             Clock
             upon
             Thursday
             Morning
             in
             Westminster-Hall
             ,
             and
             there
             to
             hear
             this
             House
             ,
             according
             to
             their
             own
             offer
             ,
             when
             they
             brought
             up
             the
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             Strafford
             .
          
           
           
             Answer
             returned
             by
             the
             same
             Messengers
             ,
             That
             this
             House
             has
             taken
             their
             Lordships
             Message
             into
             Consideration
             ,
             and
             is
             Resolved
             to
             give
             a
             meeting
             at
             the
             time
             and
             place
             ,
             as
             is
             appointed
             .
          
        
         
           
             Wednesday
             ,
             April
             28th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             Ordered
             ,
             That
             Mr.
             Solicitor
             
               St.
               Iohn
            
             have
             Power
             to
             send
             for
             such
             Records
             ,
             as
             he
             shall
             think
             needful
             for
             that
             Service
             committed
             unto
             him
             ,
             for
             maintaining
             the
             Point
             of
             Law
             ,
             in
             the
             Case
             of
             the
             Earl
             of
             Strafford
             .
          
           
             The
             same
             Committee
             as
             was
             formerly
             appointed
             to
             keep
             the
             Doors
             at
             Westminster-Hall
             ,
             is
             appointed
             to
             keep
             the
             Doors
             again
             to
             morrow
             .
          
           
             Mr.
             Solicitor
             ,
             and
             Mr.
             Maynard
             ,
             and
             Mr.
             Glyn
             ,
             appointed
             as
             Assistants
             unto
             him
             ,
             are
             to
             sit
             in
             the
             most
             convenient
             places
             in
             the
             middle
             of
             the
             lower
             Rank
             .
          
           
             Mr.
             
               Edward
               Hide
            
             went
             up
             to
             the
             Lords
             with
             this
             Message
             ,
             to
             acquaint
             their
             Lordships
             ,
             That
             the
             House
             hath
             received
             such
             Information
             ,
             as
             hath
             moved
             some
             Fears
             in
             them
             ,
             that
             the
             Earl
             of
             Strafford
             may
             have
             a
             design
             to
             Escape
             ,
             that
             he
             hath
             Ships
             at
             Sea
             at
             Command
             ,
             and
             that
             the
             Guards
             about
             him
             are
             weak
             ;
             therefore
             to
             desire
             their
             Lordships
             he
             may
             be
             a
             close
             Prisoner
             ,
             and
             the
             Guards
             strengthened
             .
          
           
             Mr.
             Hide
             brings
             this
             Answer
             ,
             That
             their
             Lordships
             had
             heretofore
             given
             Directions
             to
             the
             Lieutenant
             of
             the
             Tower
             ,
             that
             he
             should
             be
             close
             Prisoner
             ,
             and
             take
             Care
             for
             a
             stronger
             Guard
             ,
             and
             will
             take
             it
             into
             Examination
             ,
             and
             give
             Directions
             as
             is
             desired
             .
          
        
         
           
             Friday
             ,
             April
             30th
             ,
             1641.
             
             Post
             Merid.
             
          
           
             Ordered
             ,
             That
             Mr.
             Solicitor
             be
             required
             from
             this
             House
             ,
             to
             bring
             in
             a
             particular
             Copy
             of
             his
             Argument
             Yesterday
             in
             Westminster-Hall
             ,
             and
             likewise
             that
             Mr.
             Pym
             bring
             him
             a
             Copy
             of
             the
             Speeches
             spoken
             by
             him
             in
             Westminster-Hall
             ,
             both
             at
             the
             beginning
             and
             latter
             end
             of
             the
             Trial
             of
             the
             Earl
             of
             Strafford
             .
          
           
             
             
               A
               Copy
               of
               the
               Paper
               posted
               up
               at
               the
               Corner
               of
               the
               Wall
               of
               Sir
               
                 William
                 Bronkard's
              
               House
               ,
               in
               the
               
                 Old
                 Palace-Yard
              
               in
               Westminster
               ,
               declaring
               the
               following
               Names
               to
               be
               Enemies
               of
               Iustice.
               
            
             
               
                 The
                 Lord
              
               Digby
               ,
            
             
               Lord
               Compton
               ,
            
             
               Lord
               Buckhurst
               ,
            
             
               Sir
               Robert
               Hatton
               ,
            
             
               Sir
               Thomas
               Fanshaw
               ,
            
             
               Sir
               Edward
               Alford
               .
            
             
               Nicholas
               Slanning
               ,
            
             
               Sir
               Thomas
               Danby
               ,
            
             
               Sir
               George
               Wentworth
               ,
            
             
               Sir
               Peter
               Wentworth
               ,
            
             
               Sir
               Fred.
               Conwallis
               ,
            
             
               Sir
               William
               Carnaby
               .
            
             
               Sir
               Richard
               Winn
               ,
            
             
               Sir
               Gervas
               Cliffton
               ,
            
             
               Sir
               William
               Withrington
               ,
            
             
               Sir
               William
               Pennyman
               ,
            
             
               Sir
               Patrick
               Carwin
               ,
            
             
               Sir
               Richard
               Lee
               ,
            
             
               Sir
               Henry
               Slingsby
               ,
            
             
               Sir
               William
               Portman
               ,
            
             
               Mr.
               Gervas
               Hollis
               ,
            
             
               Mr.
               Sydney
               Godolphin
               ,
            
             
               Mr.
               Cook
               ,
            
             
               Mr.
               Coventry
               ,
            
             
               Mr.
               Kirton
               ,
            
             
               Mr.
               Pollard
               ,
            
             
               Mr.
               Price
               ,
            
             
               Mr.
               Trevanyon
               ,
            
             
               Mr.
               Ieane
               ,
            
             
               Mr.
               Edgcombe
               ,
            
             
               Mr.
               Ben.
               Weston
               ,
            
             
               Mr.
               Selden
               ,
            
             
               Mr.
               Alford
               ,
            
             
               Mr.
               Loyd
               ,
            
             
               Mr.
               Herbert
               ,
            
             
               Captain
               Digby
               ,
            
             
               Serjeant
               Hyde
               ,
            
             
               Mr.
               Tayler
               ,
            
             
               Mr.
               Richard
               Weston
               ,
            
             
               Mr.
               Griffith
               ,
            
             
               Mr.
               Scawen
               ,
            
             
               Mr.
               Bridgman
               ,
            
             
               Mr.
               Fettyplace
               ,
            
             
               Doctor
               Turner
               ,
            
             
               Captain
               Charles
               Price
               ,
            
             
               Doctor
               Parry
               
                 a
                 Civilian
              
               ,
            
             
               Mr.
               Richard
               Arundel
               ,
            
             
               Mr.
               Newport
               ,
            
             
               Mr.
               Nowell
               ,
            
             
               Mr.
               Chichley
               ,
            
             
               Mr.
               Mallory
               ,
            
             
               Mr.
               Porter
               ,
            
             
               Mr.
               White
               ,
               
                 Secretary
                 to
              
               E.
               D.
               
            
             
               Mr.
               Warwick
               .
            
          
           
             It
             is
             a
             Presumption
             that
             these
             Names
             were
             thus
             Posted
             up
             by
             some
             of
             
             those
             who
             came
             in
             multitudes
             to
             the
             Parliament
             House
             ,
             but
             he
             that
             took
             the
             List
             of
             their
             Names
             (
             as
             Mr.
             Elsing
             told
             the
             Author
             )
             was
             one
             Mr.
             W
             —
             who
             Served
             for
             some
             Borough
             in
             the
             County
             of
             Wilts
             ,
             and
             who
             did
             not
             afterwards
             go
             to
             the
             King
             at
             Oxford
             in
             time
             of
             War
             ,
             though
             his
             Wife
             did
             ;
             but
             he
             staid
             in
             the
             Parliament
             to
             do
             what
             friendly
             Office
             he
             could
             for
             the
             King
             and
             his
             Party
             :
             It
             is
             probable
             he
             gave
             a
             Copy
             of
             those
             Names
             to
             some
             Friends
             ,
             not
             intending
             to
             have
             the
             same
             made
             Publick
             in
             that
             manner
             .
             The
             Name
             of
             one
             Member
             of
             the
             House
             that
             was
             in
             the
             List
             ,
             who
             is
             omitted
             in
             this
             ,
             viz.
             Sir
             
               Iohn
               Strangwayes
            
             ,
             who
             was
             not
             then
             in
             Town
             ,
             but
             Sir
             Iohn
             ,
             after
             his
             Return
             out
             of
             Dorsetshire
             ,
             complained
             that
             his
             Name
             was
             Posted
             up
             amongst
             others
             ,
             and
             moved
             ,
             that
             the
             business
             might
             be
             Examined
             how
             the
             List
             came
             abroad
             ,
             and
             was
             made
             Publick
             ,
             as
             aforesaid
             ,
             he
             being
             then
             in
             the
             Country
             .
          
        
         
           
             Wednesday
             ,
             May
             5th
             ,
             1641.
             
          
           
             Mr.
             Solicitor
             is
             appointed
             to
             bring
             in
             his
             Argument
             he
             made
             in
             Westminster-Hall
             ,
             at
             the
             Trial
             of
             the
             Earl
             of
             Strafford
             on
             Monday
             last
             .
          
           
           
             A
             Message
             from
             the
             Lords
             by
             Judge
             Reeves
             and
             Judge
             Forster
             ,
             That
             they
             give
             this
             House
             Thanks
             for
             sitting
             so
             long
             ,
             that
             they
             are
             still
             in
             Debate
             of
             the
             Bill
             against
             the
             Earl
             of
             Strafford
             ,
             so
             that
             this
             Night
             they
             cannot
             be
             ready
             for
             a
             Conference
             .
          
        
         
           
             Saturday
             ,
             May
             8th
             ,
             1641.
             
          
           
             A
             Message
             from
             the
             Lords
             by
             Judge
             Forster
             and
             Judge
             Heath
             ,
             That
             the
             Bill
             of
             Attainder
             of
             Thomas
             Earl
             of
             Strafford
             is
             passed
             their
             House
             ,
             without
             any
             Alteration
             or
             Amendments
             .
          
           
             Ordered
             ,
             That
             a
             Message
             be
             sent
             to
             the
             Lords
             ,
             to
             desire
             a
             free
             Conference
             ,
             by
             a
             Committee
             of
             both
             Houses
             ,
             concerning
             the
             Bill
             of
             Attainder
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             Mr.
             Hotham
             is
             to
             go
             up
             with
             this
             Message
             ,
             Mr.
             Pym
             is
             to
             manage
             this
             Conference
             ,
             the
             substance
             whereof
             is
             :
          
           
             That
             in
             regard
             the
             Peace
             of
             the
             Kingdom
             doth
             much
             consist
             in
             the
             Execution
             of
             the
             Bill
             of
             Attainder
             of
             Thomas
             Earl
             of
             Strafford
             ,
             to
             desire
             their
             Lordships
             to
             move
             His
             Majesty
             as
             speedily
             as
             may
             be
             to
             give
             His
             Assent
             .
          
           
             Mr.
             Hotham
             brings
             Answer
             ,
             That
             the
             Lords
             will
             give
             a
             present
             meeting
             at
             a
             free
             Conference
             ,
             by
             a
             Committee
             of
             both
             Houses
             ,
             as
             is
             desired
             .
          
           
             Mr.
             Pym
             Reports
             ,
             That
             he
             had
             performed
             the
             Command
             of
             this
             House
             .
          
           
             Ordered
             ,
             That
             this
             House
             shall
             joyn
             with
             the
             Lords
             ,
             to
             attend
             His
             Majesty
             ,
             to
             appoint
             a
             time
             when
             He
             would
             be
             pleased
             to
             set
             ,
             concerning
             His
             Assent
             to
             the
             Bill
             of
             Attainder
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             Mr.
             Pym
             brings
             word
             ,
             That
             the
             Lords
             have
             sent
             to
             His
             Majesty
             ,
             and
             this
             House
             shall
             hear
             from
             them
             very
             speedily
             .
          
           
             A
             Message
             from
             the
             Lords
             by
             Judge
             Forster
             and
             Judge
             Heath
             ,
             That
             the
             Lords
             appointed
             by
             their
             House
             ,
             attended
             His
             Majesty
             ,
             who
             appointed
             that
             both
             Houses
             should
             attend
             Him
             at
             Four
             of
             the
             Clock
             in
             the
             Banqueting-House
             ,
             concerning
             the
             Bill
             of
             Attainder
             :
             That
             they
             have
             Passed
             the
             Bill
             concerning
             the
             not
             Dissolving
             the
             Parliament
             .
          
        
         
           
             Monday
             ,
             May
             10th
             ,
             1641.
             
          
           
             The
             Gentleman-Usher
             of
             the
             Black-Rod
             came
             to
             signifie
             to
             the
             House
             ,
             That
             His
             Majesties
             Assent
             to
             the
             Bill
             of
             Attainder
             is
             now
             to
             be
             given
             by
             Commission
             ,
             and
             that
             the
             Lords
             did
             expect
             Mr.
             Speaker
             and
             the
             House
             of
             Commons
             to
             come
             up
             .
          
           
             
             
               Articles
               of
               the
               Commons
               Assembled
               in
               Parliament
               against
               Thomas
               Earl
               of
               Strafford
               ,
               in
               Maintenance
               of
               their
               Accusation
               ,
               whereby
               he
               stands
               Charged
               with
               High
               Treason
               .
            
             
               WHereas
               the
               said
               Commons
               have
               already
               Exhibited
               Articles
               against
               the
               said
               Earl
               ,
               
                 in
                 haec
                 verba
              
               ,
               Now
               the
               said
               Commons
               do
               further
               Impeach
               the
               said
               Earl
               as
               followeth
               ,
               
                 (
                 That
                 is
                 to
                 say
                 ,
                 )
              
            
             
               
                 I.
                 
              
               
                 That
                 the
                 said
                 Earl
                 of
                 Strafford
                 the
                 21th
                 day
                 of
                 March
                 ,
                 in
                 the
                 Eighth
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 was
                 President
                 of
                 the
                 King's
                 Council
                 in
                 the
                 Northern
                 parts
                 of
                 England
                 .
              
               
                 That
                 the
                 said
                 Earl
                 being
                 President
                 of
                 the
                 said
                 Council
                 on
                 the
                 21th
                 of
                 March
                 ,
                 a
                 Commission
                 under
                 the
                 Great
                 Seal
                 of
                 England
                 ,
                 with
                 certain
                 Schedules
                 of
                 Instructions
                 thereunto
                 annexed
                 ,
                 was
                 directed
                 to
                 the
                 said
                 Earl
                 ,
                 or
                 others
                 the
                 Commissioners
                 therein
                 named
                 ,
                 whereby
                 ,
                 among
                 other
                 things
                 ,
                 Power
                 and
                 Authority
                 is
                 limitted
                 to
                 the
                 said
                 Earl
                 ,
                 and
                 others
                 the
                 Commissioners
                 therein
                 named
                 ,
                 to
                 hear
                 and
                 determine
                 all
                 Offences
                 ,
                 and
                 Misdemeanors
                 ,
                 Suits
                 ,
                 Debates
                 ,
                 Controversies
                 and
                 Demands
                 ,
                 Causes
                 ,
                 Things
                 and
                 Matters
                 ,
                 whatsoever
                 therein
                 contained
                 ,
                 and
                 within
                 certain
                 Precincts
                 in
                 the
                 said
                 Northern
                 Parts
                 therein
                 specified
                 ,
                 and
                 in
                 such
                 manner
                 as
                 by
                 the
                 said
                 Schedule
                 is
                 limitted
                 and
                 appointed
                 .
              
               
                 That
                 ,
                 amongst
                 other
                 things
                 ,
                 in
                 the
                 said
                 Instructions
                 ,
                 it
                 is
                 directed
                 ,
                 That
                 the
                 said
                 President
                 ,
                 and
                 others
                 therein
                 appointed
                 ,
                 shall
                 hear
                 and
                 determine
                 according
                 to
                 the
                 course
                 of
                 Procéedings
                 in
                 the
                 Court
                 of
                 Star-Chamber
                 ,
                 divers
                 Offences
                 ,
                 Deceits
                 and
                 Falsities
                 therein
                 mentioned
                 ,
                 whether
                 the
                 same
                 be
                 provided
                 for
                 by
                 Acts
                 of
                 Parliament
                 or
                 not
                 ,
                 so
                 that
                 the
                 Fines
                 imposed
                 be
                 not
                 less
                 than
                 by
                 the
                 Act
                 or
                 Acts
                 of
                 Parliament
                 provided
                 against
                 those
                 Offences
                 is
                 appointed
                 .
              
               
                 That
                 also
                 amongst
                 other
                 things
                 in
                 the
                 said
                 Instructions
                 ,
                 it
                 is
                 directed
                 ,
                 That
                 the
                 said
                 President
                 ,
                 and
                 others
                 therein
                 appointed
                 ,
                 have
                 Power
                 to
                 examine
                 ,
                 hear
                 ,
                 and
                 determine
                 ,
                 according
                 to
                 the
                 course
                 of
                 Proceedings
                 in
                 the
                 Court
                 of
                 Chancery
                 ,
                 all
                 manner
                 of
                 Complaints
                 ,
                 for
                 any
                 matter
                 ,
                 within
                 the
                 said
                 Precincts
                 ,
                 as
                 well
                 concerning
                 Lands
                 ,
                 Tenements
                 ,
                 and
                 Hereditaments
                 ,
                 either
                 Free-hold
                 ,
                 Customary
                 ,
                 or
                 Copy-hold
                 ,
                 as
                 Leases
                 ,
                 and
                 other
                 things
                 therein
                 mentioned
                 ,
                 and
                 to
                 stay
                 Proceedings
                 in
                 the
                 Court
                 of
                 
                   Common
                   Law
                
                 by
                 Injunction
                 ,
                 or
                 otherwise
                 ,
                 by
                 all
                 ways
                 and
                 means
                 ,
                 as
                 is
                 used
                 in
                 the
                 Court
                 of
                 Chancery
                 .
              
               
                 And
                 although
                 the
                 former
                 Presidents
                 of
                 the
                 said
                 Council
                 had
                 never
                 put
                 in
                 practise
                 such
                 Instructions
                 ,
                 nor
                 had
                 they
                 any
                 such
                 Instructions
                 ,
                 yet
                 the
                 said
                 Earl
                 in
                 the
                 month
                 of
                 May
                 in
                 the
                 said
                 Eighth
                 Year
                 ,
                 and
                 divers
                 years
                 following
                 ,
                 did
                 put
                 in
                 practice
                 ,
                 exercise
                 and
                 use
                 ,
                 and
                 caused
                 to
                 be
                 used
                 and
                 put
                 in
                 practice
                 the
                 said
                 Commission
                 and
                 Instructions
                 ,
                 and
                 did
                 direct
                 and
                 exercise
                 an
                 exorbitant
                 and
                 unlawful
                 Power
                 and
                 Iurisdiction
                 over
                 the
                 Persons
                 and
                 Estates
                 of
                 His
                 Majesties
                 Subjects
                 ,
                 in
                 those
                 parts
                 ,
                 
                 and
                 did
                 disinherit
                 divers
                 of
                 His
                 Majesties
                 Subjects
                 in
                 those
                 parts
                 of
                 their
                 Inheritances
                 ,
                 Sequestred
                 their
                 Possessions
                 ,
                 and
                 did
                 Fine
                 ,
                 Ransome
                 ,
                 Punish
                 ,
                 and
                 Imprison
                 them
                 ;
                 and
                 caused
                 them
                 to
                 be
                 Fined
                 ,
                 Ransomed
                 ,
                 Punished
                 and
                 Imprisoned
                 ,
                 to
                 their
                 Ruine
                 and
                 Destruction
                 ;
                 and
                 namely
                 ,
                 Sir
                 
                   Coniers
                   Darcy
                
                 ,
                 Sir
                 
                   John
                   Bourcher
                
                 ,
                 and
                 divers
                 others
                 ,
                 against
                 the
                 Laws
                 ,
                 and
                 in
                 subversion
                 of
                 the
                 same
                 .
                 And
                 the
                 said
                 Commission
                 and
                 Instructions
                 were
                 procured
                 and
                 issued
                 by
                 advice
                 of
                 the
                 said
                 Earl.
                 
              
               
                 And
                 he
                 the
                 said
                 Earl
                 ,
                 to
                 the
                 intent
                 that
                 such
                 Illegal
                 and
                 Unjust
                 Power
                 might
                 be
                 exercised
                 with
                 the
                 greater
                 Licence
                 and
                 Will
                 ,
                 did
                 advise
                 ,
                 counsel
                 ,
                 and
                 procure
                 further
                 Directions
                 ;
                 in
                 and
                 by
                 the
                 said
                 Instructions
                 to
                 be
                 given
                 ,
                 that
                 no
                 Prohibition
                 be
                 granted
                 at
                 all
                 ,
                 but
                 in
                 cases
                 where
                 the
                 said
                 Council
                 shall
                 exceed
                 the
                 limits
                 of
                 the
                 said
                 Instructions
                 :
                 And
                 that
                 if
                 any
                 Writ
                 of
                 
                   Habeas
                   Corpus
                
                 be
                 granted
                 ,
                 the
                 party
                 be
                 not
                 discharged
                 till
                 the
                 party
                 perform
                 the
                 Decrée
                 and
                 Order
                 of
                 the
                 said
                 Council
                 .
              
               
                 And
                 the
                 said
                 Earl
                 in
                 the
                 13th
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 did
                 procure
                 a
                 new
                 Commission
                 to
                 himself
                 ,
                 and
                 others
                 therein
                 appointed
                 ,
                 with
                 the
                 said
                 Instructions
                 ,
                 and
                 other
                 unlawful
                 Additions
                 .
              
               
                 That
                 the
                 said
                 Commission
                 and
                 Instructions
                 were
                 procured
                 by
                 the
                 sollicitation
                 and
                 advice
                 of
                 the
                 said
                 Earl
                 of
                 Strafford
                 .
              
            
             
               
                 II.
                 
              
               
                 That
                 shortly
                 after
                 the
                 obtaining
                 of
                 the
                 said
                 Commission
                 ,
                 dated
                 the
                 21th
                 of
                 March
                 ,
                 in
                 the
                 Eighth
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 (
                 to
                 wit
                 )
                 the
                 last
                 day
                 of
                 August
                 then
                 next
                 following
                 ,
                 he
                 the
                 said
                 Earl
                 (
                 to
                 bring
                 His
                 Majesties
                 Liege-people
                 into
                 a
                 dislike
                 of
                 His
                 Majesty
                 ,
                 and
                 of
                 His
                 Government
                 ,
                 and
                 to
                 terrifie
                 the
                 Iustices
                 ,
                 of
                 the
                 Peace
                 from
                 executing
                 of
                 the
                 Laws
                 :
                 He
                 the
                 said
                 Earl
                 ,
                 being
                 then
                 President
                 ,
                 as
                 aforesaid
                 ,
                 and
                 a
                 Iustice
                 of
                 Peace
                 )
                 did
                 publiquely
                 at
                 the
                 Assizes
                 held
                 for
                 the
                 County
                 of
                 York
                 ,
                 in
                 the
                 City
                 of
                 York
                 ,
                 in
                 and
                 upon
                 the
                 said
                 last
                 day
                 of
                 August
                 ,
                 declare
                 and
                 publish
                 before
                 the
                 people
                 ,
                 there
                 attending
                 for
                 the
                 administration
                 of
                 Iustice
                 according
                 to
                 Law
                 ,
                 and
                 (
                 in
                 the
                 presence
                 of
                 the
                 Iustices
                 sitting
                 )
                 that
                 some
                 of
                 the
                 Iustices
                 were
                 all
                 for
                 Law
                 ,
                 and
                 nothing
                 would
                 please
                 them
                 but
                 Law
                 ;
                 but
                 they
                 should
                 find
                 that
                 the
                 King
                 's
                 little
                 Finger
                 should
                 be
                 heavier
                 than
                 the
                 Loines
                 of
                 the
                 Law.
                 
              
            
             
               
                 III.
                 
              
               
                 That
                 the
                 Realm
                 of
                 Ireland
                 having
                 been
                 time
                 out
                 of
                 mind
                 annexed
                 to
                 the
                 Imperial
                 Crown
                 of
                 this
                 His
                 Majesties
                 Realm
                 of
                 England
                 ,
                 and
                 Governed
                 by
                 the
                 same
                 Laws
                 :
                 The
                 said
                 Earl
                 being
                 Lord
                 Deputy
                 of
                 that
                 Realm
                 ,
                 to
                 bring
                 His
                 Majesties
                 Liege-Subjects
                 of
                 that
                 Kingdom
                 likewise
                 into
                 dislike
                 of
                 His
                 Majesties
                 Government
                 ,
                 and
                 intending
                 the
                 subversion
                 of
                 the
                 Fundamental
                 Laws
                 ,
                 and
                 setled
                 Government
                 of
                 that
                 Realm
                 ,
                 and
                 the
                 destruction
                 of
                 His
                 Majesties
                 Liege-people
                 there
                 ,
                 did
                 upon
                 the
                 30th
                 day
                 of
                 September
                 ,
                 in
                 the
                 Ninth
                 Year
                 of
                 His
                 now
                 Majesties
                 Reign
                 ,
                 in
                 the
                 City
                 of
                 Dublin
                 (
                 the
                 chief
                 City
                 of
                 that
                 Realm
                 ,
                 where
                 His
                 Majesties
                 Privy-Council
                 ,
                 and
                 Courts
                 of
                 Iustice
                 do
                 ordinarily
                 reside
                 ,
                 and
                 whither
                 the
                 Nobility
                 and
                 Gentry
                 of
                 that
                 Realm
                 do
                 usually
                 resort
                 for
                 Iustice
                 ,
                 )
                 in
                 a
                 publick
                 Speech
                 before
                 divers
                 of
                 the
                 Nobility
                 and
                 Gentry
                 of
                 that
                 Kingdom
                 ,
                 and
                 before
                 the
                 Mayor
                 ,
                 Aldermen
                 ,
                 and
                 Recorder
                 ,
                 and
                 many
                 Citizens
                 of
                 Dublin
                 ,
                 and
                 other
                 His
                 Majesties
                 Liege-people
                 ,
                 declare
                 and
                 publish
                 ,
                 That
                 Ireland
                 was
                 a
                 Conquered
                 
                 Nation
                 ,
                 and
                 that
                 the
                 King
                 might
                 do
                 with
                 them
                 what
                 he
                 pleased
                 ;
                 and
                 speaking
                 of
                 the
                 Charters
                 of
                 former
                 Kings
                 of
                 England
                 made
                 to
                 that
                 City
                 ,
                 he
                 further
                 then
                 said
                 ,
                 That
                 their
                 Charters
                 were
                 nothing
                 worth
                 ,
                 and
                 did
                 bind
                 the
                 King
                 no
                 further
                 than
                 He
                 pleased
                 .
              
            
             
               
                 IV.
                 
              
               
                 That
                 Richard
                 Earl
                 of
                 Cork
                 ,
                 having
                 sued
                 out
                 Process-in
                 course
                 of
                 Law
                 for
                 recovery
                 of
                 his
                 Possessions
                 ,
                 from
                 which
                 he
                 was
                 put
                 ,
                 by
                 colour
                 of
                 an
                 Order
                 made
                 by
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 and
                 the
                 Council-Table
                 of
                 the
                 said
                 Realm
                 of
                 Ireland
                 ,
                 upon
                 a
                 Paper-Petition
                 ,
                 without
                 Legal
                 procéeding
                 ,
                 did
                 the
                 20th
                 day
                 of
                 February
                 ,
                 in
                 the
                 Eleventh
                 Year
                 of
                 His
                 now
                 Majesties
                 Reign
                 ,
                 threaten
                 the
                 said
                 Earl
                 (
                 being
                 then
                 a
                 Péer
                 of
                 the
                 said
                 Realm
                 )
                 to
                 imprison
                 him
                 ,
                 unless
                 he
                 would
                 surcease
                 his
                 Suit
                 ,
                 and
                 said
                 ,
                 That
                 he
                 would
                 have
                 neither
                 Law
                 nor
                 Lawyers
                 dispute
                 or
                 question
                 his
                 Orders
                 .
                 And
                 the
                 20th
                 day
                 of
                 March
                 ,
                 in
                 the
                 said
                 Eleventh
                 Year
                 ,
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 speaking
                 of
                 an
                 Order
                 of
                 the
                 said
                 Council-Table
                 of
                 that
                 Realm
                 ,
                 made
                 in
                 the
                 time
                 of
                 King
                 James
                 ,
                 which
                 concerned
                 a
                 Lease
                 ,
                 which
                 the
                 said
                 Earl
                 of
                 Cork
                 claimed
                 in
                 certain
                 Rectories
                 or
                 Tythes
                 which
                 the
                 said
                 Earl
                 of
                 Cork
                 alledged
                 to
                 be
                 of
                 no
                 force
                 ,
                 said
                 ,
                 That
                 he
                 would
                 make
                 the
                 said
                 Earl
                 ,
                 and
                 all
                 Ireland
                 know
                 ,
                 that
                 so
                 long
                 as
                 he
                 had
                 the
                 Government
                 there
                 ,
                 any
                 Act
                 of
                 State
                 ,
                 there
                 made
                 ,
                 or
                 to
                 be
                 made
                 ,
                 should
                 be
                 as
                 binding
                 to
                 the
                 Subjects
                 of
                 that
                 Kingdom
                 as
                 an
                 Act
                 of
                 Parliament
                 ;
                 And
                 did
                 question
                 the
                 said
                 Earl
                 of
                 Cork
                 in
                 the
                 Castle-Chamber
                 there
                 ,
                 upon
                 pretence
                 of
                 breach
                 of
                 the
                 said
                 Order
                 of
                 Council-Table
                 ,
                 and
                 did
                 sundry
                 other
                 times
                 ,
                 and
                 upon
                 sundry
                 other
                 occasions
                 ,
                 by
                 his
                 words
                 and
                 spéeches
                 arrogate
                 to
                 himself
                 a
                 Power
                 above
                 the
                 Fundamental
                 Laws
                 ,
                 and
                 Established
                 Government
                 of
                 that
                 Kingdom
                 ,
                 and
                 scorned
                 the
                 said
                 Laws
                 and
                 Established
                 Government
                 .
              
            
             
               
                 V.
                 
              
               
                 That
                 according
                 to
                 such
                 his
                 Declarations
                 and
                 Spéeches
                 ,
                 the
                 said
                 Earl
                 of
                 Strafford
                 did
                 use
                 and
                 exercise
                 a
                 Power
                 above
                 and
                 against
                 ,
                 and
                 to
                 the
                 subversion
                 of
                 the
                 said
                 Fundamental
                 Laws
                 ,
                 and
                 Established
                 Government
                 of
                 the
                 said
                 Realm
                 of
                 Ireland
                 ,
                 extending
                 such
                 his
                 Power
                 ,
                 to
                 the
                 Goods
                 ,
                 Fréeholds
                 ,
                 Inheritances
                 ,
                 Liberties
                 and
                 Lives
                 of
                 His
                 Majesties
                 Subjects
                 of
                 the
                 said
                 Realm
                 ;
                 and
                 namely
                 ,
                 the
                 said
                 Earl
                 of
                 Strafford
                 the
                 12th
                 day
                 of
                 
                   December
                   ,
                   Anno
                   Domini
                
                 ,
                 1635.
                 in
                 the
                 time
                 of
                 full
                 Peace
                 ,
                 did
                 ,
                 in
                 the
                 said
                 Realm
                 of
                 Ireland
                 ,
                 give
                 and
                 procure
                 to
                 be
                 given
                 against
                 the
                 Lord
                 Mountnorris
                 (
                 then
                 and
                 yet
                 a
                 Péer
                 of
                 the
                 said
                 Realm
                 of
                 Ireland
                 ,
                 and
                 then
                 Uice-Treasurer
                 and
                 Receiver-General
                 of
                 the
                 Realm
                 of
                 Ireland
                 ,
                 and
                 Treasurer
                 at
                 War
                 ,
                 and
                 one
                 of
                 the
                 Principal
                 Secretaries
                 of
                 State
                 ,
                 and
                 kéeper
                 of
                 the
                 Privy-Signet
                 of
                 the
                 said
                 Kingdom
                 ,
                 )
                 a
                 Sentence
                 of
                 Death
                 ,
                 by
                 a
                 Council
                 of
                 War
                 called
                 together
                 by
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 without
                 any
                 Warrant
                 or
                 Authority
                 of
                 Law
                 or
                 Offence
                 ,
                 deserving
                 any
                 such
                 punishment
                 .
                 And
                 he
                 the
                 said
                 Earl
                 did
                 also
                 at
                 Dublin
                 ,
                 within
                 the
                 said
                 Realm
                 of
                 Ireland
                 ,
                 in
                 the
                 Month
                 of
                 March
                 ,
                 in
                 the
                 Fourtéenth
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 without
                 any
                 Legal
                 or
                 due
                 Procéedings
                 or
                 Trial
                 ,
                 give
                 and
                 cause
                 to
                 be
                 given
                 ,
                 a
                 Sentence
                 of
                 Death
                 against
                 one
                 other
                 of
                 His
                 Majesties
                 Subjects
                 ,
                 whose
                 name
                 is
                 yet
                 unknown
                 ,
                 and
                 caused
                 him
                 to
                 be
                 put
                 to
                 Death
                 ,
                 in
                 execution
                 of
                 the
                 same
                 Sentence
                 .
              
            
             
               
               
                 VI.
                 
              
               
                 That
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 without
                 any
                 Legal
                 Procéedings
                 ,
                 and
                 upon
                 a
                 Paper-Petition
                 of
                 
                   Richard
                   Rolston
                
                 ,
                 did
                 cause
                 the
                 said
                 Lord
                 Mountnorris
                 to
                 be
                 disseised
                 ,
                 and
                 put
                 out
                 of
                 Possession
                 of
                 his
                 Freehold
                 and
                 Inheritance
                 of
                 his
                 Mannor
                 of
                 Tymore
                 in
                 the
                 County
                 of
                 Armagh
                 ,
                 in
                 the
                 Kingdom
                 of
                 Ireland
                 ,
                 the
                 said
                 Lord
                 Mountnorris
                 having
                 been
                 18
                 years
                 before
                 in
                 quiet
                 possession
                 thereof
                 .
              
            
             
               
                 VII
                 .
              
               
                 That
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 in
                 the
                 Term
                 of
                 holy
                 Trinity
                 ,
                 in
                 the
                 Thirteenth
                 Year
                 of
                 His
                 now
                 Majesties
                 Reign
                 ,
                 did
                 cause
                 a
                 Case
                 ,
                 commonly
                 called
                 
                   The
                   Case
                   of
                   Tenures
                   upon
                   defective
                   Titles
                   ,
                
                 to
                 be
                 made
                 and
                 drawn
                 up
                 without
                 any
                 Iury
                 or
                 Tryal
                 ,
                 or
                 other
                 Legal
                 Process
                 ,
                 and
                 without
                 the
                 consent
                 of
                 Parties
                 ,
                 and
                 did
                 then
                 procure
                 the
                 Iudges
                 of
                 the
                 said
                 Realm
                 of
                 Ireland
                 ,
                 to
                 deliver
                 their
                 Opinions
                 and
                 Resolutions
                 to
                 that
                 case
                 ,
                 and
                 by
                 colour
                 of
                 such
                 Opinion
                 ,
                 did
                 without
                 any
                 Legal
                 procéeding
                 ,
                 cause
                 Thomas
                 Lord
                 Dillon
                 ,
                 a
                 Péer
                 of
                 the
                 said
                 Realm
                 of
                 Ireland
                 ,
                 to
                 be
                 put
                 out
                 of
                 the
                 possession
                 of
                 divers
                 Lands
                 and
                 Tenements
                 ,
                 being
                 his
                 Fréehold
                 in
                 the
                 Country
                 of
                 Mayo
                 and
                 Roscomen
                 ,
                 in
                 the
                 said
                 Kingdom
                 ,
                 and
                 divers
                 other
                 of
                 His
                 Majesties
                 Subjects
                 to
                 be
                 put
                 out
                 of
                 Possession
                 ,
                 and
                 disseised
                 of
                 their
                 Fréehold
                 by
                 colour
                 of
                 the
                 same
                 Resolution
                 ,
                 without
                 Legal
                 proceedings
                 ,
                 whereby
                 many
                 hundreds
                 of
                 His
                 Majesties
                 Subjects
                 were
                 undone
                 ,
                 and
                 their
                 Families
                 utterly
                 ruinated
                 .
              
            
             
               
                 VIII
                 .
              
               
                 That
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 upon
                 a
                 Petition
                 of
                 Sir
                 
                   John
                   Gifford
                
                 Knight
                 ,
                 the
                 first
                 day
                 of
                 February
                 ,
                 in
                 the
                 said
                 Thirteenth
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 without
                 any
                 Legal
                 Process
                 ,
                 made
                 a
                 Decrée
                 or
                 Order
                 against
                 Adam
                 Uiscount
                 Loftus
                 of
                 Ely
                 ,
                 a
                 Peer
                 of
                 the
                 said
                 Realm
                 of
                 Ireland
                 ,
                 and
                 Lord
                 Chancellor
                 of
                 Ireland
                 ,
                 and
                 did
                 cause
                 the
                 said
                 Uiscount
                 to
                 be
                 imprisoned
                 ,
                 and
                 kept
                 close
                 Prisoner
                 ,
                 on
                 pretence
                 of
                 Disobedience
                 to
                 the
                 said
                 Decree
                 or
                 Order
                 .
              
               
                 And
                 the
                 said
                 Earl
                 ,
                 without
                 any
                 Authority
                 ,
                 and
                 contrary
                 to
                 his
                 Commission
                 ,
                 required
                 and
                 commanded
                 the
                 said
                 Lord
                 Uiscount
                 to
                 yield
                 up
                 unto
                 him
                 the
                 Great
                 Seal
                 of
                 the
                 Realm
                 of
                 Ireland
                 ,
                 which
                 was
                 then
                 in
                 his
                 Custody
                 ,
                 by
                 His
                 Majesties
                 Command
                 ,
                 and
                 imprisoned
                 the
                 said
                 Chancellor
                 for
                 not
                 obeying
                 such
                 his
                 Command
                 .
              
               
                 And
                 without
                 any
                 Legal
                 Proceeding
                 ,
                 did
                 in
                 the
                 same
                 Thirtéenth
                 Year
                 imprison
                 George
                 Earl
                 of
                 Kildare
                 ,
                 a
                 Péer
                 of
                 Ireland
                 ,
                 against
                 Law
                 ,
                 thereby
                 to
                 enforce
                 him
                 to
                 submit
                 his
                 Title
                 to
                 the
                 Mannor
                 and
                 Lordship
                 of
                 Castleleigh
                 in
                 the
                 Quéens
                 Country
                 ,
                 (
                 being
                 of
                 great
                 yearly
                 value
                 )
                 to
                 the
                 said
                 Earl
                 of
                 Strafford's
                 Will
                 and
                 Pleasure
                 ,
                 and
                 kept
                 him
                 a
                 year
                 Prisoner
                 for
                 the
                 said
                 cause
                 ;
                 two
                 months
                 whereof
                 he
                 kept
                 him
                 close
                 Prisoner
                 ,
                 and
                 refused
                 to
                 enlarge
                 him
                 ,
                 notwithstanding
                 His
                 Majesties
                 Letters
                 for
                 his
                 Enlargement
                 to
                 the
                 said
                 Earl
                 of
                 Strafford
                 directed
                 .
              
               
                 And
                 upon
                 a
                 Petition
                 exhibited
                 in
                 
                   October
                   ,
                   Anno
                   Domini
                
                 1635.
                 by
                 
                   Thomas
                   Hibbots
                
                 ,
                 against
                 Dame
                 
                   Mary
                   Hibbots
                
                 Widow
                 ,
                 to
                 him
                 the
                 said
                 Earl
                 of
                 Strafford
                 ;
                 the
                 said
                 Earl
                 of
                 Strafford
                 recommended
                 the
                 said
                 
                 Petition
                 to
                 the
                 Council-Table
                 of
                 Ireland
                 ,
                 where
                 the
                 most
                 part
                 of
                 the
                 Council
                 gave
                 their
                 Uote
                 and
                 Opinion
                 for
                 the
                 said
                 Lady
                 ;
                 but
                 the
                 said
                 Earl
                 finding
                 fault
                 herewith
                 ,
                 caused
                 an
                 Order
                 to
                 be
                 entred
                 against
                 the
                 said
                 Lady
                 ,
                 and
                 threatned
                 her
                 ,
                 that
                 if
                 she
                 refused
                 to
                 submit
                 thereunto
                 ,
                 he
                 would
                 imprison
                 her
                 ,
                 and
                 fine
                 her
                 Five
                 hundred
                 pounds
                 ;
                 that
                 if
                 she
                 continued
                 obstinate
                 ,
                 he
                 would
                 continue
                 her
                 Imprisonment
                 ,
                 and
                 double
                 her
                 Fine
                 every
                 month
                 ;
                 by
                 means
                 whereof
                 she
                 was
                 enforced
                 to
                 relinquish
                 her
                 Estate
                 in
                 the
                 Lands
                 questioned
                 in
                 the
                 said
                 Petition
                 ,
                 which
                 shortly
                 after
                 were
                 conveyed
                 to
                 Sir
                 
                   Robert
                   Meredith
                
                 ,
                 to
                 the
                 use
                 of
                 the
                 said
                 Earl
                 of
                 Strafford
                 .
              
               
                 And
                 the
                 said
                 Earl
                 in
                 like
                 manner
                 did
                 imprison
                 divers
                 others
                 of
                 His
                 Majesties
                 Subjects
                 ,
                 upon
                 pretence
                 of
                 Disobedience
                 to
                 his
                 Orders
                 ,
                 Decrées
                 ,
                 and
                 other
                 illegal
                 Command
                 by
                 him
                 made
                 for
                 pretended
                 Debts
                 ,
                 Titles
                 of
                 Lands
                 ,
                 and
                 other
                 Causes
                 in
                 an
                 Arbitrary
                 and
                 extrajudicial
                 course
                 ,
                 upon
                 Paper-Petitions
                 ,
                 to
                 him
                 preferred
                 ,
                 and
                 no
                 Cause
                 legally
                 depending
                 .
              
            
             
               
                 IX
                 .
              
               
                 That
                 the
                 said
                 Earl
                 of
                 Strafford
                 the
                 Sixteenth
                 day
                 of
                 February
                 ,
                 in
                 the
                 Twelfth
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 assuming
                 to
                 himself
                 a
                 Power
                 above
                 and
                 against
                 Law
                 ,
                 took
                 upon
                 him
                 by
                 a
                 general
                 Warrant
                 under
                 his
                 hand
                 ,
                 to
                 give
                 Power
                 to
                 the
                 Lord
                 Bishop
                 of
                 Down
                 and
                 Connor
                 his
                 Chancellor
                 ,
                 or
                 Chancellors
                 ,
                 and
                 their
                 several
                 Officers
                 thereto
                 to
                 be
                 appointed
                 ,
                 to
                 attach
                 and
                 arrest
                 the
                 Bodies
                 of
                 all
                 such
                 of
                 the
                 meaner
                 and
                 poorer
                 sort
                 ,
                 who
                 after
                 Citation
                 should
                 either
                 refuse
                 to
                 appear
                 before
                 them
                 ,
                 or
                 appearing
                 ,
                 should
                 omit
                 or
                 deny
                 to
                 perform
                 ,
                 or
                 undergo
                 all
                 lawful
                 Decrees
                 ,
                 Sentences
                 ,
                 and
                 Orders
                 ,
                 issued
                 ,
                 imposed
                 ,
                 or
                 given
                 out
                 against
                 them
                 ,
                 and
                 them
                 to
                 commit
                 and
                 keep
                 in
                 the
                 next
                 Gaol
                 ,
                 until
                 they
                 should
                 either
                 perform
                 such
                 Sentences
                 ,
                 or
                 put
                 in
                 sufficient
                 Bail
                 to
                 shew
                 some
                 reason
                 before
                 the
                 Council-Table
                 ,
                 of
                 such
                 their
                 contempt
                 and
                 neglect
                 ;
                 and
                 the
                 said
                 Earl
                 ,
                 the
                 day
                 and
                 year
                 last
                 mentioned
                 ,
                 signed
                 and
                 issued
                 a
                 Warrant
                 to
                 that
                 effect
                 ,
                 and
                 made
                 the
                 like
                 Warrants
                 to
                 several
                 other
                 Bishops
                 and
                 their
                 Chancellors
                 in
                 the
                 said
                 Realm
                 of
                 Ireland
                 to
                 the
                 same
                 effect
                 .
              
            
             
               
                 X.
                 
              
               
                 That
                 the
                 said
                 Earl
                 of
                 Strafford
                 being
                 Lord
                 Lieutenant
                 ,
                 or
                 Deputy
                 of
                 Ireland
                 ,
                 procured
                 the
                 Customs
                 of
                 the
                 Merchandize
                 Exported
                 out
                 ,
                 and
                 Imported
                 into
                 that
                 Realm
                 ,
                 to
                 be
                 farmed
                 to
                 his
                 own
                 Use.
                 
              
               
                 And
                 in
                 the
                 Ninth
                 Year
                 of
                 His
                 now
                 Majesties
                 Reign
                 ,
                 he
                 having
                 then
                 Interest
                 in
                 the
                 said
                 Customs
                 (
                 to
                 advance
                 his
                 own
                 Gain
                 and
                 Lucre
                 )
                 did
                 cause
                 and
                 procure
                 the
                 native
                 Commodities
                 of
                 Ireland
                 ,
                 to
                 be
                 rated
                 in
                 the
                 Book
                 of
                 Rates
                 for
                 the
                 Customs
                 (
                 according
                 to
                 which
                 the
                 Customs
                 were
                 usually
                 gathered
                 )
                 at
                 far
                 greater
                 Ualues
                 and
                 Prices
                 than
                 in
                 truth
                 they
                 were
                 worth
                 (
                 that
                 is
                 to
                 say
                 )
                 every
                 Hyde
                 at
                 Twenty
                 shillings
                 ,
                 which
                 in
                 truth
                 was
                 worth
                 but
                 Five
                 shillings
                 ,
                 every
                 Stone
                 of
                 Wooll
                 at
                 Thirteen
                 shillings
                 four
                 pence
                 ,
                 though
                 the
                 same
                 were
                 really
                 worth
                 but
                 Five
                 shillings
                 ,
                 at
                 the
                 utmost
                 Niue
                 shillings
                 ;
                 by
                 which
                 means
                 ,
                 the
                 Custom
                 ,
                 which
                 before
                 was
                 but
                 a
                 twentieth
                 part
                 of
                 the
                 true
                 value
                 of
                 the
                 Commodity
                 ,
                 was
                 enhanced
                 sometimes
                 a
                 Fifth
                 part
                 ,
                 and
                 
                 sometimes
                 to
                 a
                 fourth
                 ,
                 and
                 sometimes
                 to
                 a
                 third
                 part
                 of
                 the
                 true
                 value
                 ,
                 to
                 the
                 great
                 Oppression
                 of
                 the
                 Subjects
                 ,
                 and
                 decay
                 of
                 Merchandise
                 .
              
            
             
               
                 XI
                 .
              
               
                 That
                 the
                 said
                 Earl
                 ,
                 in
                 the
                 Ninth
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 did
                 by
                 his
                 own
                 Will
                 and
                 Pleasure
                 ,
                 and
                 for
                 his
                 own
                 Lucre
                 ,
                 restrain
                 the
                 Exportation
                 of
                 the
                 Commodities
                 of
                 that
                 Kingdom
                 without
                 his
                 Licence
                 ,
                 as
                 namely
                 ,
                 Pipe-staves
                 ,
                 and
                 other
                 Commodities
                 ,
                 and
                 then
                 raised
                 great
                 Sums
                 of
                 Money
                 for
                 Licences
                 of
                 Exportation
                 of
                 those
                 Commodities
                 ,
                 and
                 dispensation
                 of
                 the
                 said
                 Restraints
                 imposed
                 on
                 them
                 ,
                 by
                 which
                 means
                 the
                 Pipe-staves
                 were
                 raised
                 from
                 Four
                 pound
                 ten
                 shillings
                 ,
                 or
                 Five
                 pound
                 per
                 thousand
                 ,
                 to
                 ten
                 pounds
                 ,
                 and
                 sometimes
                 Eleven
                 pound
                 per
                 thousand
                 ;
                 and
                 other
                 Commodities
                 were
                 enhanced
                 in
                 the
                 like
                 proportion
                 ,
                 and
                 by
                 the
                 same
                 means
                 ,
                 by
                 him
                 the
                 said
                 Earl.
                 
              
            
             
               
                 XII
                 .
              
               
                 That
                 the
                 said
                 Earl
                 ,
                 being
                 Lord
                 Deputy
                 of
                 Ireland
                 ,
                 on
                 the
                 Ninth
                 day
                 of
                 January
                 ,
                 in
                 the
                 Thirteenth
                 Year
                 of
                 His
                 now
                 Majesties
                 Reign
                 ,
                 did
                 then
                 under
                 colour
                 to
                 regulate
                 the
                 Importation
                 of
                 Tobacco
                 into
                 the
                 said
                 Realm
                 of
                 Ireland
                 ,
                 issue
                 a
                 Proclamation
                 in
                 His
                 Majesties
                 Name
                 ,
                 prohibiting
                 the
                 Importation
                 of
                 Tobacco
                 ,
                 without
                 Licence
                 of
                 Him
                 and
                 the
                 Council
                 there
                 ,
                 from
                 and
                 after
                 the
                 First
                 day
                 of
                 
                   May
                   ,
                   Anno
                   Dom.
                
                 1638.
                 after
                 which
                 Restraint
                 ,
                 the
                 said
                 Earl
                 ,
                 notwithstanding
                 the
                 said
                 Restraint
                 ,
                 caused
                 divers
                 great
                 quantities
                 of
                 Tobacco
                 to
                 be
                 Imported
                 to
                 his
                 own
                 use
                 ,
                 and
                 fraughted
                 divers
                 Ships
                 with
                 Tobacco
                 ,
                 which
                 he
                 Imported
                 to
                 his
                 own
                 use
                 :
                 and
                 that
                 if
                 any
                 Ship
                 brought
                 Tobacco
                 into
                 any
                 Port
                 there
                 ,
                 the
                 said
                 Earl
                 ,
                 and
                 his
                 Agents
                 ,
                 used
                 to
                 buy
                 the
                 same
                 to
                 his
                 own
                 use
                 ,
                 at
                 their
                 own
                 price
                 ;
                 and
                 if
                 that
                 the
                 Owners
                 refused
                 to
                 let
                 him
                 have
                 the
                 same
                 at
                 under
                 values
                 ,
                 then
                 they
                 were
                 not
                 permitted
                 to
                 vent
                 the
                 same
                 there
                 ;
                 by
                 which
                 undue
                 means
                 ,
                 the
                 said
                 Earl
                 having
                 gotten
                 the
                 whole
                 Trade
                 of
                 Tobacco
                 into
                 his
                 own
                 hands
                 ,
                 he
                 sold
                 it
                 at
                 great
                 and
                 excessive
                 prizes
                 ,
                 such
                 as
                 he
                 list
                 to
                 Impose
                 for
                 his
                 own
                 profit
                 .
              
               
                 And
                 the
                 more
                 to
                 assure
                 the
                 said
                 Monopoly
                 of
                 Tobacco
                 ,
                 he
                 the
                 said
                 Earl
                 on
                 the
                 Thrée
                 and
                 twentieth
                 day
                 of
                 February
                 ,
                 in
                 the
                 Thirteenth
                 Year
                 aforesaid
                 ,
                 did
                 issue
                 another
                 Proclamation
                 ,
                 commanding
                 that
                 none
                 should
                 put
                 to
                 sale
                 any
                 Tobacco
                 by
                 Whole-Sale
                 ,
                 from
                 and
                 after
                 the
                 last
                 day
                 of
                 May
                 ,
                 then
                 next
                 following
                 ,
                 but
                 what
                 should
                 be
                 made
                 up
                 into
                 Rolls
                 ,
                 and
                 the
                 same
                 sealed
                 with
                 two
                 Seals
                 by
                 himself
                 appointed
                 ,
                 one
                 at
                 each
                 end
                 of
                 the
                 Roll.
                 And
                 such
                 as
                 was
                 not
                 sealed
                 ,
                 to
                 be
                 seized
                 ,
                 appointing
                 six
                 pence
                 the
                 pound
                 for
                 a
                 Reward
                 to
                 such
                 persons
                 as
                 should
                 seize
                 the
                 same
                 :
                 and
                 the
                 persons
                 in
                 whose
                 custody
                 the
                 unsealed
                 Tobacco
                 should
                 be
                 found
                 ,
                 to
                 be
                 committed
                 to
                 Gaol
                 ;
                 which
                 last
                 Proclamation
                 was
                 coloured
                 by
                 a
                 pretence
                 for
                 the
                 restraining
                 of
                 the
                 sale
                 of
                 unwholesome
                 Tobacco
                 ,
                 but
                 it
                 was
                 truly
                 to
                 advance
                 the
                 said
                 Monopoly
                 .
              
               
                 Which
                 Proclamation
                 the
                 said
                 Earl
                 did
                 rigorously
                 put
                 in
                 execution
                 ,
                 by
                 seizing
                 the
                 Goods
                 ,
                 Fining
                 ,
                 Imprisoning
                 ,
                 Whipping
                 ,
                 and
                 putting
                 the
                 Offenders
                 against
                 the
                 same
                 Proclamation
                 on
                 the
                 Pillory
                 ;
                 as
                 namely
                 ,
                 
                   Banaby
                   Hubbard
                   ,
                   Edward
                   Cavena
                   ,
                   John
                   Tumen
                   ,
                
                 and
                 divers
                 others
                 ;
                 and
                 made
                 the
                 Officers
                 of
                 State
                 ,
                 and
                 Iustices
                 of
                 Peace
                 ,
                 and
                 other
                 Officers
                 to
                 serve
                 him
                 in
                 the
                 compassing
                 and
                 executing
                 these
                 unjust
                 and
                 undue
                 
                 Courses
                 ,
                 by
                 which
                 Cruelties
                 ,
                 and
                 unjust
                 Monopolies
                 ,
                 the
                 said
                 Earl
                 raised
                 100000
                 
                   l.
                   per
                   annum
                
                 gain
                 to
                 himself
                 .
                 And
                 yet
                 the
                 said
                 Earl
                 though
                 he
                 enhanced
                 the
                 Customs
                 ,
                 where
                 it
                 concerned
                 the
                 Merchants
                 in
                 general
                 ,
                 yet
                 drew
                 down
                 the
                 Impost
                 ,
                 formerly
                 taken
                 on
                 Tobacco
                 ,
                 from
                 Six
                 pence
                 the
                 pound
                 to
                 Three
                 pence
                 the
                 pound
                 ,
                 it
                 being
                 for
                 his
                 own
                 profit
                 so
                 to
                 do
                 .
              
               
                 And
                 the
                 said
                 Earl
                 ,
                 by
                 the
                 same
                 ,
                 and
                 other
                 rigorous
                 and
                 undue
                 means
                 ,
                 raised
                 several
                 other
                 Monopolies
                 and
                 unlawful
                 Exactions
                 for
                 his
                 own
                 gain
                 ,
                 viz.
                 on
                 Starch
                 ,
                 Iron-pots
                 ,
                 Glasses
                 ,
                 Tobacco-pipes
                 ,
                 and
                 several
                 other
                 Commodities
                 .
              
            
             
               
                 XIII
                 .
              
               
                 That
                 Flax
                 being
                 one
                 of
                 the
                 principal
                 and
                 Native
                 Commodities
                 of
                 that
                 Kingdom
                 of
                 Ireland
                 ,
                 the
                 said
                 Earl
                 having
                 gotten
                 great
                 quantities
                 thereof
                 into
                 his
                 hands
                 ,
                 and
                 growing
                 on
                 his
                 own
                 Lands
                 ,
                 did
                 issue
                 out
                 several
                 Proclamations
                 ,
                 viz.
                 the
                 one
                 dated
                 the
                 One
                 and
                 thirtieth
                 day
                 of
                 May
                 ,
                 and
                 the
                 Twelfth
                 of
                 His
                 Majesties
                 Reign
                 ;
                 and
                 the
                 other
                 dated
                 the
                 One
                 and
                 thirtieth
                 day
                 of
                 January
                 in
                 the
                 same
                 Year
                 ,
                 thereby
                 prescribing
                 and
                 enjoyning
                 the
                 working
                 of
                 Flar
                 into
                 Yarn
                 and
                 Thread
                 ,
                 and
                 the
                 Ordering
                 of
                 the
                 same
                 in
                 such
                 ways
                 wherein
                 the
                 Natives
                 of
                 that
                 Kingdom
                 were
                 unpractized
                 and
                 unskilful
                 :
                 which
                 Proclamations
                 so
                 issued
                 ,
                 were
                 by
                 his
                 Commands
                 and
                 Warrants
                 to
                 His
                 Majesties
                 Iustices
                 of
                 Peace
                 ,
                 and
                 other
                 Officers
                 ,
                 and
                 by
                 other
                 rigorous
                 means
                 put
                 in
                 Execution
                 ,
                 and
                 the
                 Flax
                 wrought
                 or
                 ordered
                 in
                 other
                 manner
                 than
                 as
                 the
                 said
                 Proclamation
                 prescribed
                 ,
                 was
                 seized
                 and
                 employed
                 to
                 the
                 use
                 of
                 him
                 and
                 his
                 Agents
                 ,
                 and
                 thereby
                 the
                 said
                 Earl
                 endeavoured
                 to
                 gain
                 ,
                 and
                 did
                 gain
                 in
                 effect
                 the
                 sole
                 Sale
                 of
                 that
                 Native
                 Commodity
                 .
              
            
             
               
                 XIV
                 .
              
               
                 That
                 the
                 said
                 Earl
                 ,
                 by
                 Proclamation
                 dated
                 the
                 Sixteenth
                 of
                 October
                 ,
                 in
                 the
                 Fourteenth
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 did
                 impose
                 upon
                 the
                 Owners
                 ,
                 Masters
                 ,
                 Pursers
                 ,
                 and
                 Boat-Swaines
                 of
                 every
                 Ship
                 ,
                 a
                 new
                 and
                 unlawful
                 Oath
                 ,
                 viz.
                 That
                 they
                 (
                 or
                 two
                 or
                 more
                 of
                 them
                 )
                 immediately
                 after
                 the
                 arrival
                 of
                 any
                 Ship
                 within
                 any
                 Port
                 or
                 Créek
                 in
                 the
                 said
                 Kingdom
                 of
                 Ireland
                 ,
                 should
                 give
                 in
                 a
                 true
                 In-voice
                 of
                 the
                 outward
                 bulk
                 of
                 Wares
                 and
                 Merchandizes
                 first
                 laden
                 aboard
                 them
                 ,
                 together
                 with
                 the
                 several
                 marks
                 and
                 number
                 of
                 Goods
                 ,
                 and
                 their
                 qualities
                 and
                 condition
                 of
                 the
                 said
                 Goods
                 ,
                 as
                 far
                 as
                 to
                 them
                 should
                 be
                 known
                 ,
                 the
                 Names
                 of
                 the
                 several
                 Merchants
                 Proprietors
                 of
                 the
                 said
                 Goods
                 ,
                 and
                 the
                 place
                 from
                 whence
                 they
                 were
                 Fraughted
                 ,
                 and
                 whither
                 they
                 were
                 Bound
                 to
                 discharge
                 ;
                 which
                 Proclamation
                 was
                 accordingly
                 put
                 in
                 Execution
                 ,
                 and
                 sundry
                 persons
                 enforced
                 to
                 take
                 the
                 said
                 unlawful
                 Oath
                 .
              
            
             
               
                 XV.
                 
              
               
                 That
                 the
                 said
                 Earl
                 of
                 Strafford
                 trayterously
                 and
                 wickedly
                 devised
                 and
                 contrived
                 ,
                 by
                 force
                 of
                 Arms
                 ,
                 and
                 in
                 a
                 War-like
                 manner
                 ,
                 to
                 subdue
                 the
                 Subjects
                 of
                 the
                 said
                 Realm
                 of
                 Ireland
                 ,
                 and
                 to
                 bring
                 them
                 under
                 his
                 Tyrannical
                 Power
                 and
                 Will
                 ;
                 and
                 in
                 pursuance
                 of
                 his
                 wicked
                 and
                 trayterous
                 Purposes
                 aforesaid
                 ,
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 in
                 the
                 Eighth
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 did
                 ,
                 by
                 his
                 own
                 Authority
                 ,
                 without
                 any
                 
                 Warrant
                 or
                 colour
                 of
                 Law
                 ,
                 Tax
                 and
                 Impose
                 great
                 Sums
                 of
                 Money
                 upon
                 the
                 Towns
                 of
                 
                   Baltemore
                   ,
                   Bauden-Bridge
                   ,
                   Talowe
                
                 ,
                 and
                 divers
                 other
                 Towns
                 and
                 Places
                 in
                 the
                 said
                 Realm
                 of
                 Ireland
                 ;
                 and
                 did
                 cause
                 the
                 same
                 to
                 be
                 levied
                 upon
                 the
                 Inhabitants
                 of
                 those
                 Towns
                 by
                 Troops
                 of
                 Souldiers
                 ,
                 with
                 Force
                 and
                 Arms
                 ,
                 in
                 a
                 War-like
                 manner
                 .
                 And
                 on
                 the
                 Ninth
                 day
                 of
                 March
                 ,
                 in
                 the
                 Twelfth
                 Year
                 of
                 His
                 now
                 Majesties
                 Reign
                 ,
                 trayterously
                 did
                 give
                 Authority
                 unto
                 
                   Robert
                   Savile
                
                 ,
                 a
                 Serjeant
                 at
                 Arms
                 ,
                 and
                 to
                 the
                 Captains
                 of
                 the
                 Companies
                 of
                 Souldiers
                 ,
                 in
                 several
                 parts
                 of
                 that
                 Realm
                 ,
                 to
                 send
                 such
                 numbers
                 of
                 Souldiers
                 to
                 lie
                 on
                 the
                 Lands
                 and
                 Houses
                 of
                 such
                 as
                 would
                 not
                 conform
                 to
                 his
                 Orders
                 ,
                 until
                 they
                 should
                 render
                 Obedience
                 to
                 his
                 said
                 Orders
                 and
                 Warrants
                 ,
                 and
                 after
                 such
                 submission
                 (
                 and
                 not
                 before
                 )
                 the
                 said
                 Souldiers
                 to
                 return
                 to
                 their
                 Garrisons
                 .
                 And
                 did
                 also
                 issue
                 the
                 like
                 Warrants
                 unto
                 divers
                 others
                 ,
                 which
                 Warrants
                 were
                 in
                 War-like
                 manner
                 ,
                 with
                 Force
                 and
                 Arms
                 ,
                 put
                 in
                 Execution
                 accordingly
                 ;
                 and
                 by
                 such
                 War-like
                 means
                 did
                 force
                 divers
                 of
                 His
                 Majesties
                 Subjects
                 of
                 that
                 Realm
                 ,
                 to
                 submit
                 themselves
                 to
                 his
                 unlawful
                 Commands
                 .
              
               
                 And
                 in
                 the
                 said
                 Twelfth
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 the
                 said
                 Earl
                 of
                 Strafford
                 did
                 traiterously
                 cause
                 certain
                 Troops
                 of
                 Horse
                 and
                 Foot
                 ,
                 armed
                 in
                 War-like
                 manner
                 ,
                 and
                 in
                 War-like
                 array
                 ,
                 with
                 Force
                 and
                 Arms
                 ,
                 to
                 expel
                 
                   Richard
                   Butler
                
                 from
                 the
                 Possession
                 of
                 the
                 Mannor
                 of
                 Castle-Cumber
                 ,
                 in
                 the
                 Territory
                 of
                 Idough
                 ,
                 in
                 the
                 said
                 Realm
                 of
                 Ireland
                 ,
                 and
                 did
                 likewise
                 ,
                 and
                 in
                 the
                 War-like
                 manner
                 ,
                 expel
                 divers
                 of
                 His
                 Majesties
                 Subjects
                 from
                 their
                 Houses
                 ,
                 Families
                 ,
                 and
                 Possessions
                 ;
                 as
                 namely
                 ,
                 
                   Edward
                   O
                   Brenman
                   ,
                   Owen
                   Oberman
                   ,
                   John
                   Brenman
                   ,
                   Patrick
                   Oberman
                   ,
                
                 Sir
                 
                   Cyprian
                   Horsefield
                
                 ,
                 and
                 divers
                 others
                 ,
                 to
                 the
                 number
                 of
                 about
                 an
                 hundred
                 Families
                 ,
                 and
                 took
                 and
                 imprisoned
                 them
                 and
                 their
                 wives
                 ,
                 and
                 carried
                 them
                 Prisoners
                 to
                 Dublin
                 ,
                 and
                 there
                 detained
                 ,
                 until
                 they
                 did
                 yield
                 up
                 ,
                 surrender
                 ,
                 or
                 release
                 their
                 respective
                 Estates
                 and
                 Rights
                 .
              
               
                 And
                 the
                 said
                 Earl
                 ,
                 in
                 like
                 War-like
                 manner
                 ,
                 hath
                 during
                 his
                 Government
                 of
                 the
                 said
                 Kingdom
                 of
                 Ireland
                 ,
                 subdued
                 divers
                 others
                 of
                 His
                 Majesties
                 Subjects
                 there
                 to
                 his
                 will
                 ,
                 and
                 thereby
                 ,
                 and
                 by
                 the
                 means
                 aforesaid
                 ,
                 hath
                 levied
                 War
                 within
                 the
                 said
                 Realm
                 against
                 His
                 Majesty
                 and
                 His
                 Liege-people
                 of
                 that
                 Kingdom
                 .
              
            
             
               
                 XVI
                 .
              
               
                 That
                 the
                 Earl
                 of
                 Strafford
                 ,
                 the
                 Two
                 and
                 twentieth
                 of
                 February
                 ,
                 in
                 the
                 Seventh
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 intending
                 to
                 Oppress
                 the
                 said
                 Subjects
                 of
                 Ireland
                 ,
                 did
                 make
                 a
                 Proposition
                 ,
                 and
                 obtained
                 from
                 His
                 Majesty
                 an
                 Allowance
                 thereof
                 ,
                 That
                 no
                 Complaint
                 of
                 Injustice
                 or
                 Oppression
                 done
                 in
                 Ireland
                 ,
                 should
                 be
                 received
                 in
                 England
                 against
                 any
                 ,
                 unless
                 it
                 appeared
                 ,
                 that
                 the
                 party
                 made
                 first
                 his
                 address
                 to
                 him
                 the
                 said
                 Earl
                 ;
                 and
                 the
                 said
                 Earl
                 having
                 by
                 such
                 Usurped
                 tyrannical
                 and
                 exorbitant
                 Power
                 ,
                 expressed
                 in
                 the
                 former
                 Articles
                 ,
                 Destroyed
                 and
                 Oppressed
                 the
                 Péers
                 ,
                 and
                 other
                 Subjects
                 of
                 that
                 Kingdom
                 of
                 Ireland
                 ,
                 in
                 their
                 Lives
                 ,
                 Consciences
                 ,
                 Land
                 ,
                 Liberties
                 and
                 Estates
                 ;
                 the
                 said
                 Earl
                 to
                 the
                 intent
                 the
                 better
                 to
                 maintain
                 and
                 strengthen
                 his
                 said
                 Power
                 ,
                 and
                 to
                 bring
                 the
                 people
                 into
                 a
                 disaffection
                 of
                 His
                 Majesty
                 ,
                 as
                 aforesaid
                 ,
                 did
                 use
                 His
                 Majesties
                 Name
                 in
                 the
                 execution
                 of
                 the
                 said
                 Power
                 .
              
               
                 And
                 to
                 prevent
                 the
                 Subjects
                 of
                 that
                 Realm
                 of
                 all
                 means
                 of
                 Complaints
                 to
                 His
                 Majesty
                 ,
                 and
                 of
                 redress
                 against
                 him
                 and
                 his
                 Agents
                 ,
                 did
                 issue
                 a
                 Proclamation
                 ,
                 bearing
                 date
                 the
                 Seventeenth
                 day
                 of
                 September
                 ,
                 in
                 the
                 
                 Eleventh
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 thereby
                 commanding
                 all
                 the
                 Nobility
                 ,
                 Undertakers
                 ,
                 and
                 others
                 who
                 held
                 Estates
                 and
                 Offices
                 in
                 the
                 said
                 Kingdom
                 ,
                 (
                 except
                 such
                 as
                 were
                 employed
                 in
                 His
                 Majesties
                 Service
                 ,
                 or
                 attending
                 in
                 England
                 by
                 His
                 special
                 Command
                 )
                 to
                 make
                 their
                 personal
                 residence
                 in
                 the
                 said
                 Kingdom
                 of
                 Ireland
                 ,
                 and
                 not
                 to
                 depart
                 thence
                 without
                 Licence
                 of
                 himself
                 .
              
               
                 And
                 the
                 said
                 Earl
                 hath
                 since
                 issued
                 other
                 Proclamations
                 to
                 the
                 same
                 purpose
                 ,
                 by
                 means
                 whereof
                 the
                 Subjects
                 of
                 the
                 said
                 Realm
                 are
                 restrained
                 from
                 seeking
                 relief
                 against
                 the
                 Oppressions
                 of
                 the
                 said
                 Earl
                 ,
                 without
                 his
                 Licence
                 ;
                 which
                 Proclamation
                 the
                 said
                 Earl
                 hath
                 by
                 several
                 rigorous
                 waies
                 ,
                 as
                 by
                 Fine
                 ,
                 Imprisonment
                 ,
                 and
                 otherwise
                 ,
                 put
                 in
                 execution
                 on
                 His
                 Majesties
                 Subjects
                 ;
                 as
                 namely
                 ,
                 one
                 —
                 Parry
                 ,
                 and
                 others
                 ,
                 who
                 came
                 over
                 only
                 to
                 complain
                 of
                 the
                 Exorbitances
                 and
                 Oppressions
                 of
                 the
                 said
                 Earl.
                 
              
            
             
               
                 XVII
                 .
              
               
                 That
                 the
                 said
                 Earl
                 having
                 by
                 such
                 means
                 ,
                 as
                 aforesaid
                 ,
                 subverted
                 the
                 Government
                 and
                 Laws
                 of
                 the
                 Kingdom
                 of
                 Ireland
                 ,
                 did
                 ,
                 in
                 March
                 ,
                 in
                 the
                 Sixteenth
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 in
                 scandal
                 of
                 His
                 Majesties
                 Government
                 ,
                 of
                 all
                 His
                 Kingdoms
                 ;
                 and
                 in
                 further
                 Execution
                 of
                 his
                 wicked
                 Purposes
                 aforesaid
                 ,
                 speaking
                 of
                 the
                 Army
                 in
                 Ireland
                 ,
                 declare
                 ,
                 That
                 His
                 Majesty
                 was
                 so
                 well
                 pleased
                 with
                 the
                 Army
                 of
                 Ireland
                 ,
                 and
                 the
                 consequences
                 thereof
                 ,
                 that
                 His
                 Majesty
                 would
                 certainly
                 make
                 the
                 same
                 a
                 Pattern
                 for
                 all
                 His
                 Three
                 Kingdoms
                 .
              
            
             
               
                 XVIII
                 .
              
               
                 That
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 for
                 the
                 better
                 effecting
                 of
                 his
                 traiterous
                 Designs
                 ,
                 and
                 wicked
                 Purposes
                 ,
                 did
                 endeavour
                 to
                 draw
                 dependency
                 upon
                 himself
                 of
                 the
                 Papists
                 in
                 both
                 Kingdoms
                 of
                 England
                 and
                 Ireland
                 ,
                 and
                 to
                 that
                 end
                 ,
                 during
                 the
                 time
                 of
                 his
                 Government
                 in
                 Ireland
                 ,
                 he
                 restored
                 divers
                 Fryeries
                 and
                 Masse-Houses
                 ,
                 (
                 which
                 had
                 béen
                 formerly
                 suppressed
                 by
                 the
                 precedent
                 Deputies
                 of
                 that
                 Kingdom
                 ;
                 two
                 of
                 which
                 Houses
                 are
                 in
                 the
                 City
                 of
                 Dublin
                 ,
                 and
                 had
                 been
                 assigned
                 to
                 the
                 use
                 of
                 the
                 University
                 there
                 )
                 to
                 the
                 pretended
                 Owners
                 thereof
                 ,
                 who
                 have
                 since
                 imployed
                 the
                 same
                 to
                 the
                 Exercise
                 of
                 the
                 Popish
                 Religion
                 .
              
               
                 And
                 in
                 the
                 month
                 of
                 May
                 and
                 June
                 last
                 ,
                 the
                 said
                 Earl
                 did
                 raise
                 an
                 Army
                 in
                 the
                 said
                 Realm
                 ,
                 consisting
                 of
                 8000
                 Foot
                 ,
                 all
                 of
                 which
                 ,
                 except
                 one
                 ,
                 or
                 thereabouts
                 ,
                 were
                 Papists
                 ,
                 and
                 the
                 said
                 One
                 thousand
                 were
                 drawn
                 out
                 of
                 the
                 old
                 Army
                 there
                 ,
                 consisting
                 of
                 Two
                 thousand
                 Foot
                 ,
                 and
                 in
                 their
                 places
                 there
                 were
                 a
                 thousand
                 Papists
                 ,
                 or
                 thereabouts
                 ,
                 put
                 into
                 the
                 said
                 old
                 Army
                 by
                 the
                 said
                 Earl.
                 
              
               
                 And
                 the
                 more
                 to
                 engage
                 and
                 tie
                 the
                 said
                 new
                 Army
                 of
                 Papists
                 to
                 himself
                 ,
                 and
                 to
                 encourage
                 them
                 ,
                 and
                 to
                 discourage
                 and
                 weary
                 out
                 the
                 said
                 old
                 Army
                 ,
                 the
                 said
                 Earl
                 did
                 so
                 provide
                 :
                 That
                 the
                 said
                 new
                 Army
                 of
                 Papists
                 were
                 duly
                 paid
                 ,
                 and
                 had
                 all
                 Necessaries
                 provided
                 for
                 them
                 ,
                 and
                 permitted
                 the
                 Exercise
                 of
                 their
                 Religion
                 ,
                 but
                 the
                 said
                 old
                 Army
                 were
                 for
                 the
                 space
                 of
                 one
                 whole
                 Year
                 and
                 upwards
                 unpaid
                 .
              
               
               
                 And
                 the
                 said
                 Earl
                 being
                 appointed
                 a
                 Commissioner
                 within
                 eleven
                 several
                 Counties
                 of
                 the
                 Northern
                 parts
                 of
                 England
                 ,
                 for
                 Compounding
                 with
                 Recusants
                 for
                 their
                 Forfeitures
                 due
                 to
                 His
                 Majesty
                 ;
                 which
                 Commission
                 beareth
                 date
                 the
                 Eighth
                 day
                 of
                 July
                 ,
                 in
                 the
                 Fifth
                 Year
                 of
                 His
                 Majesties
                 Reign
                 that
                 now
                 is
                 ;
                 and
                 being
                 also
                 Receiver
                 of
                 the
                 Composition-money
                 thereby
                 arising
                 ,
                 and
                 of
                 other
                 Debts
                 ,
                 Duties
                 ,
                 and
                 Penalties
                 ,
                 by
                 reason
                 of
                 Recusancy
                 within
                 the
                 said
                 Counties
                 ,
                 for
                 His
                 Majesties
                 Use
                 ,
                 by
                 Letters
                 Patents
                 dated
                 the
                 Ninth
                 day
                 of
                 the
                 same
                 July
                 ;
                 He
                 to
                 engage
                 the
                 said
                 Recusants
                 to
                 him
                 ,
                 did
                 Compound
                 with
                 them
                 at
                 low
                 and
                 under
                 Rates
                 ,
                 and
                 provided
                 ,
                 that
                 they
                 should
                 be
                 discharged
                 of
                 all
                 Procéedings
                 against
                 them
                 in
                 all
                 His
                 Majesties
                 Courts
                 ,
                 both
                 Temporal
                 and
                 Ecclesiastical
                 ,
                 in
                 manifest
                 breach
                 of
                 ,
                 and
                 contrary
                 to
                 the
                 Laws
                 and
                 Statutes
                 of
                 this
                 Realm
                 ,
                 in
                 that
                 behalf
                 Established
                 .
              
            
             
               
                 XIX
                 .
              
               
                 That
                 the
                 said
                 Earl
                 having
                 Taxed
                 and
                 Levied
                 the
                 said
                 Impositions
                 ,
                 and
                 raised
                 the
                 said
                 Monopolies
                 ,
                 and
                 committed
                 the
                 said
                 other
                 Oppressions
                 in
                 His
                 Majesties
                 Name
                 ;
                 and
                 as
                 by
                 His
                 Majesties
                 Royal
                 Command
                 ,
                 he
                 the
                 said
                 Earl
                 in
                 May
                 ,
                 the
                 Fifteenth
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 did
                 of
                 his
                 own
                 authority
                 contrive
                 and
                 frame
                 a
                 new
                 and
                 unusual
                 Oath
                 ,
                 by
                 the
                 purport
                 whereof
                 ,
                 among
                 many
                 other
                 things
                 ,
                 the
                 party
                 taking
                 the
                 said
                 Oath
                 ,
                 was
                 to
                 swear
                 that
                 he
                 should
                 not
                 protest
                 against
                 any
                 His
                 Majesties
                 Royal
                 Commands
                 ,
                 but
                 submit
                 himself
                 in
                 all
                 due
                 obedience
                 thereunto
                 .
                 Which
                 Oath
                 he
                 so
                 contriv'd
                 to
                 enforce
                 the
                 same
                 on
                 the
                 Subjects
                 of
                 the
                 Scotish
                 Nation
                 ,
                 inhabiting
                 in
                 Ireland
                 ,
                 and
                 out
                 of
                 a
                 hatred
                 to
                 the
                 said
                 Nation
                 ,
                 and
                 to
                 put
                 them
                 to
                 a
                 discontent
                 with
                 His
                 Majesty
                 ,
                 and
                 His
                 Government
                 there
                 ;
                 and
                 compelled
                 divers
                 of
                 His
                 Majesties
                 said
                 Subjects
                 there
                 to
                 take
                 the
                 said
                 Oath
                 against
                 their
                 wills
                 ;
                 and
                 of
                 such
                 as
                 refused
                 to
                 take
                 the
                 said
                 Oath
                 ,
                 some
                 he
                 grievously
                 fined
                 and
                 imprisoned
                 ,
                 and
                 others
                 he
                 destroyed
                 and
                 exiled
                 ;
                 and
                 namely
                 ,
                 the
                 Tenth
                 of
                 
                   October
                   ,
                   Anno
                   Dom.
                
                 1639.
                 he
                 fined
                 
                   Henry
                   Steward
                
                 and
                 his
                 wife
                 ,
                 who
                 refused
                 to
                 take
                 the
                 said
                 Oath
                 ,
                 5000
                 l.
                 a
                 piece
                 ,
                 and
                 their
                 two
                 Daughters
                 and
                 
                   James
                   Gray
                
                 3000
                 l.
                 a
                 piece
                 ,
                 and
                 imprisoned
                 them
                 for
                 not
                 paying
                 the
                 said
                 Fines
                 .
                 The
                 said
                 
                   Henry
                   Steward
                
                 his
                 Wife
                 and
                 Daughters
                 ,
                 and
                 
                   James
                   Gray
                
                 ,
                 being
                 the
                 King's
                 Liege-people
                 of
                 the
                 Scotish
                 Nation
                 ;
                 and
                 divers
                 others
                 he
                 used
                 in
                 like
                 manner
                 ;
                 and
                 the
                 said
                 Earl
                 upon
                 that
                 occasion
                 did
                 declare
                 ,
                 That
                 the
                 said
                 Oath
                 did
                 not
                 only
                 oblige
                 them
                 in
                 point
                 of
                 Allegiance
                 to
                 His
                 Majesty
                 ,
                 and
                 acknowledgment
                 of
                 His
                 Supremacy
                 only
                 ,
                 but
                 to
                 the
                 Ceremonies
                 and
                 Government
                 of
                 the
                 Church
                 Established
                 ,
                 and
                 to
                 be
                 established
                 by
                 His
                 Majesties
                 Royal
                 Authority
                 ;
                 and
                 said
                 ,
                 That
                 the
                 Refusers
                 to
                 obey
                 ,
                 he
                 would
                 prosecute
                 to
                 the
                 blood
                 .
              
            
             
               
               
                 XX.
                 
              
               
                 That
                 the
                 said
                 Earl
                 hath
                 in
                 the
                 15th
                 and
                 16th
                 Years
                 of
                 His
                 Majesties
                 Reign
                 ,
                 and
                 divers
                 years
                 past
                 ,
                 laboured
                 and
                 endeavoured
                 to
                 breed
                 in
                 His
                 Majesty
                 an
                 ill
                 Opinion
                 of
                 His
                 Subjects
                 ;
                 namely
                 ,
                 of
                 those
                 of
                 the
                 Scotish
                 Nation
                 ,
                 and
                 divers
                 and
                 sundry
                 times
                 ,
                 and
                 especially
                 since
                 the
                 pacification
                 made
                 by
                 His
                 Majesty
                 with
                 His
                 said
                 Subjects
                 of
                 Scotland
                 in
                 Summer
                 ,
                 in
                 the
                 15th
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 he
                 ,
                 the
                 said
                 Earl
                 did
                 labour
                 and
                 endeavour
                 to
                 perswade
                 ,
                 incite
                 and
                 provoke
                 His
                 Majesty
                 to
                 an
                 offensive
                 War
                 against
                 His
                 said
                 Subjects
                 of
                 the
                 Scotish
                 Nation
                 :
                 And
                 the
                 said
                 Earl
                 ,
                 by
                 his
                 Counsels
                 ,
                 Actions
                 ,
                 and
                 Endeavours
                 ,
                 hath
                 béen
                 ,
                 and
                 is
                 a
                 principal
                 and
                 chief
                 Incendiary
                 of
                 the
                 War
                 and
                 Discord
                 between
                 His
                 Majesty
                 and
                 His
                 Subjects
                 of
                 England
                 ,
                 and
                 the
                 said
                 Subjects
                 of
                 Scotland
                 ,
                 and
                 hath
                 declared
                 and
                 advised
                 His
                 Majesty
                 ,
                 that
                 the
                 Demands
                 made
                 by
                 the
                 Scots
                 ,
                 in
                 their
                 Parliament
                 ,
                 were
                 a
                 sufficient
                 cause
                 of
                 War
                 against
                 them
                 .
              
               
                 The
                 said
                 Earl
                 having
                 formerly
                 expressed
                 the
                 height
                 and
                 rancour
                 of
                 his
                 mind
                 towards
                 His
                 Majesties
                 Subjects
                 of
                 the
                 Scotish
                 Nation
                 ,
                 viz.
                 the
                 Tenth
                 day
                 of
                 October
                 ,
                 in
                 the
                 Fiftteenth
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 he
                 said
                 ,
                 That
                 the
                 Nation
                 of
                 the
                 Scots
                 were
                 Rebels
                 and
                 Traytors
                 ,
                 and
                 he
                 being
                 then
                 about
                 to
                 come
                 to
                 England
                 ,
                 he
                 then
                 further
                 said
                 ,
                 That
                 if
                 it
                 pleased
                 His
                 Master
                 (
                 meaning
                 His
                 Majesty
                 )
                 to
                 send
                 him
                 back
                 again
                 ,
                 he
                 would
                 root
                 out
                 of
                 the
                 said
                 Kingdom
                 (
                 meaning
                 the
                 said
                 Kingdom
                 of
                 Ireland
                 )
                 the
                 Scotish
                 Nation
                 both
                 Root
                 and
                 Branch
                 .
              
               
                 Some
                 Lords
                 ,
                 and
                 others
                 ,
                 who
                 had
                 taken
                 the
                 said
                 Oath
                 in
                 the
                 precedent
                 Article
                 only
                 excepted
                 :
                 and
                 the
                 said
                 Earl
                 hath
                 caused
                 divers
                 of
                 the
                 Ships
                 and
                 Goods
                 of
                 the
                 Scots
                 to
                 be
                 stayed
                 ,
                 seized
                 ,
                 and
                 molested
                 ,
                 to
                 the
                 intent
                 to
                 set
                 on
                 the
                 said
                 War.
                 
              
            
             
               
                 XXI
                 .
              
               
                 That
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 shortly
                 after
                 his
                 Spéeches
                 mentioned
                 in
                 the
                 last
                 precedent
                 Articles
                 ,
                 to
                 wit
                 ,
                 in
                 the
                 15th
                 Year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 came
                 into
                 this
                 Realm
                 of
                 England
                 ,
                 and
                 was
                 made
                 Lord
                 Lieutenant
                 of
                 Ireland
                 ,
                 and
                 continued
                 his
                 Government
                 of
                 that
                 Kingdom
                 by
                 a
                 Deputy
                 :
                 at
                 his
                 arrival
                 here
                 ,
                 finding
                 that
                 His
                 Majesty
                 with
                 much
                 Wisdom
                 and
                 Goodness
                 had
                 composed
                 the
                 Troubles
                 in
                 the
                 North
                 ,
                 and
                 had
                 a
                 pacification
                 with
                 his
                 Subjects
                 of
                 Scotland
                 ;
                 he
                 laboured
                 by
                 all
                 means
                 to
                 procure
                 His
                 Majesty
                 to
                 break
                 that
                 pacification
                 ,
                 incensing
                 His
                 Majesty
                 against
                 His
                 Subjects
                 of
                 that
                 Kingdom
                 ,
                 and
                 the
                 procéeding
                 of
                 the
                 Parliament
                 there
                 .
              
               
                 And
                 having
                 incited
                 His
                 Majesty
                 to
                 an
                 Offensive
                 War
                 against
                 His
                 Subjects
                 of
                 Scotland
                 by
                 Sea
                 and
                 Land
                 ,
                 and
                 by
                 pretext
                 thereof
                 ,
                 to
                 raise
                 Forces
                 for
                 the
                 maintenance
                 of
                 that
                 War
                 ;
                 he
                 counselled
                 His
                 Majesty
                 to
                 call
                 a
                 Parliament
                 in
                 England
                 ,
                 yet
                 the
                 said
                 Earl
                 intended
                 that
                 if
                 the
                 said
                 procéedings
                 of
                 that
                 Parliament
                 should
                 not
                 be
                 such
                 as
                 would
                 stand
                 with
                 the
                 said
                 Earl
                 of
                 Strafford's
                 mischievous
                 Designs
                 ,
                 he
                 would
                 then
                 procure
                 His
                 Majesty
                 to
                 break
                 the
                 same
                 ;
                 and
                 by
                 ways
                 of
                 force
                 and
                 power
                 ,
                 to
                 raise
                 monies
                 upon
                 the
                 Subjects
                 of
                 this
                 Kingdom
                 .
                 And
                 for
                 the
                 encouragement
                 of
                 His
                 Majesty
                 to
                 hearken
                 to
                 his
                 advice
                 ,
                 he
                 did
                 before
                 His
                 Majesty
                 and
                 His
                 Privy-Council
                 ,
                 then
                 sitting
                 in
                 Council
                 ,
                 make
                 a
                 large
                 Declaration
                 ,
                 that
                 he
                 would
                 serve
                 His
                 Majesty
                 in
                 any
                 other
                 way
                 ,
                 in
                 case
                 the
                 Parliament
                 should
                 not
                 supply
                 him
                 .
              
            
             
               
               
                 XXII
                 .
              
               
                 That
                 in
                 the
                 month
                 of
                 March
                 ,
                 before
                 the
                 beginning
                 of
                 the
                 last
                 Parliament
                 ,
                 the
                 said
                 Earl
                 of
                 Strafford
                 went
                 into
                 Ireland
                 ,
                 and
                 procured
                 the
                 Parliament
                 of
                 that
                 Kingdom
                 to
                 declare
                 their
                 Assistance
                 in
                 a
                 War
                 against
                 the
                 Scots
                 ,
                 and
                 gave
                 directions
                 for
                 the
                 raising
                 of
                 an
                 Army
                 there
                 ,
                 consisting
                 of
                 8000
                 Foot
                 ,
                 and
                 1000
                 Horse
                 ,
                 being
                 for
                 the
                 most
                 part
                 Papists
                 ,
                 as
                 aforesaid
                 .
                 And
                 confederacing
                 with
                 one
                 Sir
                 
                   George
                   Ratcliff
                
                 ,
                 did
                 together
                 with
                 him
                 the
                 said
                 Sir
                 George
                 trayterously
                 Conspire
                 to
                 employ
                 the
                 said
                 Army
                 for
                 the
                 ruine
                 and
                 destruction
                 of
                 the
                 Kingdom
                 of
                 England
                 ,
                 and
                 of
                 His
                 Maiesties
                 Subjects
                 ,
                 and
                 of
                 altering
                 and
                 subderting
                 of
                 the
                 Fundamental
                 Laws
                 and
                 established
                 Government
                 of
                 this
                 Kingdom
                 .
              
               
                 And
                 shortly
                 after
                 the
                 said
                 Earl
                 of
                 Strafford
                 returned
                 into
                 England
                 ,
                 and
                 to
                 sundry
                 persons
                 declared
                 his
                 Opinion
                 to
                 be
                 ,
                 that
                 His
                 Majesty
                 should
                 first
                 trie
                 the
                 Parliament
                 here
                 ,
                 and
                 if
                 that
                 did
                 not
                 supply
                 him
                 according
                 to
                 his
                 Occasions
                 ,
                 He
                 might
                 use
                 then
                 His
                 Prerogative
                 as
                 He
                 pleased
                 ,
                 to
                 levy
                 what
                 He
                 néeded
                 ,
                 and
                 that
                 He
                 should
                 be
                 acquitted
                 both
                 of
                 God
                 and
                 man
                 ;
                 He
                 took
                 some
                 other
                 courses
                 to
                 supply
                 Himself
                 ,
                 though
                 it
                 were
                 against
                 the
                 wills
                 of
                 His
                 Subjects
                 .
              
            
             
               
                 XXIII
                 .
              
               
                 That
                 upon
                 the
                 Thirtéenth
                 day
                 of
                 April
                 last
                 ,
                 the
                 Parliament
                 of
                 England
                 met
                 ,
                 and
                 the
                 Commons
                 House
                 (
                 then
                 being
                 the
                 Representative
                 Body
                 of
                 all
                 the
                 Commons
                 in
                 the
                 Kingdom
                 )
                 did
                 accordingly
                 to
                 the
                 Trust
                 reposed
                 in
                 them
                 ,
                 enter
                 into
                 Debate
                 and
                 Consideration
                 of
                 the
                 great
                 Grievances
                 of
                 this
                 Kingdom
                 ,
                 both
                 in
                 respect
                 of
                 Religion
                 ,
                 and
                 the
                 publique
                 Liberty
                 of
                 the
                 Kingdom
                 ;
                 and
                 His
                 Majesties
                 referring
                 chiefly
                 to
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 and
                 the
                 Archbishop
                 of
                 Canterbury
                 ,
                 the
                 ordering
                 and
                 disposing
                 of
                 all
                 matters
                 concerning
                 the
                 Parliament
                 :
                 He
                 the
                 said
                 Earl
                 of
                 Strafford
                 with
                 the
                 assistance
                 of
                 the
                 said
                 Archbishop
                 ,
                 did
                 procure
                 His
                 Majesty
                 by
                 sundry
                 Spéeches
                 and
                 Messages
                 ,
                 to
                 urge
                 the
                 said
                 Commons
                 House
                 to
                 enter
                 into
                 some
                 Resolution
                 for
                 His
                 Majesties
                 supply
                 ,
                 for
                 maintenance
                 of
                 His
                 War
                 against
                 His
                 Subjects
                 of
                 Scotland
                 ,
                 before
                 any
                 course
                 taken
                 for
                 the
                 relief
                 of
                 the
                 great
                 and
                 pressing
                 Grievances
                 ,
                 wherewith
                 this
                 Kingdom
                 was
                 then
                 afflicted
                 .
                 Whereupon
                 a
                 Demand
                 was
                 then
                 made
                 from
                 His
                 Majtsty
                 ,
                 of
                 Twelve
                 Subsidies
                 ,
                 for
                 the
                 release
                 of
                 Ship-money
                 only
                 ;
                 and
                 while
                 the
                 said
                 Commons
                 then
                 Assembled
                 (
                 with
                 expression
                 of
                 great
                 affection
                 to
                 His
                 Majesty
                 and
                 His
                 Service
                 )
                 were
                 in
                 Debate
                 and
                 Consideration
                 concerning
                 some
                 supply
                 ,
                 before
                 any
                 Resolution
                 by
                 them
                 made
                 ,
                 he
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 with
                 the
                 help
                 and
                 assistance
                 of
                 the
                 said
                 Archbishop
                 ,
                 did
                 procure
                 His
                 Majesty
                 to
                 dissolve
                 the
                 said
                 Parliament
                 ,
                 upon
                 the
                 Fifth
                 day
                 of
                 May
                 last
                 :
                 and
                 upon
                 the
                 same
                 day
                 the
                 said
                 Earl
                 of
                 Strafford
                 did
                 treacherously
                 ,
                 falsly
                 and
                 maliciously
                 endeavour
                 to
                 incense
                 His
                 Majesty
                 against
                 His
                 loving
                 and
                 faithful
                 Subjects
                 ,
                 who
                 had
                 béen
                 Members
                 of
                 the
                 said
                 House
                 of
                 Commons
                 ,
                 by
                 telling
                 His
                 Majesty
                 ,
                 They
                 had
                 denied
                 to
                 supply
                 him
                 .
                 And
                 afterwards
                 upon
                 the
                 same
                 day
                 did
                 traiterously
                 and
                 wickedly
                 Counsel
                 and
                 Advise
                 His
                 Majesty
                 to
                 this
                 effect
                 ,
                 viz.
                 that
                 having
                 tried
                 the
                 affections
                 of
                 His
                 People
                 ,
                 he
                 was
                 loose
                 and
                 absolved
                 from
                 all
                 rules
                 of
                 Government
                 ,
                 and
                 that
                 he
                 was
                 to
                 do
                 every
                 thing
                 that
                 Power
                 would
                 admit
                 ,
                 and
                 that
                 His
                 Majesty
                 had
                 tried
                 all
                 ways
                 ,
                 and
                 was
                 refused
                 ,
                 and
                 should
                 be
                 acquitted
                 towards
                 
                 God
                 and
                 man
                 ;
                 and
                 that
                 he
                 had
                 an
                 Army
                 in
                 Ireland
                 ,
                 (
                 meaning
                 the
                 Army
                 above
                 mentioned
                 ,
                 consisting
                 of
                 Papists
                 ,
                 his
                 dependants
                 ,
                 as
                 is
                 aforesaid
                 )
                 which
                 he
                 might
                 imploy
                 to
                 reduce
                 this
                 Kingdom
                 .
              
            
             
               
                 XXIV
                 .
              
               
                 That
                 in
                 the
                 same
                 month
                 of
                 May
                 ,
                 he
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 falsly
                 ,
                 traiterously
                 ,
                 and
                 maliciously
                 published
                 and
                 declared
                 before
                 others
                 of
                 His
                 Majesties
                 Privy-Council
                 ,
                 that
                 the
                 Parliament
                 of
                 England
                 had
                 forsaken
                 the
                 King
                 ,
                 and
                 that
                 in
                 denying
                 to
                 supply
                 the
                 King
                 ,
                 they
                 had
                 given
                 Him
                 advantage
                 to
                 supply
                 Himself
                 by
                 other
                 ways
                 ,
                 and
                 several
                 other
                 times
                 he
                 did
                 maliciously
                 ,
                 wickedly
                 ,
                 and
                 falsly
                 publish
                 and
                 declare
                 ,
                 That
                 seeing
                 the
                 Parliament
                 had
                 refused
                 to
                 supply
                 His
                 Majesty
                 in
                 the
                 ordinary
                 and
                 usual
                 way
                 ,
                 the
                 King
                 might
                 provide
                 for
                 the
                 Kingdom
                 in
                 such
                 waies
                 ,
                 as
                 He
                 should
                 hold
                 fit
                 ,
                 and
                 that
                 He
                 was
                 not
                 to
                 suffer
                 Himself
                 to
                 be
                 mastered
                 by
                 the
                 frowardness
                 and
                 undutifulness
                 of
                 the
                 people
                 .
              
               
                 And
                 having
                 so
                 maliciously
                 standered
                 the
                 said
                 late
                 House
                 of
                 Commons
                 ,
                 he
                 did
                 with
                 the
                 help
                 and
                 advice
                 of
                 the
                 said
                 Archbishop
                 of
                 Canterbury
                 and
                 the
                 Lord
                 Finch
                 ,
                 late
                 Lord
                 Kéeper
                 of
                 the
                 Great
                 Seal
                 of
                 England
                 ,
                 cause
                 to
                 be
                 printed
                 and
                 published
                 in
                 His
                 Majesties
                 Name
                 a
                 false
                 and
                 scandalous
                 Book
                 ,
                 entituled
                 ,
                 
                   His
                   Majesties
                   Declaration
                   of
                   the
                   Causes
                   that
                   moved
                   Him
                   to
                   Dissolve
                   the
                   last
                   Parliament
                   ,
                
                 full
                 of
                 bitter
                 and
                 malicious
                 Invectives
                 ,
                 and
                 false
                 and
                 scandalous
                 aspersions
                 against
                 the
                 said
                 House
                 of
                 Commons
                 .
              
            
             
               
                 XXV
                 .
              
               
                 That
                 not
                 long
                 after
                 the
                 Dissolution
                 of
                 the
                 said
                 last
                 Parliament
                 ,
                 
                   (
                   viz.
                
                 in
                 the
                 months
                 of
                 May
                 and
                 June
                 )
                 he
                 the
                 Earl
                 of
                 Strafford
                 ,
                 did
                 advise
                 the
                 King
                 to
                 go
                 on
                 vigorously
                 in
                 levying
                 the
                 Ship-money
                 ,
                 and
                 did
                 procure
                 the
                 Sheriffs
                 of
                 several
                 Counties
                 to
                 be
                 sent
                 for
                 ,
                 for
                 not
                 levying
                 the
                 Ship-money
                 ,
                 divers
                 of
                 which
                 were
                 threatned
                 by
                 him
                 to
                 be
                 sued
                 in
                 the
                 Star-Chamber
                 ,
                 and
                 afterwards
                 by
                 his
                 advice
                 they
                 were
                 sued
                 in
                 Star-Chamber
                 ,
                 for
                 not
                 levying
                 the
                 same
                 ,
                 and
                 divers
                 of
                 His
                 Majesties
                 loving
                 Subjects
                 were
                 sent
                 for
                 and
                 imprisoned
                 by
                 his
                 advice
                 ,
                 for
                 that
                 and
                 other
                 illegal
                 payments
                 .
              
               
                 And
                 a
                 great
                 loan
                 of
                 a
                 hundred
                 thousand
                 pounds
                 was
                 demanded
                 of
                 the
                 City
                 of
                 London
                 ,
                 and
                 the
                 Lord
                 Mayor
                 ,
                 and
                 Sheriffs
                 ,
                 and
                 Aldermen
                 of
                 the
                 said
                 City
                 were
                 often
                 sent
                 for
                 ,
                 by
                 his
                 advice
                 ,
                 to
                 the
                 Council-Table
                 ,
                 to
                 give
                 an
                 account
                 of
                 their
                 proceedings
                 in
                 raising
                 of
                 Ship-money
                 ,
                 and
                 furthering
                 of
                 that
                 loan
                 ,
                 and
                 were
                 required
                 to
                 certifie
                 the
                 Names
                 of
                 such
                 Inhabitants
                 of
                 the
                 said
                 City
                 as
                 were
                 fit
                 to
                 lend
                 ,
                 which
                 they
                 with
                 much
                 humility
                 refusing
                 to
                 do
                 ,
                 he
                 the
                 said
                 Earl
                 of
                 Strafford
                 did
                 use
                 these
                 and
                 the
                 like
                 Speeches
                 ,
                 viz.
                 That
                 they
                 deserved
                 to
                 be
                 put
                 to
                 Fine
                 and
                 Ransom
                 ,
                 and
                 that
                 no
                 good
                 would
                 be
                 done
                 with
                 them
                 ,
                 till
                 an
                 example
                 were
                 made
                 of
                 them
                 ,
                 and
                 that
                 they
                 were
                 laid
                 by
                 the
                 héels
                 ,
                 and
                 some
                 of
                 the
                 Aldermen
                 hanged
                 up
                 .
              
            
             
               
                 XXVI
                 .
              
               
                 That
                 the
                 said
                 Earl
                 by
                 his
                 wicked
                 Counsels
                 ,
                 having
                 brought
                 His
                 Majesty
                 into
                 excessive
                 Charge
                 ,
                 without
                 any
                 just
                 cause
                 ,
                 he
                 did
                 in
                 the
                 month
                 of
                 July
                 last
                 (
                 for
                 the
                 support
                 of
                 the
                 said
                 great
                 Charges
                 )
                 counsel
                 and
                 approve
                 two
                 dangerous
                 and
                 wicked
                 Projects
                 ,
                 viz.
                 
              
               
                 To
                 seize
                 upon
                 the
                 Bullion
                 ,
                 and
                 the
                 Money
                 in
                 the
                 Mint
                 .
              
               
                 And
                 to
                 imbase
                 His
                 Majesties
                 Coin
                 with
                 the
                 mixtures
                 of
                 Brass
                 .
              
               
               
                 And
                 accordingly
                 he
                 procured
                 one
                 hundred
                 and
                 thirty
                 thousand
                 pounds
                 which
                 was
                 then
                 in
                 the
                 Mint
                 ,
                 and
                 belonging
                 to
                 divers
                 Merchants
                 ,
                 Strangers
                 ,
                 and
                 others
                 to
                 be
                 seized
                 on
                 and
                 stayed
                 ,
                 to
                 His
                 Majesties
                 use
                 .
                 And
                 when
                 divers
                 Merchants
                 of
                 London
                 ,
                 Owners
                 of
                 the
                 said
                 Bullion
                 and
                 Money
                 ,
                 came
                 to
                 his
                 house
                 to
                 let
                 him
                 understand
                 the
                 great
                 mischief
                 ,
                 that
                 course
                 would
                 produce
                 here
                 ,
                 and
                 in
                 other
                 parts
                 ,
                 and
                 what
                 prejudice
                 it
                 would
                 be
                 to
                 the
                 Kingdom
                 ,
                 by
                 discrediting
                 the
                 Mint
                 ,
                 and
                 hindring
                 the
                 importation
                 of
                 Bullion
                 ;
                 he
                 the
                 said
                 Earl
                 told
                 them
                 ,
                 that
                 the
                 City
                 of
                 London
                 dealt
                 undutifully
                 and
                 unthankfully
                 with
                 His
                 Majesty
                 ,
                 and
                 that
                 they
                 were
                 more
                 ready
                 to
                 help
                 the
                 Rebels
                 than
                 to
                 help
                 His
                 Majesty
                 .
                 And
                 that
                 if
                 any
                 hurt
                 came
                 to
                 them
                 ,
                 they
                 may
                 thank
                 themselves
                 :
                 and
                 that
                 it
                 was
                 the
                 course
                 of
                 other
                 Princes
                 to
                 make
                 use
                 of
                 such
                 monies
                 to
                 serve
                 their
                 Occasions
                 .
              
               
                 And
                 when
                 in
                 the
                 same
                 month
                 of
                 July
                 ,
                 the
                 Officers
                 of
                 His
                 Majesties
                 Mint
                 came
                 to
                 him
                 ,
                 and
                 gave
                 him
                 divers
                 reasons
                 against
                 the
                 imbasing
                 the
                 said
                 money
                 ,
                 he
                 told
                 them
                 ,
                 That
                 the
                 French
                 King
                 did
                 use
                 to
                 send
                 Commissaries
                 of
                 Horse
                 with
                 Commission
                 to
                 search
                 into
                 mens
                 Estates
                 ,
                 and
                 to
                 peruse
                 their
                 Accounts
                 ,
                 that
                 so
                 they
                 may
                 know
                 what
                 to
                 levy
                 of
                 them
                 by
                 force
                 ,
                 which
                 they
                 did
                 accordingly
                 levy
                 ;
                 and
                 turning
                 to
                 the
                 Lord
                 Cottington
                 ,
                 then
                 present
                 ,
                 said
                 ,
                 That
                 this
                 was
                 a
                 point
                 worthy
                 of
                 his
                 Lordships
                 consideration
                 ,
                 meaning
                 this
                 course
                 of
                 the
                 French
                 King
                 to
                 raise
                 monies
                 by
                 force
                 ,
                 was
                 a
                 point
                 worthy
                 of
                 his
                 Lordships
                 consideration
                 .
              
            
             
               
                 XXVII
                 .
              
               
                 That
                 in
                 or
                 about
                 the
                 month
                 of
                 August
                 last
                 ,
                 he
                 was
                 made
                 Lieutenant
                 General
                 of
                 all
                 His
                 Majesties
                 Forces
                 in
                 the
                 North
                 ,
                 prepared
                 against
                 the
                 Scots
                 ,
                 and
                 being
                 at
                 York
                 ,
                 did
                 then
                 in
                 the
                 month
                 of
                 September
                 by
                 his
                 own
                 authority
                 ,
                 and
                 without
                 any
                 lawful
                 Warrant
                 ,
                 impose
                 a
                 Tax
                 on
                 His
                 Majesties
                 Subjects
                 in
                 the
                 County
                 of
                 York
                 of
                 eight
                 pence
                 
                   per
                   diem
                
                 ,
                 for
                 maintenance
                 of
                 every
                 Souldier
                 of
                 the
                 
                   Trained
                   Bands
                
                 of
                 that
                 County
                 ,
                 which
                 sums
                 of
                 money
                 he
                 caused
                 to
                 be
                 levied
                 by
                 force
                 .
                 And
                 to
                 the
                 end
                 to
                 compel
                 His
                 Majesties
                 Subjects
                 out
                 of
                 fear
                 and
                 terrour
                 to
                 yield
                 to
                 the
                 payment
                 of
                 the
                 same
                 ,
                 he
                 did
                 declare
                 ,
                 that
                 he
                 would
                 commit
                 them
                 that
                 refused
                 the
                 payment
                 thereof
                 ,
                 and
                 the
                 Souldiers
                 should
                 be
                 satisfied
                 out
                 of
                 their
                 Estates
                 ;
                 and
                 and
                 they
                 that
                 refused
                 it
                 ,
                 were
                 in
                 very
                 little
                 better
                 condition
                 than
                 of
                 High
                 Treason
                 .
              
            
             
               
                 XXVIII
                 .
              
               
                 That
                 in
                 the
                 months
                 of
                 September
                 and
                 October
                 last
                 ,
                 he
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 being
                 certified
                 of
                 the
                 Scotish
                 Army
                 coming
                 into
                 the
                 Kingdom
                 ,
                 and
                 he
                 the
                 said
                 Earl
                 of
                 Strafford
                 being
                 Lieutenant
                 General
                 of
                 His
                 Majesties
                 Army
                 ,
                 he
                 did
                 not
                 provide
                 for
                 the
                 defence
                 of
                 the
                 Town
                 of
                 Newcastle
                 ,
                 as
                 he
                 ought
                 to
                 have
                 done
                 ,
                 but
                 suffered
                 the
                 same
                 to
                 be
                 lost
                 ,
                 that
                 so
                 he
                 might
                 the
                 more
                 incense
                 the
                 English
                 against
                 the
                 Scots
                 .
              
               
                 And
                 for
                 the
                 same
                 wicked
                 purpose
                 ,
                 and
                 out
                 of
                 a
                 malitious
                 desire
                 to
                 engage
                 the
                 Kindgoms
                 of
                 England
                 and
                 Scotland
                 in
                 a
                 National
                 and
                 bloody
                 War
                 ,
                 he
                 did
                 write
                 to
                 the
                 Lord
                 Conway
                 ,
                 the
                 General
                 of
                 the
                 Horse
                 ,
                 and
                 under
                 the
                 said
                 Earls
                 Command
                 ,
                 that
                 he
                 should
                 fight
                 with
                 the
                 Scotish
                 Army
                 at
                 the
                 passage
                 over
                 the
                 Tyne
                 ,
                 whatsoever
                 should
                 follow
                 ;
                 notwithstanding
                 that
                 the
                 said
                 Lord
                 Conway
                 had
                 formerly
                 by
                 Letters
                 informed
                 the
                 said
                 Earl
                 ,
                 that
                 His
                 Majesties
                 Army
                 ,
                 then
                 under
                 his
                 Command
                 ,
                 was
                 not
                 of
                 force
                 sufficient
                 to
                 encounter
                 the
                 Scots
                 ,
                 by
                 which
                 advice
                 of
                 his
                 ,
                 he
                 did
                 ,
                 contrary
                 to
                 the
                 duty
                 of
                 his
                 place
                 ,
                 betray
                 His
                 Majesties
                 Army
                 ,
                 then
                 under
                 his
                 Command
                 ,
                 to
                 apparent
                 danger
                 and
                 loss
                 .
              
               
               
                 All
                 and
                 every
                 which
                 words
                 ,
                 counsels
                 and
                 actions
                 of
                 the
                 said
                 Earl
                 of
                 Strafford
                 were
                 spoken
                 ,
                 given
                 ,
                 and
                 done
                 by
                 him
                 the
                 said
                 Earl
                 of
                 Strafford
                 ,
                 traiterously
                 ,
                 and
                 contrary
                 to
                 his
                 Allegiance
                 to
                 our
                 Soveraign
                 Lord
                 the
                 King
                 ,
                 and
                 with
                 an
                 intention
                 and
                 endeavour
                 to
                 alienate
                 and
                 withdraw
                 the
                 hearts
                 and
                 affections
                 of
                 the
                 King's
                 Liege-people
                 of
                 all
                 His
                 Realms
                 from
                 His
                 Majesty
                 ,
                 and
                 to
                 set
                 division
                 between
                 them
                 ,
                 and
                 to
                 ruine
                 and
                 destroy
                 His
                 Majesty
                 ,
                 and
                 Majesties
                 said
                 Kingdoms
                 ,
                 for
                 which
                 they
                 do
                 further
                 impeach
                 him
                 the
                 said
                 Thomas
                 Earl
                 of
                 Strafford
                 of
                 High
                 Treason
                 against
                 our
                 Soveraign
                 Lord
                 the
                 King
                 ,
                 His
                 Crown
                 and
                 Dignity
                 .
                 And
                 he
                 the
                 said
                 Earl
                 of
                 Strafford
                 was
                 Lord
                 Deputy
                 of
                 Ireland
                 ,
                 or
                 Lord
                 Lieutenant
                 of
                 Ireland
                 ,
                 and
                 Lieutenant
                 General
                 of
                 the
                 Army
                 there
                 under
                 His
                 most
                 Excellent
                 Majesty
                 ,
                 and
                 a
                 sworn
                 Privy-Counsellor
                 to
                 His
                 Majesty
                 for
                 His
                 Kingdoms
                 both
                 of
                 England
                 and
                 Ireland
                 ,
                 and
                 Lord
                 President
                 of
                 the
                 North
                 during
                 the
                 time
                 that
                 all
                 and
                 every
                 the
                 Crimes
                 and
                 Offences
                 before
                 set
                 forth
                 were
                 done
                 and
                 committed
                 ,
                 and
                 he
                 the
                 said
                 Earl
                 was
                 Lieutenant
                 General
                 of
                 His
                 Majesties
                 Army
                 in
                 the
                 North
                 parts
                 of
                 England
                 during
                 the
                 time
                 that
                 the
                 Crimes
                 and
                 Offences
                 ,
                 in
                 the
                 27th
                 and
                 28th
                 Articles
                 ,
                 set
                 forth
                 were
                 done
                 and
                 committed
                 .
              
            
          
        
         
           
             Tuesday
             ,
             May
             11th
             ,
             1641.
             
          
           
             Ordered
             ,
             That
             Mr.
             Solicitor
             give
             Order
             ,
             That
             the
             Arguments
             he
             made
             in
             Westminster-Hall
             ,
             touching
             the
             matters
             of
             Law
             in
             the
             Case
             of
             the
             Earl
             of
             Strafford
             ,
             be
             Printed
             ;
             and
             that
             Mr.
             Pym
             give
             the
             like
             Order
             ,
             That
             his
             Speeches
             at
             the
             beginning
             and
             ending
             of
             the
             Trial
             of
             the
             said
             Earl
             of
             Strafford
             be
             likewise
             Printed
             .
          
        
         
           
             The
             Names
             of
             those
             Gentlemen
             that
             managed
             the
             Evidence
             in
             this
             Trial
             ,
             being
             ,
             through
             over-sight
             ,
             omitted
             to
             be
             inserted
             in
             their
             particular
             places
             ,
             for
             the
             first
             Nine
             Articles
             ;
             it
             is
             thought
             fit
             ,
             for
             more
             exact
             satisfaction
             ,
             to
             give
             an
             account
             of
             them
             in
             this
             place
             ,
             with
             particular
             References
             ;
             which
             may
             ,
             by
             the
             Reader
             ,
             be
             easily
             supplyed
             .
          
           
             
               The
               Names
               of
               the
               Managers
               .
            
             
               FOlio
               115.
               
               Line
               17.
               
               Mr.
               Pym.
               
            
             
               Ibid.
               Line
               33.
               
               Mr.
               Pym.
               
            
             
               Ibid.
               Line
               40.
               
               Mr.
               Pym.
               
            
             
               Fol.
               116.
               
               Line
               5.
               
               Mr.
               Pym.
               
            
             
               Ibid.
               Line
               44.
               
               Mr.
               Pym.
               
            
             
               Fol.
               117.
               
               Line
               14.
               
               Mr.
               Maynard
               .
            
             
               Ibid.
               Line
               43.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               120.
               
               Line
               20.
               
               Mr.
               Pym.
               
            
             
               Fol.
               124.
               
               Line
               27.
               
               Mr.
               Pym.
               
            
             
               Fol.
               127.
               
               Line
               29.
               
               Mr.
               Pym.
               
            
          
           
             
               To
               the
               First
               Article
               .
            
             
               Fol.
               138.
               
               Line
               29.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               139.
               
               Line
               3.
               
               M.
               Maynard
               .
            
             
               Fol.
               142.
               
               Line
               17.
               
               M.
               Maynard
               .
            
             
               Ibid.
               Line
               24.
               
               Mr.
               Whitlock
               .
            
             
               Fol.
               143.
               
               Line
               7.
               
               Mr.
               Glyn.
               
            
             
               Ibid.
               Line
               15.
               
               Mr.
               Maynard
               .
            
             
               Ibid.
               Line
               25.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               144.
               
               Line
               2.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               145.
               
               Line
               3.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               147.
               
               Line
               31.
               
               Mr.
               Maynard
               .
            
          
           
             
             
               To
               the
               Second
               Article
               .
            
             
               Fol.
               149.
               
               Line
               14.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               153.
               
               Line
               6.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               152.
               
               Line
               14.
               
               Mr.
               Maynard
               .
            
             
               Ibid.
               Line
               16.
               
               Mr.
               Maynard
               .
            
             
               Ibid.
               Line
               18.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               154.
               
               Line
               4.
               
               Mr.
               Maynard
               .
            
             
               Ibid.
               Line
               32.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               155.
               
               Line
               7.
               
               Mr.
               Maynard
               .
            
          
           
             
               To
               the
               Third
               Article
               .
            
             
               Fol.
               156.
               
               Line
               8.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               164.
               
               Line
               9.
               
               Mr.
               Maynard
               .
            
             
               Ibid.
               Line
               22.
               
               Mr.
               Glyn.
               
            
             
               Ibid.
               Line
               17.
               
               Mr.
               Maynard
               .
            
             
               Ibid.
               Line
               28.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               165.
               
               Line
               7.
               
               Sir
               
                 Io.
                 Clotworthy
              
               .
            
             
               Ibid.
               Line
               36.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               167.
               
               Line
               25.
               
               Mr.
               Pym.
               
            
             
               Fol.
               157.
               
               Line
               11.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               168.
               
               Line
               16.
               
               Mr.
               Pym.
               
            
             
               Fol.
               158.
               
               Line
               2.
               
               Lord
               Digby
               .
            
             
               Ibid.
               Line
               25.
               
               Mr.
               Pym.
               
            
             
               Ibid.
               Line
               37.
               
               Mr.
               Maynard
               .
            
             
               Ibid.
               Line
               34.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               163.
               
               Line
               42.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               171.
               
               Line
               28.
               
               Mr.
               Maynard
               .
            
          
           
             
               To
               the
               Fourth
               Article
               .
            
             
               Fol.
               173.
               
               Line
               30.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               183.
               
               Line
               10.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               174.
               
               Line
               8.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               184.
               
               Line
               11.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               179.
               
               Line
               44.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               185.
               
               Line
               1.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               180.
               
               Line
               37.
               
               Mr.
               Maynard
               .
            
          
           
             
               To
               the
               Fifth
               Article
               .
            
             
               Fol.
               185.
               
               Line
               21.
               
               Mr.
               Glyn.
               
            
             
               Ibid.
               Line
               35.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               188.
               
               Line
               17.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               202.
               
               Line
               31.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               198.
               
               Line
               1.
               
               Mr.
               Glyn.
               
            
             
               Ibid.
               Line
               36.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               201.
               
               Line
               19.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               204.
               
               Line
               5.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               202.
               
               Line
               7.
               
               Mr.
               Maynard
               .
            
          
           
             
               To
               the
               Sixth
               Article
               .
            
             
               Fol.
               205.
               
               Line
               6.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               216.
               
               Line
               22.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               206.
               
               Line
               31.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               217.
               
               Line
               21.
               
               Mr.
               Palmer
               .
            
             
               Ibid.
               Line
               37.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               218.
               
               Line
               17.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               210.
               
               Line
               38.
               
               Mr.
               Glyn.
               
            
             
               Ibid.
               Line
               21.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               213.
               
               Line
               23.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               219.
               
               Line
               32.
               
               Mr.
               Stroud
               .
            
             
               Ibid.
               Line
               29.
               
               Mr.
               Glyn.
               
            
          
           
             
               To
               the
               Eighth
               Article
               .
            
             
               Fol.
               222.
               
               Line
               8.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               228.
               
               Line
               10.
               
               Mr.
               Glyn.
               
            
             
               Ibid.
               Line
               34.
               
               Mr.
               Glyn.
               
            
             
               Ibid.
               Line
               26.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               223.
               
               Line
               22.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               229.
               
               Line
               11.
               
               Mr.
               Glyn.
               
            
             
               Ibid.
               Line
               42.
               
               Mr.
               Maynard
               .
            
             
               Ibid.
               Line
               33.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               226.
               
               Line
               42.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               233.
               
               Line
               25.
               
               Mr.
               Glyn.
               
            
          
           
             
               To
               the
               Ninth
               Article
               .
            
             
               Fol.
               236.
               
               Line
               16.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               239.
               
               Line
               14.
               
               Mr.
               Maynard
               .
            
             
               Fol.
               238.
               
               Line
               22.
               
               Mr.
               Glyn.
               
            
             
               Fol.
               240.
               
               Line
               10.
               
               Mr.
               Glyn.
               
            
          
        
      
       
         
         
           THE
           TRYAL
           OF
           T.
           Earl
           of
           Strafford
           .
        
         
           
             The
             First
             day
             .
          
           
             Monday
             ,
             March
             22.
             1640.
             
          
           
             THe
             Lords
             being
             set
             in
             a
             place
             prepared
             in
             Westminster-hall
             ,
             purposely
             for
             the
             Arraignment
             of
             Thomas
             Earl
             of
             Strafford
             ,
             upon
             a
             charge
             of
             High
             Treason
             laid
             upon
             him
             by
             the
             Commons
             House
             of
             Parliament
             ,
             in
             the
             Name
             of
             themselves
             ,
             and
             of
             all
             the
             Commons
             of
             England
             .
             And
             the
             House
             of
             Commons
             being
             there
             likewise
             ,
             seated
             as
             a
             Committee
             ;
             and
             those
             who
             were
             to
             manage
             the
             Evidence
             on
             behalf
             of
             the
             House
             of
             Commons
             ,
             being
             Members
             of
             that
             House
             ,
             standing
             at
             the
             Barr
             ,
             The
             Prisoner
             was
             called
             for
             ;
             And
             being
             brought
             by
             Sir
             
               William
               Balfour
            
             ,
             Lieutenant
             of
             the
             Tower
             ,
             after
             Obeisances
             given
             ,
             he
             came
             to
             the
             Barr
             and
             kneeled
             ;
             and
             after
             standing
             up
             ,
             The
             Right
             Honourable
             
             Thomas
             Earl
             of
             Arundel
             and
             Surrey
             ,
             Lord
             High
             Steward
             of
             England
             ,
             spake
             to
             him
             as
             follows
             .
          
           
             Your
             Lordship
             is
             called
             here
             this
             day
             before
             the
             Lords
             in
             Parliament
             ,
             to
             
             Answer
             to
             ,
             and
             to
             be
             Tryed
             upon
             ,
             the
             Impeachment
             presented
             to
             them
             by
             the
             Commons
             House
             of
             Parliament
             ,
             in
             the
             Name
             of
             themselves
             ,
             and
             all
             the
             Commons
             of
             England
             :
             And
             that
             their
             Lordships
             are
             resolved
             to
             hear
             both
             the
             Accusation
             and
             Defence
             ,
             with
             all
             Equity
             .
             And
             therefore
             think
             fit
             in
             the
             first
             place
             ,
             That
             your
             Lordship
             should
             hear
             the
             Impeachment
             of
             High
             Treason
             read
             .
          
           
             The
             Impeachment
             was
             accordingly
             read
             by
             the
             Clerk
             of
             the
             Parliament
             .
          
           
             A
             little
             after
             the
             entrance
             into
             it
             ,
             a
             Chair
             was
             brought
             to
             the
             Prisoner
             by
             the
             Gentleman
             Usher
             ,
             and
             the
             Prisoner
             sate
             down
             thereon
             by
             their
             Lordships
             direction
             .
          
           
             After
             the
             Charge
             was
             read
             ,
             the
             Earl
             of
             Straffords
             Answer
             was
             likewise
             read
             .
             And
             no
             more
             of
             proceedings
             that
             day
             .
          
           
           
             Only
             the
             Lord
             Steward
             said
             further
             to
             the
             Prisoner
             ,
             That
             his
             Lordship
             
             had
             heard
             the
             whole
             Impeachment
             of
             the
             House
             of
             Commons
             read
             ;
             And
             his
             own
             Answer
             :
             on
             which
             he
             hath
             put
             himself
             for
             Trial.
             That
             which
             is
             now
             to
             follow
             ,
             their
             Lordships
             have
             commanded
             him
             to
             say
             ,
             is
             the
             managing
             of
             the
             Evidence
             by
             those
             the
             House
             of
             Commons
             shall
             please
             to
             appoint
             ,
             for
             the
             proving
             of
             this
             Charge
             .
          
           
             But
             likewise
             they
             have
             Commanded
             him
             to
             say
             ,
             That
             the
             time
             being
             so
             far
             spent
             ,
             it
             may
             not
             be
             so
             proper
             now
             to
             proceed
             further
             in
             the
             business
             ;
             That
             this
             shall
             be
             sate
             upon
             only
             once
             a
             day
             ,
             which
             will
             be
             fittest
             both
             for
             their
             Lordships
             ,
             and
             for
             the
             House
             of
             Commons
             :
             And
             that
             they
             conceive
             it
             will
             agree
             with
             the
             sense
             of
             the
             House
             of
             Commons
             ,
             not
             to
             fall
             into
             the
             particular
             management
             of
             the
             Evidence
             so
             late
             ,
             but
             to
             defer
             it
             till
             the
             morrow
             ,
             at
             the
             hour
             of
             nine
             of
             the
             Clock
             .
          
           
             My
             Lord
             of
             Strafford
             did
             then
             desire
             to
             know
             ,
             whether
             he
             might
             with
             
             their
             Lordships
             good
             leave
             and
             favour
             ,
             say
             any
             thing
             at
             that
             time
             or
             no.
             
          
           
             The
             Lord
             High
             Steward
             answered
             ,
             that
             their
             Lordships
             Commandment
             is
             ,
             
             to
             let
             his
             Lordship
             know
             ,
             That
             if
             the
             House
             of
             Commons
             proceed
             not
             by
             their
             Members
             to
             manage
             the
             Evidence
             this
             day
             ,
             then
             what
             his
             Lordship
             hath
             to
             say
             to
             this
             House
             ,
             may
             be
             put
             off
             to
             another
             time
             .
          
           
             And
             so
             their
             Lordships
             Adjourned
             to
             the
             House
             above
             ,
             (
             by
             which
             is
             meant
             the
             House
             where
             the
             Lords
             use
             to
             sit
             in
             Parliament
             )
             and
             appointed
             the
             next
             morning
             to
             proceed
             in
             this
             business
             .
          
        
         
           
             The
             Second
             day
             .
          
           
             Tuesday
             ,
             March
             23.
             1640
          
           
             THeir
             Lordships
             being
             set
             ,
             the
             Lord
             Steward
             recited
             in
             brief
             the
             proceedings
             of
             the
             day
             before
             ,
             adding
             ,
             that
             naturally
             and
             properly
             ,
             it
             
             belongs
             (
             in
             the
             next
             place
             )
             for
             those
             whom
             the
             House
             of
             Commons
             have
             deputed
             to
             manage
             their
             Evidence
             ,
             in
             pursuance
             of
             the
             Articles
             of
             Impeachment
             ,
             to
             begin
             the
             work
             of
             the
             day
             .
          
           
             Then
             Mr.
             Pym
             ,
             one
             of
             the
             Committee
             appointed
             for
             the
             management
             of
             the
             Evidence
             ,
             began
             as
             followeth
             .
          
           
             
               My
               Lords
            
             ,
          
           
             We
             stand
             here
             by
             the
             Commandment
             of
             the
             Knights
             ,
             Citizens
             and
             Burgesses
             ,
             
             now
             assembled
             for
             the
             Commons
             in
             Parliament
             .
             And
             we
             are
             ready
             to
             make
             good
             that
             Impeachment
             whereby
             Thomas
             Earl
             of
             Strafford
             stands
             charged
             in
             their
             Name
             ,
             and
             in
             the
             Name
             of
             all
             the
             Commons
             of
             England
             ,
             with
             High
             Treason
             .
          
           
             This
             ,
             
               My
               Lords
            
             ,
             is
             a
             Great
             Cause
             ,
             and
             we
             might
             sink
             under
             the
             weight
             of
             it
             ,
             and
             be
             astonished
             with
             the
             Lustre
             of
             this
             Noble
             Assembly
             ,
             if
             there
             
             were
             not
             in
             the
             Cause
             strength
             and
             vigour
             to
             support
             it self
             ,
             and
             to
             encourage
             us
             ;
             It
             is
             the
             Cause
             of
             the
             King
             ,
             it
             concerns
             His
             Majesty
             in
             the
             Honour
             of
             His
             Government
             ,
             in
             the
             Safety
             of
             His
             Person
             ,
             in
             the
             Stability
             of
             His
             Crown
             .
          
           
             It
             is
             the
             Cause
             of
             the
             Kingdom
             ,
             It
             concerns
             not
             only
             the
             Peace
             and
             Prosperity
             ,
             but
             even
             the
             Being
             of
             the
             Kingdom
             .
             We
             have
             that
             piercing
             Eloquence
             ,
             the
             Cries
             and
             Groans
             ,
             and
             Tears
             ,
             and
             Prayers
             of
             all
             the
             Subjects
             assisting
             us
             .
             We
             have
             the
             three
             Kingdoms
             ,
             England
             ,
             and
             Scotland
             ,
             and
             Ireland
             ,
             in
             Travail
             and
             Agitation
             with
             us
             ,
             bowing
             themselves
             ,
             like
             the
             Hindes
             spoken
             of
             in
             Iob
             ,
             to
             cast
             out
             their
             Sorrows
             .
          
           
             Truth
             and
             Goodness
             
               (
               My
               Lords
            
             )
             they
             are
             the
             Beauty
             of
             the
             Soul
             ,
             they
             are
             the
             Perfection
             of
             all
             created
             Natures
             ,
             they
             are
             the
             Image
             and
             Character
             of
             God
             upon
             the
             Creatures
             .
          
           
             This
             Beauty
             ,
             Evil
             Spirits
             ,
             and
             Evil
             Men
             ,
             have
             lost
             ;
             but
             yet
             there
             are
             none
             so
             wicked
             ,
             but
             they
             desire
             to
             march
             under
             the
             shew
             and
             shadow
             of
             it
             ,
             though
             they
             hate
             the
             reality
             of
             it
             .
          
           
             This
             unhappy
             Earl
             ,
             now
             the
             Object
             of
             your
             Lordships
             Justice
             ,
             hath
             taken
             as
             much
             care
             ,
             hath
             used
             as
             much
             cunning
             to
             set
             a
             face
             and
             countenance
             of
             Honesty
             and
             Justice
             upon
             his
             Actions
             ,
             as
             he
             hath
             been
             negligent
             to
             observe
             the
             rules
             of
             Honesty
             in
             the
             Performance
             of
             all
             these
             Actions
             .
             
               My
               Lords
            
             ,
             it
             is
             the
             greatest
             baseness
             of
             wickedness
             ,
             that
             it
             dares
             not
             look
             in
             his
             own
             Colours
             ,
             nor
             be
             seen
             in
             its
             natural
             Countenance
             .
             But
             Virtue
             ,
             as
             it
             is
             amiable
             in
             all
             respects
             ,
             so
             the
             least
             is
             not
             this
             .
             That
             it
             puts
             a
             Nobleness
             ,
             it
             puts
             a
             Bravery
             upon
             the
             Mind
             ,
             and
             lifts
             it
             above
             Hopes
             and
             Fears
             ,
             above
             Favour
             and
             Displeasure
             ;
             it
             makes
             it
             always
             uniform
             and
             constant
             to
             it self
             .
          
           
             The
             Service
             Commanded
             me
             and
             my
             Colleagues
             here
             ,
             is
             to
             take
             off
             those
             Vizards
             of
             Truth
             and
             Uprightness
             ,
             which
             hath
             been
             sought
             to
             be
             put
             upon
             this
             Cause
             ,
             and
             to
             shew
             you
             his
             Actions
             and
             his
             Intentions
             ,
             in
             their
             own
             natural
             Blackness
             and
             Deformity
             .
          
           
             
               My
               Lords
            
             ,
             He
             hath
             put
             on
             a
             Vizard
             of
             Truth
             in
             these
             words
             ,
             (
             wherein
             he
             says
             )
             That
             he
             should
             be
             in
             his
             Defence
             more
             careful
             to
             observe
             Truth
             ,
             than
             to
             gain
             Advantage
             to
             himself
             .
             He
             says
             ,
             he
             would
             endure
             any
             thing
             rather
             than
             be
             saved
             by
             Falshoood
             .
          
           
             It
             was
             a
             noble
             and
             brave
             Expression
             if
             it
             were
             really
             true
             .
          
           
             
               My
               Lords
            
             ,
             He
             hath
             likewise
             put
             on
             the
             Vizard
             of
             Goodness
             on
             his
             Actions
             ,
             when
             he
             desires
             to
             recite
             his
             Services
             in
             a
             great
             many
             particulars
             ,
             as
             if
             they
             were
             Beneficial
             to
             the
             Common-wealth
             and
             State
             ,
             whereas
             we
             shall
             prove
             them
             Mischievous
             and
             Dangerous
             .
          
           
             It
             is
             left
             upon
             me
             ,
             
               My
               Lords
            
             ,
             to
             take
             off
             these
             Vizards
             and
             Appearances
             of
             Truth
             and
             Goodness
             ,
             in
             that
             part
             of
             his
             Answer
             which
             is
             the
             Preamble
             .
             And
             that
             I
             shall
             do
             with
             as
             much
             Faithfulness
             and
             Brevity
             as
             I
             can
             .
          
           
             1.
             
             The
             First
             thing
             
               (
               My
               Lords
            
             )
             that
             I
             shall
             observe
             in
             the
             Preamble
             is
             this
             ,
             That
             having
             recited
             all
             those
             great
             and
             honourable
             Offices
             which
             he
             hath
             done
             under
             His
             Majesty
             ,
             he
             is
             bold
             to
             affirm
             ,
             That
             he
             hath
             been
             careful
             and
             faithful
             in
             the
             Execution
             of
             them
             all
             .
          
           
             
               My
               Lords
            
             ,
             If
             he
             might
             be
             his
             own
             Witness
             ,
             and
             his
             own
             Judge
             ,
             I
             doubt
             not
             but
             he
             would
             be
             Acquitted
             .
          
           
             It
             is
             said
             in
             the
             Proverbs
             of
             the
             Adulterous
             Woman
             ,
             That
             she
             
               wipes
               her
               mouth
            
             ,
             and
             says
             ,
             
               she
               had
               done
               no
               Evil.
            
             Here
             is
             a
             wiping
             of
             the
             mouth
             ,
             here
             is
             a
             verbal
             expression
             of
             Honesty
             .
             But
             
               (
               My
               Lords
            
             )
             the
             foulness
             and
             unjustness
             will
             never
             be
             wiped
             off
             ,
             neither
             from
             his
             Heart
             ,
             nor
             from
             his
             
             Actions
             ;
             I
             mean
             for
             the
             time
             past
             ,
             God
             may
             change
             him
             for
             the
             time
             to
             come
             :
             That
             is
             the
             first
             thing
             I
             observe
             .
          
           
             2.
             
             
               My
               Lords
            
             ,
             In
             the
             second
             place
             ,
             out
             of
             his
             Apologetical
             Preamble
             ,
             I
             shall
             observe
             this
             ,
             He
             doth
             magnifie
             his
             own
             Endeavours
             in
             five
             particulars
             :
             1.
             
             That
             he
             hath
             Endeavoured
             the
             maintenance
             of
             Religion
             .
             (
             I
             may
             miss
             in
             words
             ,
             I
             shall
             not
             miss
             in
             sense
             .
             )
             2.
             
             That
             he
             hath
             Endeavoured
             the
             Honour
             of
             the
             King.
             3.
             
             The
             Encrease
             of
             His
             Revenue
             .
             4.
             
             The
             Peace
             and
             Honour
             ,
             and
             Safety
             of
             the
             Kingdom
             .
             5.
             
             The
             Quiet
             and
             Peace
             of
             the
             People
             .
             These
             are
             his
             five
             particulars
             ;
             and
             I
             shall
             give
             a
             short
             Answer
             to
             every
             one
             of
             them
             .
          
           
             1.
             
             For
             Religion
             ,
             
               (
               My
               Lords
            
             )
             we
             say
             ,
             and
             we
             shall
             prove
             ,
             that
             he
             hath
             been
             diligent
             indeed
             to
             favour
             Innovations
             ,
             to
             favour
             Superstitions
             ,
             to
             favour
             the
             Incroachments
             and
             Usurpations
             of
             the
             Clergy
             :
             But
             for
             Religion
             it
             never
             received
             any
             advantage
             by
             him
             ,
             nay
             ,
             a
             great
             deal
             of
             hurt
             .
          
           
             2.
             
             For
             the
             Honour
             of
             the
             King
             :
             
               (
               My
               Lords
            
             )
             We
             say
             it
             is
             the
             Honour
             of
             the
             King
             that
             He
             is
             the
             Father
             of
             His
             People
             ,
             that
             He
             is
             the
             Fountain
             of
             Justice
             ;
             and
             it
             cannot
             stand
             with
             His
             Honour
             and
             Justice
             to
             have
             His
             Government
             Stain'd
             and
             Polluted
             with
             Tyranny
             and
             Oppression
             .
          
           
             3.
             
             For
             the
             Increase
             of
             His
             Revenue
             :
             It
             is
             true
             ,
             there
             may
             be
             some
             Addition
             of
             Sums
             ;
             but
             we
             say
             ,
             There
             is
             no
             Addition
             of
             Strength
             nor
             Wealth
             ,
             because
             in
             those
             parts
             where
             it
             hath
             been
             increased
             ,
             this
             Earl
             hath
             taken
             the
             greatest
             share
             himself
             :
             And
             when
             he
             hath
             spoiled
             and
             ravined
             on
             the
             People
             ,
             he
             hath
             been
             content
             to
             yield
             up
             some
             part
             to
             the
             King
             ,
             that
             he
             might
             with
             more
             security
             enjoy
             the
             rest
             .
          
           
             4.
             
             For
             the
             Strength
             and
             Honour
             ,
             and
             Safety
             of
             the
             Kingdom
             :
             
               (
               My
               Lords
            
             )
             In
             a
             time
             of
             Peace
             he
             hath
             let
             in
             upon
             us
             the
             Calamities
             of
             War
             ,
             Weakness
             ,
             Shame
             and
             Confusion
             .
          
           
             5.
             
             And
             for
             the
             Quiet
             of
             the
             Subjects
             ,
             He
             hath
             been
             an
             Incendiary
             ,
             he
             hath
             Armed
             us
             amongst
             our selves
             ,
             and
             made
             us
             weak
             and
             naked
             to
             all
             the
             World
             besides
             .
             This
             is
             that
             I
             shall
             answer
             to
             the
             second
             Head
             of
             his
             Apology
             .
          
           
             3.
             
             The
             Third
             is
             this
             ,
             
               (
               My
               Lords
            
             )
             That
             by
             his
             means
             many
             good
             and
             wholesome
             Laws
             have
             been
             made
             since
             his
             Government
             in
             Ireland
             .
          
           
             Truly
             ,
             
               (
               My
               Lords
            
             )
             if
             we
             should
             consider
             the
             particulars
             of
             these
             Laws
             ,
             some
             of
             them
             will
             not
             be
             found
             without
             great
             Exception
             .
             But
             I
             shall
             make
             another
             Answer
             ,
             good
             Laws
             ,
             nay
             ,
             the
             best
             Laws
             are
             no
             advantage
             when
             Will
             is
             set
             above
             Law
             ,
             when
             the
             Laws
             have
             force
             to
             bind
             and
             restrain
             the
             Subject
             ,
             but
             no
             force
             to
             Relieve
             and
             Comfort
             him
             .
          
           
             4.
             
             He
             says
             in
             the
             Fourth
             place
             ,
             He
             was
             a
             means
             of
             calling
             a
             Parliament
             not
             long
             after
             he
             came
             to
             his
             Government
             .
             
               My
               Lords
            
             ,
             Parliaments
             without
             Parliamentary
             Liberties
             ,
             are
             but
             a
             fair
             and
             plausible
             way
             into
             Bondage
             ;
             That
             Parliament
             had
             not
             the
             Liberties
             of
             a
             Parliament
             ;
             Sir
             
               Pierce
               Crosby
            
             for
             speaking
             against
             a
             Bill
             in
             the
             Commons
             House
             ,
             was
             sequestred
             from
             the
             Council-Table
             ,
             and
             Committed
             to
             Prison
             .
          
           
             Sir
             
               Iohn
               Clotworthy
            
             ,
             for
             the
             same
             Cause
             ,
             was
             threatned
             that
             he
             should
             lose
             a
             Lease
             that
             he
             had
             .
             Mr.
             Barnewell
             ,
             and
             two
             other
             Gentlemen
             ,
             were
             threatned
             they
             should
             have
             Troops
             of
             Horse
             put
             upon
             them
             for
             speaking
             in
             the
             House
             .
             Proxies
             by
             dozens
             ,
             were
             given
             by
             some
             of
             his
             Favourites
             :
             And
             
               (
               My
               Lords
            
             )
             Parliaments
             coming
             in
             with
             these
             Circumstances
             ,
             they
             be
             Grievances
             ,
             Mischiefs
             ,
             and
             Miseries
             ;
             no
             works
             of
             Thanks
             or
             Honour
             .
          
           
           
             5.
             
             The
             Fifth
             is
             ,
             That
             he
             hath
             been
             a
             means
             to
             put
             off
             Monopolies
             ,
             and
             other
             Projects
             that
             would
             have
             been
             Grievous
             and
             Burdensome
             to
             the
             Subject
             ;
             if
             he
             had
             hated
             the
             Injustice
             of
             a
             Monopoly
             ,
             or
             the
             Mischief
             of
             a
             Monopoly
             ,
             he
             would
             have
             hated
             it
             in
             himself
             ;
             he
             himself
             would
             have
             been
             no
             Monopolist
             .
             Certainly
             ,
             
               My
               Lords
            
             ,
             It
             was
             not
             the
             love
             of
             Justice
             ,
             nor
             the
             Common
             good
             ,
             that
             moved
             him
             :
             And
             if
             he
             were
             moved
             by
             any
             thing
             else
             ,
             he
             had
             his
             Reward
             .
             It
             may
             be
             it
             was
             because
             he
             would
             have
             no
             man
             gripe
             them
             in
             the
             Kingdom
             but
             himself
             ;
             his
             own
             Harvest-crop
             would
             have
             been
             less
             ,
             if
             he
             had
             had
             sharers
             .
             It
             may
             be
             it
             was
             because
             Monopolies
             hinder
             Trade
             ,
             he
             had
             the
             Customs
             ,
             and
             the
             benefit
             of
             the
             Customs
             would
             have
             been
             less
             ;
             when
             we
             know
             the
             particulars
             ,
             we
             shall
             make
             a
             fit
             and
             proper
             Answer
             to
             them
             :
             But
             in
             the
             mean
             time
             ,
             we
             are
             sure
             whatsoever
             was
             the
             reason
             ,
             it
             was
             not
             Justice
             ,
             nor
             love
             of
             Truth
             ,
             that
             was
             the
             reason
             .
          
           
             6.
             
             He
             saith
             in
             the
             sixth
             place
             ,
             He
             had
             no
             other
             Commission
             but
             what
             his
             Predecessors
             had
             :
             And
             that
             he
             hath
             Executed
             that
             Commission
             with
             all
             Moderation
             .
             For
             the
             Commission
             ,
             it
             was
             no
             Virtue
             of
             his
             if
             it
             were
             a
             good
             Commission
             ,
             I
             shall
             say
             nothing
             of
             that
             .
             But
             for
             the
             second
             part
             ,
             his
             Moderation
             ;
             when
             you
             find
             so
             many
             Imprisoned
             of
             the
             Nobility
             ;
             so
             many
             men
             ,
             some
             adjudged
             to
             Death
             ,
             some
             Executed
             without
             Law
             ;
             when
             you
             find
             so
             many
             publick
             Rapines
             on
             the
             State
             ,
             Soldiers
             sent
             to
             make
             good
             his
             Decrees
             ;
             so
             many
             whippings
             in
             defence
             of
             Monopolies
             ;
             so
             many
             Gentlemen
             that
             were
             Jurors
             ,
             because
             they
             would
             not
             apply
             themselves
             to
             give
             Verdicts
             on
             his
             side
             ,
             to
             be
             fined
             in
             the
             Star-Chamber
             .
          
           
             Men
             of
             Quality
             to
             be
             disgraced
             ,
             set
             on
             the
             Pillory
             ,
             and
             wearing
             Papers
             ,
             and
             such
             things
             ,
             (
             as
             it
             will
             appear
             through
             our
             Evidence
             )
             can
             you
             think
             there
             was
             any
             Moderation
             .
             And
             yet
             truly
             ,
             
               (
               My
               Lords
            
             )
             I
             can
             believe
             ,
             That
             if
             you
             compare
             his
             Courses
             with
             other
             parts
             of
             the
             World
             ungoverned
             ,
             he
             will
             be
             found
             beyond
             all
             in
             Tyranny
             and
             Harshness
             ;
             but
             if
             you
             compare
             them
             with
             his
             mind
             and
             disposition
             ,
             perhaps
             there
             was
             Moderation
             ;
             Habits
             we
             say
             ,
             are
             more
             perfect
             than
             Acts
             ,
             because
             they
             be
             nearest
             the
             principle
             of
             Actions
             .
             The
             Habit
             of
             Cruelty
             in
             himself
             (
             no
             doubt
             )
             is
             more
             perfect
             than
             any
             Act
             of
             Cruelty
             he
             hath
             Committed
             ;
             but
             if
             this
             be
             his
             Moderation
             ,
             I
             think
             all
             men
             will
             pray
             to
             be
             delivered
             from
             it
             :
             And
             I
             may
             truly
             say
             that
             is
             verified
             in
             him
             ,
             
               The
               Mercies
               of
               the
               Wicked
               are
               Cruel
               .
            
          
           
             7.
             
             I
             come
             to
             the
             seventh
             ,
             and
             that
             is
             concerning
             the
             Kings
             Revenue
             :
             That
             he
             hath
             improved
             it
             from
             57000
             l.
             to
             120000
             l.
             and
             that
             he
             hath
             done
             it
             by
             Honourable
             and
             Just
             ways
             .
             That
             he
             hath
             made
             the
             Kingdom
             able
             to
             Support
             it self
             .
             That
             he
             hath
             improved
             the
             Kings
             Revenue
             by
             many
             rich
             and
             great
             Purchases
             .
             That
             he
             hath
             saved
             the
             Charge
             of
             the
             Navy
             ,
             by
             bearing
             7000
             l.
             a
             year
             in
             Ireland
             ,
             which
             was
             born
             here
             before
             .
             And
             then
             he
             says
             for
             a
             Conclusion
             ,
             That
             he
             never
             took
             Money
             out
             of
             the
             Kings
             Exchequer
             .
             
               My
               Lords
            
             ,
             I
             must
             run
             over
             all
             these
             .
          
           
             For
             the
             Enlargement
             or
             Increase
             of
             the
             Revenue
             of
             that
             Kingdom
             ,
             I
             think
             there
             is
             a
             little
             fault
             in
             his
             Arithmetick
             ,
             but
             I
             will
             not
             charge
             him
             with
             that
             now
             .
          
           
             But
             for
             his
             Honourable
             ways
             of
             Increasing
             it
             ;
             if
             Monopolies
             ,
             if
             Vexation
             of
             the
             Subject
             ,
             be
             Honourable
             ways
             ,
             we
             shall
             leave
             that
             to
             your
             Lordships
             to
             judge
             .
             But
             most
             of
             his
             increases
             are
             made
             upon
             Monopolies
             .
             It
             is
             true
             ,
             there
             is
             another
             way
             of
             bargaining
             ,
             but
             it
             hath
             been
             mixed
             
             with
             Rigour
             and
             Rapine
             ,
             and
             Injustice
             .
             Men
             have
             been
             driven
             out
             of
             their
             Estates
             ;
             Offices
             have
             been
             found
             by
             force
             .
             Men
             have
             been
             driven
             to
             resign
             their
             Estates
             :
             And
             is
             this
             a
             Just
             way
             of
             improving
             a
             Kings
             Revenue
             ?
             that
             I
             shall
             submit
             to
             your
             Lordships
             .
          
           
             Then
             he
             says
             ,
             He
             hath
             made
             the
             Kingdom
             able
             to
             Support
             it self
             :
             
               My
               Lords
            
             ,
             He
             that
             hath
             no
             Harvest
             of
             his
             own
             ,
             must
             Glean
             after
             another
             mans
             Reapers
             .
             Truly
             ,
             this
             was
             none
             of
             his
             work
             :
             The
             Kingdom
             was
             able
             to
             subsist
             of
             it self
             before
             he
             came
             thither
             .
             For
             that
             we
             shall
             Appeal
             to
             the
             Records
             of
             the
             Exchequer
             ,
             betwixt
             the
             year
             1622.
             and
             the
             time
             of
             his
             Government
             ,
             which
             was
             nine
             years
             at
             least
             ,
             during
             which
             ,
             nothing
             went
             out
             of
             this
             Kingdom
             to
             the
             support
             of
             that
             Island
             .
             The
             7000
             l.
             for
             the
             Navy
             ,
             was
             born
             in
             Ireland
             before
             his
             time
             a
             year
             or
             two
             ;
             so
             he
             comes
             near
             the
             truth
             of
             that
             ,
             yet
             misses
             a
             year
             of
             the
             truth
             .
          
           
             But
             if
             it
             were
             true
             ;
             hath
             it
             been
             only
             by
             the
             ordinary
             Revenue
             that
             it
             hath
             supported
             it self
             ?
             He
             hath
             had
             six
             Subsidies
             ;
             a
             year
             ,
             or
             two
             of
             Contribution
             ,
             which
             the
             Irish
             gave
             towards
             the
             supporting
             of
             the
             Charge
             of
             Ireland
             .
             It
             was
             not
             his
             Husbanding
             ,
             nor
             his
             managing
             of
             the
             Revenue
             ;
             And
             truly
             if
             the
             Kingdom
             were
             able
             to
             support
             it self
             ,
             (
             as
             it
             was
             before
             he
             came
             thither
             )
             by
             the
             Revenue
             of
             the
             Kingdom
             ,
             and
             by
             the
             help
             of
             that
             Contribution
             ,
             it
             would
             be
             very
             fit
             ,
             (
             since
             there
             may
             be
             many
             Increases
             since
             )
             to
             know
             what
             is
             become
             of
             300000
             l.
             for
             six
             Subsidies
             ,
             and
             of
             the
             Contribution
             money
             ;
             and
             indeed
             there
             is
             a
             great
             suspicion
             ,
             that
             that
             went
             another
             way
             But
             that
             you
             may
             the
             better
             observe
             his
             Husbandry
             ,
             I
             shall
             speak
             of
             his
             last
             years
             Accompt
             ;
             the
             20th
             of
             March
             ,
             (
             now
             something
             more
             than
             a
             year
             since
             )
             the
             Under-Treasurer
             delivered
             an
             Account
             ,
             on
             which
             there
             was
             101000
             l.
             remaining
             in
             the
             Kings
             Coffers
             .
             Since
             that
             time
             there
             hath
             been
             received
             112000
             l.
             for
             the
             King.
             (
             I
             speak
             of
             round
             Sums
             ,
             
               (
               My
               Lords
            
             )
             I
             leave
             out
             pounds
             and
             pence
             ,
             and
             such
             things
             :
             This
             is
             213000
             l.
             He
             hath
             received
             out
             of
             the
             Exchequer
             in
             England
             50000
             l.
             There
             are
             Debts
             in
             Ireland
             ,
             60000
             l.
             and
             what
             other
             Debts
             we
             know
             not
             :
             Here
             is
             above
             320000
             l.
             consumed
             in
             a
             year
             ;
             which
             is
             almost
             as
             much
             as
             Queen
             Elizabeth
             consumed
             in
             any
             year
             when
             Tyrone
             was
             in
             Rebellion
             ,
             and
             an
             Army
             of
             Spaniards
             was
             there
             .
          
           
             
               My
               Lords
            
             ,
             He
             saith
             he
             never
             took
             Money
             out
             of
             the
             Exchequer
             ;
             if
             he
             rests
             in
             that
             Affirmation
             ,
             it
             will
             be
             very
             near
             truth
             ,
             yet
             serves
             but
             to
             shadow
             a
             falshood
             ,
             which
             is
             worse
             ,
             to
             cover
             and
             to
             glaze
             ,
             under
             such
             a
             Colour
             of
             Truth
             as
             that
             is
             ,
             a
             notable
             Falshood
             .
          
           
             
               My
               Lords
            
             ,
             It
             is
             true
             ,
             he
             hath
             taken
             no
             Money
             out
             of
             the
             Exchequer
             ;
             but
             he
             could
             be
             content
             to
             take
             from
             the
             Under-Treasurer
             of
             the
             Exchequer
             ,
             24000
             l.
             about
             two
             years
             since
             ,
             and
             to
             keep
             it
             for
             his
             own
             occasions
             ;
             when
             the
             Kings
             Army
             was
             in
             want
             :
             And
             he
             paid
             it
             in
             but
             lately
             .
          
           
             And
             before
             I
             pass
             from
             this
             matter
             of
             the
             Revenue
             ,
             give
             me
             leave
             to
             speak
             something
             of
             the
             increase
             that
             comes
             in
             by
             the
             Customs
             .
          
           
             It
             is
             true
             ,
             there
             is
             a
             great
             increase
             ;
             but
             if
             your
             Lordships
             look
             to
             the
             beginning
             of
             that
             bargain
             ,
             you
             shall
             find
             the
             notablest
             cozenage
             that
             ever
             was
             offered
             to
             a
             Prince
             ,
             in
             one
             that
             was
             a
             sworn
             Servant
             ,
             and
             intrusted
             with
             so
             great
             a
             Charge
             .
          
           
             It
             will
             be
             more
             fully
             opened
             in
             the
             Article
             that
             concerns
             the
             Customs
             ;
             but
             I
             shall
             speak
             of
             it
             a
             little
             :
             He
             made
             a
             bargain
             ,
             and
             under
             pretence
             of
             getting
             of
             1350
             l.
             gain
             to
             the
             King
             ,
             he
             gave
             cause
             of
             Allowances
             and
             Defalcations
             ;
             whereby
             he
             took
             forth
             of
             the
             Kings
             Purse
             6000
             l.
             a
             year
             ,
             or
             very
             near
             ,
             which
             the
             King
             had
             before
             .
             He
             laid
             new
             Additions
             of
             charge
             on
             the
             Customs
             ,
             which
             came
             to
             12000
             l.
             So
             that
             on
             a
             bargain
             of
             
             giving
             1350
             l.
             more
             than
             was
             reserved
             on
             the
             former
             Lease
             ,
             He
             was
             sure
             ,
             that
             when
             he
             made
             the
             bargain
             ,
             of
             gaining
             18
             or
             20000
             l.
             
          
           
             8.
             
             But
             I
             shall
             pass
             from
             the
             Revenue
             of
             the
             Crown
             ,
             to
             the
             Revenue
             of
             the
             Church
             ,
             (
             which
             is
             in
             the
             8th
             place
             )
             He
             saith
             he
             hath
             been
             a
             great
             Husband
             for
             the
             Church
             ,
             and
             truly
             hath
             brought
             in
             many
             Lands
             to
             the
             Church
             ;
             but
             he
             hath
             brought
             them
             in
             by
             ways
             without
             Law
             ,
             without
             Rules
             of
             Justice
             :
             He
             hath
             taken
             away
             mens
             Inheritances
             .
             And
             here
             
               (
               My
               Lords
            
             )
             is
             an
             offering
             of
             Rapine
             ,
             an
             offering
             of
             Injustice
             and
             Violence
             :
             And
             will
             God
             accept
             such
             an
             Offering
             .
             Must
             the
             Revenues
             of
             the
             Church
             be
             raised
             that
             way
             .
             It
             is
             true
             ,
             it
             was
             the
             more
             in
             the
             way
             of
             his
             own
             Preferment
             .
             He
             knew
             who
             sat
             at
             the
             Helme
             here
             ,
             the
             Archbishop
             of
             Canterbury
             ;
             and
             such
             services
             might
             win
             more
             credit
             with
             him
             .
             It
             was
             not
             an
             Eye
             to
             God
             and
             Religion
             ;
             but
             an
             Eye
             to
             his
             own
             Preferment
             .
             I
             shall
             speak
             no
             more
             of
             that
             .
          
           
             9.
             
             I
             come
             to
             the
             9th
             head
             ;
             and
             that
             is
             the
             building
             of
             Churches
             .
             Many
             Churches
             have
             been
             built
             since
             his
             Government
             .
             Truly
             ,
             
               My
               Lords
            
             ,
             why
             he
             should
             have
             any
             Credit
             or
             Honour
             ,
             if
             other
             men
             builded
             Churches
             ,
             I
             know
             not
             :
             I
             am
             sure
             we
             hear
             of
             no
             Churches
             he
             hath
             built
             himself
             :
             If
             he
             would
             have
             been
             careful
             to
             have
             set
             up
             good
             Preachers
             ,
             that
             would
             have
             stirred
             up
             Devotion
             in
             men
             ,
             and
             made
             them
             desirous
             of
             the
             knowledge
             of
             God
             ,
             and
             by
             that
             means
             made
             more
             Churches
             ,
             it
             had
             been
             something
             ;
             But
             I
             hear
             nothing
             of
             Spiritual
             Edification
             ,
             nothing
             of
             the
             knowledge
             of
             God
             that
             by
             his
             means
             hath
             been
             dispersed
             in
             that
             Kingdom
             .
             And
             certainly
             they
             that
             strive
             not
             to
             build
             up
             mens
             Souls
             in
             a
             Spiritual
             way
             of
             Edification
             ,
             let
             them
             build
             all
             the
             material
             Churches
             that
             can
             be
             ,
             they
             will
             do
             no
             good
             ;
             God
             is
             not
             worshipped
             with
             Walls
             ,
             but
             he
             is
             worshipped
             with
             Hearts
             .
          
           
             10.
             
             He
             saith
             in
             the
             10th
             place
             ,
             That
             many
             Orthodox
             and
             Learned
             Preachers
             have
             been
             advanced
             by
             his
             means
             ;
             and
             the
             Doctrine
             and
             Discipline
             of
             the
             Church
             of
             England
             ,
             by
             his
             means
             Protected
             and
             Defended
             .
             
               My
               Lords
            
             ,
             I
             shall
             give
             but
             two
             or
             three
             Paterns
             of
             the
             Clergy
             that
             he
             hath
             preferred
             .
             If
             you
             will
             take
             Doctor
             Atherton
             ,
             he
             is
             not
             to
             be
             found
             now
             above
             Ground
             ;
             for
             he
             was
             hanged
             for
             many
             foul
             and
             unspeakable
             Offences
             .
          
           
             Doctor
             Bramhill
             hath
             been
             preferred
             to
             a
             great
             Bishoprick
             ;
             but
             he
             is
             a
             man
             that
             now
             stands
             charged
             with
             High
             Treason
             :
             he
             hath
             been
             but
             few
             years
             in
             Ireland
             ,
             and
             yet
             hath
             laid
             out
             at
             least
             30000
             l.
             in
             Purchases
             .
             I
             shall
             name
             but
             one
             Chaplain
             more
             ,
             and
             that
             is
             one
             
               Arthur
               Gwyn
            
             ,
             who
             about
             1634.
             was
             an
             Under-Groom
             to
             the
             Earl
             of
             Corke
             in
             his
             Stable
             :
             In
             the
             year
             after
             ,
             Dr.
             Bramhill
             preferred
             him
             to
             be
             a
             Clergy-man
             ;
             and
             a
             Parsonage
             ,
             and
             two
             Vicaridges
             Impropriate
             ,
             were
             taken
             from
             my
             Lord
             of
             Corke
             ,
             and
             given
             to
             this
             
               Arthur
               Gwyn
            
             .
             I
             shall
             add
             no
             more
             Patterns
             of
             his
             Clergy
             .
          
           
             11.
             
             I
             go
             to
             the
             11th
             ,
             and
             that
             is
             concerning
             the
             Army
             :
             He
             hath
             many
             glorious
             Expressions
             of
             his
             Service
             concerning
             the
             Army
             ;
             That
             they
             are
             1000
             Horse
             and
             2000
             Foot
             :
             And
             that
             there
             hath
             been
             very
             few
             Papists
             Soldiers
             or
             Officers
             ;
             and
             none
             preferred
             by
             himself
             .
             Truly
             ,
             I
             think
             he
             says
             true
             ,
             or
             within
             one
             of
             true
             in
             this
             ;
             for
             there
             was
             but
             one
             preferred
             by
             himself
             ,
             and
             therefore
             I
             shall
             not
             stand
             upon
             that
             .
          
           
           
             But
             he
             says
             this
             Army
             was
             paid
             out
             of
             the
             Revenue
             of
             the
             Crown
             ,
             which
             heretofore
             it
             was
             not
             wont
             to
             be
             .
             To
             that
             I
             have
             spoken
             before
             ,
             and
             shewed
             ,
             that
             many
             years
             before
             his
             time
             all
             the
             Charges
             of
             Ireland
             were
             born
             within
             Ireland
             .
          
           
             He
             says
             ,
             (
             and
             I
             speak
             that
             as
             to
             the
             Army
             too
             )
             That
             neither
             the
             Arms
             nor
             Wages
             have
             been
             burdensome
             to
             the
             people
             of
             Ireland
             ;
             but
             their
             Lodgings
             and
             Billettings
             have
             not
             been
             easie
             ,
             and
             not
             without
             discontent
             ,
             Why
             
               (
               My
               Lords
            
             )
             in
             Dublin
             it self
             ,
             where
             they
             have
             a
             Charter
             that
             exempts
             them
             from
             Billetting
             of
             Soldiers
             ,
             they
             have
             been
             faign
             to
             pay
             for
             Billetting
             of
             Soldiers
             .
             Nay
             ,
             those
             Soldiers
             that
             were
             Servants
             and
             Dwellers
             in
             his
             own
             houses
             ,
             and
             other
             places
             ,
             must
             have
             their
             Billetting
             moneys
             .
             And
             of
             this
             there
             hath
             been
             Petitions
             and
             Complaints
             ;
             nay
             ,
             it
             hath
             been
             spoken
             of
             in
             Parliament
             there
             ;
             and
             yet
             he
             can
             tell
             you
             ,
             that
             the
             marching
             and
             laying
             of
             Soldiers
             is
             without
             burthen
             and
             grievance
             to
             the
             People
             :
             that
             was
             the
             Eleventh
             .
          
           
             12.
             
             I
             go
             to
             the
             12th
             ,
             and
             that
             is
             the
             great
             increase
             of
             Trade
             :
             The
             increase
             of
             Shipping
             100
             to
             one
             .
             Truly
             
               (
               My
               Lords
            
             )
             in
             a
             time
             of
             Peace
             ,
             and
             in
             a
             growing
             Kingdom
             as
             that
             was
             ,
             being
             formerly
             unhusbanded
             ,
             It
             is
             no
             wonder
             ,
             that
             when
             Land
             increases
             in
             the
             Manurance
             ,
             and
             People
             increase
             in
             Number
             ,
             both
             Shipping
             and
             Trade
             increases
             .
             But
             it
             is
             the
             advantage
             of
             the
             time
             ,
             not
             the
             advantage
             of
             his
             Government
             ;
             for
             
               (
               My
               Lords
            
             )
             his
             Government
             hath
             been
             destructive
             to
             Trade
             :
             And
             that
             will
             manifestly
             appear
             by
             the
             multitude
             of
             Monopolies
             that
             he
             hath
             exercised
             in
             his
             own
             person
             .
             And
             that
             is
             all
             I
             shall
             speak
             to
             the
             12th
             .
          
           
             13.
             
             The
             13th
             is
             ,
             That
             Justice
             hath
             been
             administred
             without
             bribery
             ,
             without
             partiality
             ,
             without
             Corruption
             ;
             these
             are
             Glorious
             things
             .
             But
             there
             will
             as
             much
             fall
             upon
             him
             of
             Corruption
             and
             Injustice
             ,
             as
             of
             any
             other
             Offence
             ;
             And
             that
             
               (
               My
               Lords
            
             )
             will
             appear
             to
             you
             through
             the
             whole
             course
             of
             our
             Evidence
             :
             I
             shall
             not
             now
             speak
             of
             the
             particulars
             .
             And
             that
             we
             may
             not
             content
             our selves
             with
             particular
             witnesses
             only
             ,
             I
             shall
             humbly
             desire
             ,
             That
             the
             Remonstrance
             of
             the
             Parliament
             of
             Ireland
             ,
             both
             of
             the
             Lords
             and
             of
             the
             Commons
             ,
             may
             be
             read
             :
             And
             they
             will
             give
             a
             sufficient
             Testimony
             of
             the
             quality
             of
             his
             Justice
             .
          
           
             14.
             
             The
             14th
             
               (
               My
               Lords
            
             )
             is
             this
             ,
             That
             he
             hath
             been
             a
             Means
             to
             His
             Majesty
             for
             a
             Parliament
             in
             England
             .
             It
             is
             true
             he
             was
             :
             And
             it
             is
             as
             true
             ,
             that
             we
             count
             that
             as
             mischievous
             a
             part
             of
             his
             design
             ,
             as
             any
             thing
             else
             .
             Into
             what
             a
             miserable
             
               Dilemma
               (
               My
               Lords
            
             )
             did
             he
             bring
             the
             Kingdom
             ,
             that
             we
             must
             surrender
             the
             Liberties
             of
             the
             Kingdom
             in
             Parliament
             ,
             or
             see
             them
             oppressed
             with
             Force
             and
             Violence
             out
             of
             Parliament
             .
             The
             particulars
             of
             this
             I
             shall
             leave
             for
             the
             instant
             ;
             for
             there
             is
             an
             Article
             that
             concerns
             this
             .
          
           
             I
             have
             now
             passed
             through
             all
             the
             material
             parts
             of
             the
             Apologetical
             Preamble
             .
          
           
             He
             concludes
             with
             a
             desire
             ,
             That
             he
             may
             not
             be
             charged
             with
             Errors
             of
             his
             understanding
             or
             Judgment
             ,
             being
             not
             bred
             up
             in
             the
             Law
             ,
             or
             with
             weakness
             ,
             to
             which
             humane
             Nature
             is
             subject
             .
             Truly
             ,
             it
             would
             be
             far
             from
             us
             to
             charge
             him
             with
             any
             such
             mistakes
             ;
             No
             
               (
               My
               Lords
            
             )
             we
             shall
             charge
             him
             with
             nothing
             but
             what
             the
             Law
             in
             every
             mans
             breast
             condemns
             ,
             the
             Light
             of
             nature
             ,
             the
             Light
             of
             common
             reason
             ,
             the
             Rules
             
             of
             common
             Society
             :
             And
             that
             will
             appear
             in
             all
             the
             Articles
             which
             my
             Colleagues
             will
             offer
             to
             you
             .
          
           
             
               My
               Lords
            
             ,
             I
             have
             some
             few
             Witnesses
             which
             I
             shall
             desire
             may
             be
             heard
             to
             the
             points
             I
             have
             opened
             ;
             and
             I
             shall
             in
             the
             first
             place
             desire
             ,
             that
             Sir
             
               Pierce
               Crosby
            
             may
             be
             heard
             concerning
             the
             breach
             of
             Priviledge
             in
             Parliament
             :
             Also
             Sir
             
               Iohn
               Clotworthy
               ,
               Nich.
               Barnewell
               ,
               Nich.
               Plunket
               ,
            
             and
             Sir
             
               Iames
               Montgomery
            
             .
             I
             have
             some
             Witnesses
             to
             the
             point
             of
             Revenue
             ,
             Sir
             
               Robert
               Pye
            
             ,
             Sir
             
               Edward
               Warder
            
             ,
             and
             Sir
             
               Adam
               Loftus
            
             .
          
           
             Gentlemen
             ,
             You
             who
             are
             of
             the
             Committee
             ,
             I
             am
             commanded
             to
             let
             
             you
             know
             ,
             That
             the
             Lords
             will
             allow
             you
             all
             the
             Testimonies
             you
             can
             produce
             to
             make
             good
             the
             Impeachment
             ;
             but
             the
             Witnesses
             which
             you
             do
             produce
             ,
             must
             be
             deposed
             before
             their
             Lordships
             .
          
           
             Mr.
             Pym
             replied
             ,
             
               My
               Lords
            
             ,
             the
             Commons
             agree
             to
             it
             ;
             and
             in
             the
             first
             
             place
             we
             shall
             call
             Sir
             
               Pierce
               Crosby
            
             ,
             who
             was
             sworn
             accordingly
             .
          
           
             
               My
               Lords
            
             ,
             I
             humbly
             crave
             leave
             whether
             I
             may
             not
             make
             my
             exception
             
             to
             any
             Witness
             .
          
           
             Yes
             ,
             you
             may
             .
             
          
           
             We
             desire
             to
             be
             heard
             upon
             that
             point
             of
             Exception
             ,
             That
             if
             my
             Lord
             
             of
             Strafford
             will
             make
             any
             Exception
             why
             a
             Witness
             should
             not
             be
             heard
             at
             all
             ,
             it
             may
             be
             according
             to
             the
             Rules
             of
             Justice
             .
          
           
             The
             Lord
             High
             Steward
             declaring
             ,
             the
             Prisoner
             might
             except
             against
             the
             
             person
             of
             the
             Witness
             ,
             if
             he
             have
             just
             Cause
             ,
             my
             Lord
             of
             Strafford
             proceeded
             in
             substance
             as
             followeth
             :
          
           
             
               My
               Lords
            
             ,
             I
             humbly
             conceive
             ,
             that
             I
             have
             against
             this
             Gentleman
             Sir
             
               Pierce
               Crosby
            
             ,
             just
             occasion
             of
             Exception
             ,
             (
             as
             not
             being
             a
             competent
             Witness
             )
             
             for
             that
             the
             said
             Sir
             Pierce
             hath
             been
             sentenced
             in
             the
             Star-Chamber
             ,
             for
             a
             very
             undue
             practise
             against
             me
             ,
             tending
             to
             no
             less
             than
             the
             taking
             away
             of
             my
             Life
             ,
             charging
             me
             ,
             (
             and
             practising
             to
             prove
             it
             by
             Testimony
             of
             witness
             )
             that
             I
             had
             killed
             a
             man
             in
             Ireland
             ,
             whom
             I
             protest
             ,
             I
             did
             never
             so
             much
             as
             touch
             .
          
           
             That
             ever
             since
             (
             the
             said
             Sir
             Pierce
             having
             broke
             Prison
             ,
             and
             made
             an
             Escape
             out
             of
             the
             Fleet
             )
             he
             hath
             remained
             abroad
             ,
             and
             never
             came
             hither
             till
             such
             time
             as
             the
             Parliament
             sate
             here
             ;
             and
             now
             is
             returned
             to
             make
             Complaint
             in
             this
             business
             against
             me
             ,
             or
             indeed
             against
             the
             Court
             of
             Star-Chamber
             rather
             :
             And
             standing
             thus
             ,
             whether
             the
             said
             Sir
             Pierce
             shall
             be
             allowed
             a
             Witness
             against
             me
             ,
             I
             humbly
             refer
             it
             to
             Your
             Lordships
             Judgments
             .
          
           
             
               My
               Lords
            
             ,
             We
             expected
             my
             Lord
             of
             Strafford
             would
             have
             shown
             on
             
             what
             reason
             Sir
             Pierce
             was
             censured
             ;
             for
             a
             man
             Criminous
             in
             one
             kind
             ,
             may
             be
             nevertheless
             fit
             to
             give
             Testimony
             in
             another
             kind
             .
             If
             it
             be
             a
             particular
             practice
             against
             my
             Lord
             of
             Strafford
             ,
             when
             their
             Lordships
             have
             heard
             what
             that
             practice
             was
             ,
             and
             have
             heard
             likewise
             the
             Witness
             ,
             they
             will
             believe
             him
             according
             to
             the
             weight
             of
             the
             Testimony
             ,
             compared
             with
             the
             fault
             ,
             or
             whatsoever
             else
             is
             in
             the
             Sentence
             .
             But
             in
             the
             mean
             time
             ,
             they
             conceive
             it
             is
             no
             Exception
             ,
             but
             that
             the
             Witness
             should
             be
             
             heard
             ,
             This
             that
             is
             charged
             on
             my
             Lord
             of
             Strafford
             ,
             being
             a
             Crime
             of
             High
             Treason
             ,
             it
             concerns
             the
             Common-wealth
             ,
             the
             King
             being
             party
             ,
             and
             not
             the
             Witness
             that
             is
             produced
             .
          
           
             And
             whereas
             it
             is
             informed
             that
             Sir
             
               Pierce
               Crosby
            
             brake
             Prison
             :
             The
             Gentleman
             tells
             us
             it
             is
             not
             so
             ;
             he
             paid
             the
             Kings
             Fine
             ,
             and
             so
             was
             discharged
             .
             But
             though
             he
             had
             ,
             it
             will
             not
             take
             away
             his
             Testimony
             when
             he
             is
             present
             ;
             which
             he
             said
             ,
             he
             spake
             only
             to
             give
             satisfaction
             to
             that
             aspersion
             .
          
           
             I
             must
             desire
             their
             Lordships
             directions
             ,
             whether
             Sir
             
               Pierce
               Crosby
            
             be
             
             allowed
             ,
             notwithstanding
             my
             Lord
             of
             Straffords
             exceptions
             against
             him
             ,
             and
             Mr.
             Maynards
             allegations
             why
             his
             Testimony
             should
             be
             given
             in
             this
             case
             ,
             or
             no
             :
             And
             divers
             of
             their
             Lordships
             called
             to
             have
             the
             House
             Adjourned
             to
             the
             House
             above
             ,
             that
             they
             might
             there
             debate
             and
             determine
             it
             .
          
           
             Mr.
             Pym
             did
             thereupon
             offer
             ,
             that
             they
             will
             at
             present
             lay
             him
             aside
             till
             
             their
             Lordships
             have
             had
             opportunity
             to
             consider
             ,
             and
             bring
             him
             again
             to
             morrow
             ;
             whereunto
             Mr.
             Maynard
             added
             this
             further
             :
             We
             desire
             
             rightly
             to
             express
             our selves
             to
             Your
             Lordships
             ,
             We
             will
             lay
             him
             aside
             till
             Your
             Lordships
             have
             heard
             others
             ,
             not
             that
             they
             wave
             him
             wholly
             :
             And
             we
             pray
             it
             may
             be
             so
             entred
             ,
             The
             Lord
             Steward
             declaring
             it
             so
             to
             be
             .
          
           
             It
             is
             so
             understood
             .
             
          
           
             In
             the
             next
             place
             ,
             we
             desire
             that
             Sir
             
               Iohn
               Clotworthy
            
             may
             be
             called
             ,
             whom
             we
             produce
             to
             this
             point
             ,
             That
             during
             the
             Parliament
             in
             Ireland
             ,
             
             for
             speaking
             against
             a
             Bill
             in
             the
             Commons
             House
             ,
             he
             was
             threatned
             by
             Sir
             
               George
               Ratcliffe
            
             ,
             (
             whom
             we
             take
             to
             be
             bound
             up
             in
             one
             Cause
             with
             my
             Lord
             of
             Strafford
             ,
             and
             to
             be
             moved
             by
             my
             Lord
             of
             Straffords
             spirit
             )
             and
             that
             Parliaments
             are
             not
             Priviledges
             ,
             when
             Parliament
             Liberties
             are
             not
             observed
             .
          
           
             Sir
             
               Iohn
               Clotworthy
            
             was
             sworn
             :
          
           
             
               My
               Lords
            
             ,
             We
             desire
             he
             may
             be
             asked
             ,
             whether
             for
             having
             delivered
             
             his
             Opinion
             against
             a
             Bill
             preferred
             to
             the
             Parliament
             in
             Ireland
             by
             the
             Earl
             of
             Strafford
             ,
             about
             the
             10th
             year
             of
             this
             King
             ,
             he
             was
             not
             asked
             by
             
             Sir
             
               George
               Ratcliffe
            
             ,
             concerning
             a
             Lease
             that
             he
             had
             ;
             the
             question
             intimating
             a
             Threat
             ,
             that
             he
             should
             suffer
             for
             speaking
             so
             freely
             ?
          
           
             To
             which
             he
             answered
             ,
             
               My
               Lords
            
             ,
             In
             the
             10th
             year
             of
             the
             King
             ,
             I
             
             serving
             in
             Ireland
             in
             Parliament
             ,
             did
             Vote
             against
             a
             Bill
             ;
             as
             soon
             as
             I
             had
             Voted
             against
             it
             ,
             Sir
             
               George
               Ratcliffe
            
             ,
             being
             one
             of
             the
             Tellers
             ,
             on
             his
             counting
             the
             numbers
             ,
             how
             many
             Yea's
             ,
             and
             how
             many
             No's
             ,
             He
             came
             to
             me
             ,
             and
             said
             thus
             ,
             Have
             not
             you
             a
             Lease
             in
             such
             a
             place
             ?
             I
             told
             him
             yea
             ;
             remember
             that
             ,
             saith
             he
             :
             This
             is
             all
             I
             can
             remember
             .
             And
             this
             (
             he
             added
             )
             was
             in
             the
             Commons
             House
             .
          
           
             2.
             
             He
             being
             interrogated
             whether
             he
             knew
             any
             thing
             of
             Sir
             
               Pierce
               Crosbies
            
             Commitment
             ,
             or
             no
             ?
          
           
             He
             answered
             ,
             I
             know
             it
             only
             by
             hear-say
             ,
             he
             was
             a
             Member
             of
             the
             House
             when
             I
             had
             the
             Honour
             to
             serve
             ;
             I
             heard
             the
             expression
             of
             Sir
             
               George
               Ratcliffe
            
             at
             that
             time
             :
             And
             the
             common
             voice
             was
             ,
             that
             he
             was
             under
             restraint
             ;
             but
             I
             saw
             him
             not
             .
          
           
           
             Being
             asked
             whether
             there
             was
             any
             other
             occasion
             of
             these
             words
             but
             his
             said
             Vote
             :
          
           
             He
             answered
             ,
             Truly
             
               (
               My
               Lords
            
             )
             I
             can
             apprehend
             none
             .
          
           
             4.
             
             Being
             asked
             whether
             he
             heard
             Sir
             
               George
               Ratcliffe
            
             threaten
             Sir
             
               Pierce
               Crosby
            
             in
             Parliament
             :
          
           
             He
             answered
             ,
             I
             heard
             Sir
             
               Pierce
               Crosby
            
             speaking
             against
             a
             Bill
             in
             Parliament
             ;
             and
             as
             soon
             as
             he
             had
             sate
             down
             from
             speaking
             against
             the
             Bill
             ,
             Sir
             
               George
               Ratcliffe
            
             said
             to
             him
             ,
             That
             is
             not
             Privy-Councellor
             like
             ,
             or
             to
             that
             purpose
             ,
             I
             heard
             him
             .
          
           
             To
             the
             point
             of
             Sir
             
               Pierce
               Crosbies
            
             being
             sequestred
             from
             the
             Council
             upon
             his
             speaking
             in
             Parliament
             .
          
           
             The
             Lord
             Ranulagh
             being
             sworn
             ,
             was
             interrogated
             whether
             about
             the
             
             10th
             year
             of
             the
             King
             ,
             he
             knew
             Exception
             to
             be
             taken
             against
             Sir
             
               Pierce
               Crosby
            
             ,
             for
             delivering
             his
             Opinion
             in
             Parliament
             ;
             and
             what
             proceedings
             were
             against
             him
             thereupon
             :
          
           
             He
             answered
             ,
             
               (
               My
               Lords
            
             )
             to
             the
             best
             of
             my
             remembrance
             ,
             Sir
             
               Pierce
               Crosby
            
             being
             a
             Privy-Councellor
             in
             Ireland
             ,
             was
             charged
             at
             the
             Council-Board
             for
             Voting
             against
             a
             Bill
             that
             was
             transmitted
             by
             the
             Lord
             Deputy
             and
             Council
             ;
             and
             hereupon
             the
             Opinion
             of
             the
             Board
             was
             asked
             ;
             and
             by
             the
             advice
             of
             that
             Board
             Sir
             
               Pierce
               Crosby
            
             was
             sequestred
             from
             the
             Council
             .
             This
             is
             as
             much
             as
             I
             can
             remember
             .
          
           
             2.
             
             Being
             asked
             by
             whom
             he
             was
             sequestred
             :
             He
             answered
             ,
             By
             the
             Deputy
             and
             the
             Council
             .
          
           
             3.
             
             Being
             asked
             who
             began
             the
             Question
             :
             He
             answered
             ,
             My
             Lord
             Deputy
             charged
             him
             .
          
           
             
               My
               Lords
            
             ,
             I
             humbly
             desire
             that
             my
             Lord
             Ranulagh
             may
             be
             asked
             ,
             whether
             
             when
             things
             are
             handled
             at
             the
             Council-Table
             ,
             the
             Deputy
             be
             not
             the
             man
             that
             propounds
             them
             to
             the
             Council
             or
             no
             ;
             not
             as
             a
             party
             complaining
             ,
             but
             as
             belonging
             to
             the
             duty
             of
             his
             place
             :
             And
             how
             he
             behaved
             himself
             in
             that
             business
             .
          
           
             To
             which
             the
             Lord
             Ranulagh
             being
             interrogated
             ,
          
           
             Answered
             ,
             It
             is
             the
             constant
             course
             for
             the
             Deputy
             to
             propose
             the
             
             things
             that
             be
             brought
             to
             the
             Board
             ;
             and
             seldom
             doth
             any
             of
             the
             Council
             propound
             any
             thing
             ;
             but
             the
             Proposition
             comes
             from
             the
             Deputy
             .
          
           
             But
             being
             further
             asked
             on
             the
             Committees
             motion
             ,
             whether
             this
             of
             Sir
             
               Pierce
               Crosbies
            
             came
             to
             the
             Board
             by
             motion
             of
             my
             Lord
             alone
             ,
             or
             that
             any
             other
             moved
             him
             in
             it
             ,
             or
             conveyed
             it
             to
             him
             :
          
           
             He
             answered
             ,
             I
             cannot
             charge
             my
             memory
             where
             it
             had
             beginning
             ;
             but
             as
             I
             remember
             ,
             My
             Lord
             Deputy
             Wandesford
             that
             died
             last
             ,
             and
             Mr.
             Wandsford
             ,
             and
             Sir
             
               George
               Ratcliffe
            
             ,
             were
             movers
             of
             it
             ;
             but
             whether
             it
             moved
             originally
             from
             them
             ,
             or
             from
             my
             Lord
             himself
             ,
             I
             know
             not
             ,
             I
             rather
             believe
             it
             proceeded
             from
             my
             Lord
             Deputy
             ,
             as
             being
             proper
             for
             him
             .
          
           
             The
             Lord
             Mountnorris
             sworn
             and
             interrogated
             ,
             whether
             he
             was
             present
             
             at
             Council-Table
             when
             Sir
             
               Pierce
               Crosby
            
             was
             sequestred
             from
             Council-Table
             ;
             and
             for
             what
             Reasons
             he
             was
             sequestred
             :
          
           
             He
             answers
             ,
             I
             was
             then
             present
             at
             Board
             ,
             and
             he
             was
             removed
             on
             Complaint
             made
             by
             Sir
             
               George
               Ratcliffe
            
             at
             the
             Board
             ,
             touching
             his
             Voting
             of
             a
             
             Bill
             in
             Parliament
             :
             And
             when
             he
             said
             it
             was
             not
             spoken
             like
             a
             Councellor
             ,
             he
             said
             ,
             he
             would
             answer
             it
             to
             him
             that
             made
             him
             a
             Councellor
             .
             That
             was
             the
             effect
             ,
             as
             I
             can
             remember
             ,
             of
             his
             Accusation
             ;
             and
             there
             were
             several
             others
             that
             testified
             the
             same
             words
             that
             Sir
             
               George
               Ratcliffe
            
             accused
             him
             of
             ,
             and
             that
             was
             the
             reason
             he
             was
             sequestred
             by
             most
             Voices
             at
             Council-Table
             ,
             though
             he
             had
             many
             Votes
             with
             him
             .
          
           
             And
             being
             further
             asked
             ,
             what
             my
             Lord
             of
             Straffords
             Vote
             was
             :
          
           
             He
             answered
             ,
             It
             was
             for
             his
             Sequestration
             .
          
           
             Mr.
             
               Nicholas
               Barnewell
            
             sworn
             ;
             Being
             asked
             ,
             whether
             for
             his
             delivering
             his
             Opinion
             in
             Parliament
             ,
             Sir
             
               George
               Ratcliffe
            
             did
             ask
             whether
             the
             said
             
             Mr.
             
             Barnewell's
             house
             was
             capacious
             to
             receive
             500
             men
             ,
             to
             be
             laid
             upon
             him
             ;
             intimating
             thereby
             ,
             that
             he
             must
             look
             for
             Soldiers
             to
             be
             laid
             upon
             him
             for
             that
             reason
             :
          
           
             He
             answered
             ,
             There
             was
             a
             Debate
             in
             the
             House
             concerning
             certain
             Boroughs
             sequestred
             from
             the
             House
             by
             reason
             of
             a
             Judgment
             in
             the
             Exchequer
             ,
             which
             the
             House
             conceived
             an
             Erronious
             Judgment
             ,
             and
             were
             of
             Opinion
             that
             the
             old
             Boroughs
             should
             be
             called
             in
             ;
             I
             was
             of
             that
             Opinion
             ,
             Sir
             
               George
               Ratcliffe
            
             was
             of
             another
             Opinion
             ;
             and
             would
             have
             another
             question
             debated
             :
             And
             coming
             out
             of
             the
             House
             ,
             he
             asked
             me
             ,
             Will
             not
             your
             House
             hold
             Five
             hundred
             men
             ?
             I
             answered
             ,
             you
             know
             what
             my
             house
             will
             hold
             as
             well
             as
             my self
             ;
             and
             I
             smiling
             at
             it
             ,
             he
             answered
             ,
             But
             it
             is
             no
             laughing
             matter
             ,
             you
             shall
             have
             500
             men
             laid
             on
             you
             .
          
           
             I
             desire
             it
             may
             be
             asked
             ,
             when
             this
             was
             spoken
             :
             
          
           
             He
             answered
             ,
             It
             was
             in
             November
             last
             ;
             and
             that
             my
             Lord
             of
             Strafford
             was
             not
             then
             in
             the
             Kingdom
             .
          
           
             Mr.
             Pym
             observed
             ,
             That
             the
             Spirit
             of
             my
             Lord
             of
             Strafford
             could
             move
             in
             Sir
             
               George
               Ratcliffe
            
             ,
             wheresoever
             it
             was
             spoken
             ;
             And
             Mr.
             Barnewell
             added
             ,
             
             it
             was
             done
             in
             November
             then
             last
             .
          
           
             In
             the
             next
             place
             ,
             We
             shall
             shew
             the
             untruth
             of
             that
             part
             of
             my
             Lord
             of
             Straffords
             Preamble
             ,
             that
             says
             ,
             The
             Soldiers
             in
             Ireland
             are
             disposed
             with
             so
             much
             contentment
             to
             the
             People
             ,
             that
             they
             are
             no
             burden
             to
             them
             .
          
           
             Mr.
             Egor
             was
             called
             for
             a
             Witness
             ,
             and
             Sworn
             .
             
          
           
             Being
             interrogated
             whether
             he
             knew
             of
             any
             Soldiers
             Billetted
             in
             Dublin
             ?
             whether
             they
             were
             not
             a
             Grievance
             ?
             whether
             that
             City
             hath
             not
             a
             special
             Charter
             of
             Exemption
             ?
          
           
             He
             answered
             ,
             May
             it
             please
             Your
             Lordships
             ,
             the
             City
             of
             Dublin
             doth
             bear
             the
             Charge
             of
             40
             Horse
             ,
             and
             pays
             to
             them
             45
             l.
             a
             month
             for
             Billetting
             ;
             which
             is
             conceived
             they
             should
             not
             bear
             ,
             in
             regard
             they
             have
             a
             Charter
             that
             says
             ,
             
               Nullus
               Mareschallus
               Capiat
               hospitium
               intra
               Civitatem
            
             ;
             and
             therefore
             they
             conceive
             it
             a
             heavy
             burden
             ,
             and
             it
             is
             as
             much
             as
             a
             Subsidy
             :
             And
             another
             part
             of
             the
             City
             standing
             in
             another
             County
             ,
             pays
             10
             l.
             a
             month
             ;
             so
             they
             pay
             in
             all
             55
             l.
             a
             month
             .
          
           
             I
             humbly
             desire
             he
             may
             be
             asked
             ,
             whether
             before
             my
             Lord
             of
             Straffords
             time
             ,
             and
             as
             long
             as
             he
             can
             remember
             ,
             The
             Lord-Deputies
             Foot-guard
             ,
             and
             
             Horse-Companies
             ,
             were
             not
             Billetted
             in
             Dublin
             ?
          
           
             He
             answered
             ,
             To
             the
             Foot-guard
             ,
             when
             my
             Lord
             of
             Faulkland
             was
             there
             ,
             they
             gave
             Lodging
             continually
             ;
             but
             it
             was
             never
             drawn
             to
             matter
             
             of
             money
             :
             And
             till
             now
             we
             had
             never
             Horse
             upon
             us
             ,
             except
             it
             were
             for
             a
             month
             ,
             or
             so
             .
          
           
             In
             the
             next
             place
             ,
             We
             humbly
             desire
             the
             Remonstrance
             of
             the
             Nobility
             ,
             
             and
             the
             House
             of
             Commons
             in
             Ireland
             ,
             might
             be
             read
             as
             Testimonies
             of
             my
             Lord
             of
             Straffords
             Justice
             .
          
           
             I
             desire
             to
             know
             whether
             questions
             are
             to
             be
             asked
             of
             matters
             not
             contained
             
             in
             the
             Charge
             ,
             as
             the
             Remonstrance
             is
             not
             .
          
           
             
               My
               Lords
            
             ,
             The
             Subverting
             of
             the
             Laws
             ,
             and
             Corruption
             in
             Government
             
             and
             Justice
             ,
             is
             generally
             laid
             in
             the
             Charge
             ;
             and
             he
             hath
             answered
             ,
             that
             he
             hath
             administred
             Justice
             with
             Integrity
             :
             And
             this
             we
             produce
             to
             shew
             ,
             That
             the
             frontespiece
             of
             his
             Answer
             ,
             is
             in
             that
             part
             untrue
             .
          
           
             To
             prove
             the
             Truth
             of
             the
             Copy
             of
             the
             Lords
             Remonstrance
             now
             produced
             ,
             the
             Lord
             Digby
             of
             Ireland
             was
             Sworn
             ;
             and
             he
             on
             his
             Oath
             said
             ,
             That
             the
             Copy
             was
             delivered
             him
             at
             his
             coming
             over
             ,
             by
             the
             Clerk
             of
             the
             Lords
             House
             in
             Ireland
             ,
             to
             be
             brought
             over
             hither
             by
             Order
             of
             the
             Lords
             there
             .
          
           
             And
             the
             Lord
             Baltinglasse
             Deposed
             ,
             That
             he
             knew
             it
             to
             be
             the
             Clerks
             hand
             ;
             and
             they
             were
             both
             present
             at
             the
             Voting
             of
             it
             .
          
           
             The
             same
             was
             read
             ,
             bearing
             date
             February
             22.
             1640.
             
             The
             Protestation
             
             and
             Declaration
             of
             the
             Lords
             Spiritual
             and
             Temporal
             in
             Parliament
             Assembled
             ;
             We
             desire
             to
             apply
             it
             to
             disprove
             part
             of
             the
             Preamble
             of
             my
             Lord
             of
             Straffords
             Answer
             .
          
           
             I
             desire
             my
             Lord
             Digby
             may
             be
             asked
             whether
             he
             gave
             his
             Vote
             to
             this
             
             Protestation
             ;
          
           
             We
             produce
             it
             not
             as
             the
             Act
             of
             any
             particular
             man
             ,
             but
             of
             the
             
             Lords
             .
          
           
             Your
             Lordships
             may
             observe
             ,
             that
             this
             is
             fallen
             out
             since
             my
             Impeachment
             of
             High
             Treason
             here
             :
             And
             that
             it
             is
             followed
             by
             Faction
             and
             Correspondence
             ,
             
             as
             in
             time
             might
             be
             made
             appear
             ,
             if
             I
             could
             undertake
             it
             ;
             and
             a
             strong
             Conspiracy
             against
             me
             .
          
           
             
               My
               Lords
            
             ,
             These
             words
             are
             not
             to
             be
             suffered
             ;
             Charging
             the
             House
             of
             
             Commons
             with
             Faction
             ,
             Correspondency
             ,
             and
             Conspiracy
             ,
             We
             desire
             Your
             Lordships
             Justice
             in
             this
             .
          
           
             God
             forbid
             I
             should
             think
             there
             was
             ,
             or
             could
             be
             any
             thing
             in
             that
             
             House
             ,
             or
             any
             Member
             of
             it
             ,
             but
             that
             which
             agrees
             with
             Truth
             and
             Justice
             ,
             and
             Equity
             .
             I
             must
             profess
             to
             Your
             Lordships
             ,
             I
             had
             no
             Reflection
             or
             Intention
             ,
             either
             upon
             the
             Lords
             House
             there
             ,
             or
             upon
             the
             Honourable
             House
             of
             Commons
             here
             ;
             but
             upon
             certain
             Persons
             that
             are
             not
             Members
             of
             the
             House
             here
             ,
             that
             have
             Correspondency
             with
             them
             in
             Ireland
             ,
             that
             are
             not
             Members
             of
             the
             House
             there
             .
          
           
             We
             must
             consult
             with
             the
             House
             of
             Commons
             concerning
             the
             prosecution
             
             of
             this
             Exception
             to
             his
             words
             ;
             and
             in
             the
             mean
             time
             we
             will
             reserve
             it
             to
             our selves
             ;
             and
             so
             we
             shall
             proceed
             .
          
           
           
             We
             desire
             the
             Remonstrance
             made
             by
             the
             House
             of
             Commons
             in
             Ireland
             ,
             (
             being
             deposed
             unto
             by
             
               Patrick
               Gough
            
             ,
             That
             about
             February
             25.
             it
             was
             delivered
             him
             ,
             sealed
             up
             in
             a
             box
             ,
             with
             other
             things
             ,
             before
             his
             face
             ;
             being
             called
             on
             by
             the
             House
             to
             be
             brought
             to
             the
             Committee
             for
             Irish
             affairs
             in
             England
             )
             may
             be
             read
             .
          
           
             Which
             Remonstrance
             was
             read
             accordingly
             .
             
          
           
             Your
             Lordships
             may
             observe
             ,
             That
             my
             Lord
             of
             Straffords
             glorious
             Declaration
             
             of
             his
             own
             Merits
             ,
             was
             confuted
             by
             the
             whole
             Parliament
             ;
             and
             that
             the
             whole
             sum
             of
             the
             Charge
             ,
             is
             confirmed
             by
             the
             Testimony
             of
             all
             Ireland
             .
          
           
             To
             the
             point
             of
             Revenue
             of
             Ireland
             ;
             for
             the
             contradicting
             of
             my
             Lord
             of
             Straffords
             Affirmation
             ,
             That
             Ireland
             supporteth
             its
             own
             Charge
             ;
          
           
             Sir
             
               Edward
               Warder
            
             produced
             ,
             and
             Sworn
             ,
             was
             interrogated
             when
             the
             last
             money
             was
             sent
             out
             of
             this
             Kingdom
             for
             support
             of
             His
             Majesties
             Affairs
             of
             Ireland
             :
          
           
             He
             answered
             ,
             The
             last
             money
             sent
             over
             for
             payment
             of
             the
             Army
             there
             ,
             
             was
             in
             the
             Term
             of
             Easter
             ,
             1621.
             and
             it
             was
             10000
             l.
             in
             full
             of
             20000
             l.
             for
             one
             whole
             years
             charge
             ,
             beginning
             the
             first
             of
             April
             ,
             1619.
             and
             ending
             the
             last
             of
             March
             following
             ;
             which
             was
             17
             Iac.
             
          
           
             Being
             interrogated
             ,
             whether
             since
             that
             time
             the
             State
             here
             hath
             been
             actually
             charged
             with
             the
             Affairs
             of
             Ireland
             .
          
           
             He
             answered
             ,
             Nothing
             hath
             been
             issued
             out
             of
             the
             Receipt
             of
             His
             Majesties
             Exchequer
             for
             the
             Maintenance
             of
             Ireland
             since
             this
             time
             ,
             only
             such
             moneys
             as
             have
             been
             lately
             issued
             for
             the
             Army
             ,
             and
             what
             hath
             been
             issued
             to
             the
             Treasurer
             of
             the
             Navy
             ,
             and
             the
             Officers
             of
             it
             ,
             for
             the
             maintaining
             of
             Ships
             on
             the
             Coast
             ;
             but
             otherwise
             ,
             no
             money
             hath
             been
             issued
             as
             a
             constant
             setled
             thing
             out
             of
             the
             Receipt
             of
             His
             Majesties
             Exchequer
             ,
             for
             any
             thing
             arising
             since
             the
             last
             of
             March
             ,
             1620.
             
          
           
             I
             desire
             he
             may
             be
             asked
             what
             was
             since
             issued
             for
             the
             Navy
             .
             
          
           
             We
             admit
             that
             the
             Charge
             of
             the
             Navy
             continued
             divers
             years
             after
             ,
             yet
             a
             few
             years
             before
             my
             Lord
             of
             Straffords
             Government
             it
             was
             taken
             
             off
             too
             .
          
           
             The
             Manager
             did
             so
             open
             it
             ,
             and
             Sir
             
               Edward
               Warder
            
             did
             in
             effect
             set
             it
             
             forth
             so
             :
             Therefore
             that
             question
             was
             waved
             .
          
           
             Sir
             
               Robert
               Pye
            
             produced
             ,
             and
             Sworn
             to
             that
             point
             of
             Revenue
             ;
             and
             being
             interrogated
             to
             the
             same
             purpose
             ,
          
           
             Answered
             ,
             No
             money
             hath
             issued
             out
             of
             the
             Receipt
             ,
             but
             as
             Sir
             Edward
             
             Warder
             delivered
             it
             ;
             and
             I
             know
             of
             no
             other
             money
             ,
             but
             only
             for
             the
             Maritime
             parts
             ,
             something
             hath
             been
             paid
             to
             the
             Treasurer
             of
             the
             Navy
             :
             And
             besides
             the
             50000
             l.
             of
             late
             ,
             I
             know
             not
             any
             .
          
           
             The
             Lord
             Mountnorris
             was
             called
             upon
             ;
             and
             being
             asked
             whether
             the
             Charge
             of
             7000
             l.
             a
             year
             for
             the
             Navy
             of
             Ireland
             ,
             was
             not
             taken
             off
             a
             year
             before
             my
             Lord
             of
             Straffords
             Government
             :
          
           
             He
             answered
             ,
             I
             cannot
             say
             the
             sum
             was
             7000
             l.
             But
             two
             of
             the
             Whelps
             
             
             employed
             there
             before
             my
             Lord
             of
             Strafford
             came
             to
             the
             Government
             ,
             were
             defrayed
             ;
             whether
             wholly
             ,
             or
             in
             part
             ,
             I
             cannot
             tell
             ,
             but
             they
             had
             good
             large
             sums
             of
             money
             ,
             and
             were
             paid
             in
             the
             Kingdom
             .
          
           
             I
             desire
             my
             Lord
             Mountnorris
             may
             be
             asked
             ,
             whether
             when
             I
             came
             to
             the
             Government
             ,
             the
             constant
             Charge
             did
             not
             exceed
             the
             constant
             Revenue
             ;
             
             and
             how
             much
             ?
          
           
             It
             is
             true
             ,
             the
             Irish
             gave
             sixscore
             Thousand
             pounds
             towards
             the
             Charge
             ;
             
             so
             that
             the
             Supply
             came
             out
             of
             Ireland
             ,
             though
             not
             out
             of
             the
             constant
             Revenue
             of
             Ireland
             :
             but
             it
             came
             not
             out
             of
             this
             Kingdom
             .
          
           
             He
             further
             answered
             ,
             the
             Constant
             Revenue
             did
             not
             do
             it
             ,
             There
             was
             
             a
             Contribution
             by
             Loan
             from
             the
             Country
             ,
             to
             supply
             it
             ;
             but
             before
             my
             Lord
             of
             Faulkland
             went
             over
             ,
             I
             heard
             my
             Lord
             of
             Middlesex
             tell
             him
             ,
             They
             must
             look
             for
             no
             more
             money
             ,
             England
             had
             nourished
             Ireland
             long
             enough
             ,
             she
             must
             now
             live
             upon
             her
             own
             Milk.
             
          
           
             The
             reason
             why
             money
             did
             not
             go
             out
             ,
             was
             because
             120000
             l.
             was
             supplyed
             
             by
             a
             Contribution
             ;
             notwithstanding
             which
             ,
             when
             he
             came
             to
             serve
             the
             King
             in
             that
             Kingdom
             ,
             the
             Crown
             was
             indebted
             very
             near
             100000
             l.
             Sterling
             .
          
           
             He
             hath
             received
             300000
             l.
             for
             Subsidies
             .
             
          
           
             It
             will
             Appear
             on
             Accompts
             ,
             to
             be
             bestowed
             faithfully
             and
             justly
             every
             
             penny
             ,
             for
             the
             King.
             
          
           
             To
             the
             point
             of
             my
             Lord
             of
             Straffords
             taking
             of
             24000
             l.
             of
             the
             Kings
             money
             ,
             and
             disposing
             it
             for
             a
             year
             and
             a
             half
             ,
             notwithstanding
             His
             Majesties
             Wants
             ,
             and
             the
             Necessities
             of
             the
             Army
             .
          
           
             Sir
             
               Adam
               Loftus
            
             Vice-Treasurer
             ,
             produced
             and
             Sworn
             ,
             was
             interrogated
             ,
             whether
             my
             Lord
             of
             Strafford
             had
             not
             24000
             l.
             out
             of
             the
             Kings
             Revenue
             ?
             and
             how
             long
             time
             ?
             and
             when
             was
             it
             paid
             in
             ?
          
           
             He
             answered
             ,
             My
             Lord
             of
             Strafford
             and
             Sir
             
               George
               Ratcliffe
            
             ,
             had
             never
             
             a
             penny
             out
             of
             the
             Exchequer
             ,
             but
             on
             such
             Warrants
             as
             I
             durst
             not
             deny
             them
             ,
             for
             their
             due
             Entertainment
             ,
             and
             other
             things
             importing
             His
             Majesties
             Service
             .
             But
             I
             must
             confess
             ,
             that
             they
             being
             Partners
             in
             the
             Customs
             ,
             some
             moneys
             were
             to
             be
             paid
             for
             the
             profits
             of
             the
             Customs
             which
             were
             in
             arrear
             ;
             and
             Sir
             
               George
               Ratcliffe
            
             moved
             me
             to
             give
             discharges
             for
             it
             ,
             and
             he
             would
             give
             me
             my
             Lord
             Lieutenants
             Bond
             ,
             and
             his
             own
             ,
             for
             paying
             of
             it
             upon
             demand
             ;
             which
             I
             accepted
             of
             ,
             and
             accordingly
             did
             give
             those
             discharges
             .
          
           
             Whence
             observe
             ,
             discharges
             are
             money
             ;
             for
             so
             much
             money
             should
             have
             
             been
             paid
             in
             ,
             and
             if
             it
             be
             intercepted
             ,
             the
             King
             wants
             His
             money
             .
          
           
             Being
             asked
             what
             was
             the
             sum
             ;
             and
             how
             long
             was
             it
             kept
             :
          
           
             He
             answered
             ,
             The
             sum
             ,
             as
             I
             take
             it
             ,
             was
             19000
             l.
             on
             one
             Bond
             ,
             and
             
             5000
             l.
             on
             another
             ;
             and
             as
             I
             take
             it
             ,
             it
             was
             in
             the
             year
             ,
             1638.
             
          
           
             Being
             asked
             again
             ,
             how
             long
             it
             was
             kept
             :
          
           
             He
             answered
             ,
             It
             was
             paid
             lately
             ;
             within
             these
             three
             months
             .
          
           
             Whence
             observe
             ,
             it
             was
             since
             the
             questioning
             of
             him
             in
             Parliament
             .
             The
             
             Parliament
             proves
             a
             good
             Officer
             for
             the
             King
             there
             .
          
           
           
             I
             shall
             reserve
             my self
             to
             give
             full
             satisfaction
             to
             this
             in
             its
             proper
             time
             ,
             
             it
             being
             part
             of
             my
             Charge
             ;
             But
             at
             present
             I
             desire
             Sir
             
               Adam
               Loftus
            
             may
             be
             ask'd
             the
             question
             ,
             Whether
             when
             I
             came
             into
             that
             Kingdom
             ,
             the
             constant
             Revenue
             fell
             not
             short
             of
             the
             constant
             Charge
             ,
             at
             least
             20000
             l.
             a
             year
             .
          
           
             We
             except
             against
             Interlocutory
             discourses
             ;
             and
             having
             now
             concluded
             this
             part
             of
             the
             Charge
             ,
             we
             desire
             ,
             that
             if
             my
             Lord
             of
             Strafford
             would
             
             say
             any
             thing
             in
             answer
             to
             what
             hath
             been
             now
             said
             ,
             he
             might
             say
             it
             presently
             ,
             else
             we
             should
             be
             on
             great
             disadvantages
             .
          
           
             
               My
               Lords
            
             ,
             I
             conceive
             the
             Proposition
             to
             be
             fair
             ;
             and
             it
             is
             that
             which
             I
             desire
             ,
             my
             memory
             being
             weak
             ,
             and
             not
             versed
             in
             these
             kinds
             of
             Proceedings
             :
             
             I
             intended
             to
             have
             made
             it
             my
             humble
             suit
             for
             longer
             time
             to
             Answer
             to
             this
             days
             Proceedings
             ,
             but
             shall
             readily
             Answer
             every
             particular
             Article
             in
             order
             as
             they
             go
             along
             ;
             and
             shall
             obey
             and
             observe
             the
             Order
             proposed
             .
             But
             as
             to
             these
             things
             which
             I
             did
             not
             expect
             ,
             as
             the
             Remonstrances
             ,
             and
             other
             Matters
             opened
             ,
             being
             not
             in
             this
             particular
             Charge
             ,
             I
             humbly
             crave
             Your
             Lordships
             leave
             and
             liberty
             ,
             to
             recollect
             my self
             ,
             and
             then
             I
             will
             give
             them
             the
             best
             Answer
             I
             can
             .
             For
             to
             Answer
             them
             suddenly
             I
             confess
             I
             am
             not
             so
             well
             fitted
             ,
             as
             I
             trust
             I
             shall
             be
             .
          
           
             And
             I
             desire
             leave
             to
             say
             in
             the
             presence
             of
             Almighty
             God
             ,
             That
             I
             shall
             desire
             to
             be
             delivered
             from
             the
             Afflictions
             that
             God
             Almighty
             hath
             laid
             on
             me
             for
             my
             sins
             ,
             no
             other
             way
             than
             as
             in
             the
             Intention
             of
             my
             heart
             ,
             and
             Endeavour
             of
             my
             mind
             ,
             I
             have
             been
             most
             faithful
             and
             true
             to
             His
             Majesty
             and
             the
             Common-wealth
             ;
             and
             I
             well
             trust
             and
             hope
             ,
             that
             by
             the
             time
             all
             these
             things
             come
             to
             conclusion
             ,
             and
             have
             been
             fully
             heard
             ,
             I
             shall
             recover
             in
             great
             measure
             ,
             the
             favour
             and
             good
             Opinion
             of
             the
             Honourable
             House
             of
             Commons
             ;
             in
             which
             House
             ,
             I
             have
             spent
             a
             great
             part
             of
             my
             time
             :
             And
             I
             doubt
             not
             but
             it
             is
             known
             to
             divers
             that
             sit
             here
             ,
             what
             my
             Carriage
             and
             Behaviour
             hath
             been
             there
             .
             And
             I
             desire
             no
             more
             ,
             (
             and
             I
             am
             sure
             it
             will
             be
             granted
             ,
             they
             are
             so
             just
             and
             good
             )
             but
             that
             they
             will
             reserve
             towards
             me
             ,
             an
             Opinion
             of
             Charity
             ,
             that
             I
             give
             such
             an
             Account
             ,
             as
             may
             preserve
             me
             to
             be
             the
             same
             in
             their
             Opinion
             ,
             that
             I
             was
             formerly
             .
             I
             was
             never
             yet
             Impeached
             in
             my
             private
             Conversation
             ,
             of
             untruth
             ,
             and
             hope
             they
             will
             think
             of
             me
             charitably
             ,
             till
             they
             have
             heard
             the
             whole
             business
             ;
             and
             I
             doubt
             not
             but
             I
             shall
             take
             off
             ,
             in
             great
             part
             ,
             their
             hard
             Opinion
             ,
             and
             procure
             to
             my self
             ,
             their
             Compassion
             and
             Favour
             ;
             and
             that
             I
             shall
             go
             in
             peace
             and
             quietness
             to
             my
             Grave
             ,
             leaving
             all
             publick
             Employments
             whatsoever
             .
             And
             I
             humbly
             beseech
             the
             House
             of
             Commons
             ,
             to
             incline
             a
             gracious
             Opinion
             to
             me
             ,
             so
             far
             forth
             ,
             that
             I
             am
             the
             same
             man
             in
             Opinion
             ,
             that
             I
             was
             when
             I
             was
             one
             of
             them
             ;
             and
             I
             doubt
             not
             but
             this
             ,
             out
             of
             their
             Nobleness
             and
             Goodness
             ,
             they
             will
             afford
             me
             .
          
           
             But
             for
             these
             particulars
             ,
             I
             humbly
             crave
             ,
             that
             with
             Your
             Lordships
             good
             leave
             ,
             I
             may
             have
             a
             little
             time
             with
             my self
             to
             consider
             them
             ,
             because
             they
             be
             new
             ;
             and
             for
             the
             rest
             ,
             I
             shall
             obey
             Your
             Lordships
             Order
             ,
             and
             give
             them
             thanks
             .
          
           
             No
             Exception
             is
             taken
             ,
             but
             to
             what
             is
             affirmed
             in
             his
             own
             Answer
             ;
             and
             the
             Commons
             will
             think
             it
             another
             mans
             Answer
             ,
             and
             not
             his
             own
             ,
             if
             he
             
             be
             not
             ready
             to
             make
             good
             the
             Truth
             of
             it
             .
             These
             things
             should
             not
             be
             new
             ;
             for
             every
             man
             should
             be
             ready
             to
             maintain
             his
             own
             Assertions
             .
          
           
           
             I
             am
             
               (
               My
               Lords
            
             )
             in
             an
             unknown
             way
             ,
             being
             not
             versed
             in
             these
             things
             ;
             
             if
             I
             might
             have
             had
             the
             Assistance
             of
             Council
             ,
             it
             would
             have
             been
             a
             great
             ease
             to
             me
             :
             but
             it
             is
             not
             possible
             for
             me
             to
             recollect
             all
             which
             the
             Worthy
             Gentleman
             hath
             said
             so
             materially
             ,
             and
             with
             so
             much
             weight
             .
             Matters
             of
             Fact
             I
             could
             answer
             to
             ,
             Article
             by
             Article
             ;
             but
             to
             answer
             presently
             so
             great
             and
             tedious
             a
             discourse
             ,
             so
             well
             delivered
             ,
             and
             so
             weighty
             ,
             I
             profess
             I
             am
             not
             able
             ;
             my
             Memory
             being
             not
             able
             to
             carry
             it
             .
             But
             if
             Your
             Lordships
             would
             please
             ,
             out
             of
             Your
             Nobleness
             and
             Goodness
             ,
             to
             give
             me
             Respite
             to
             recollect
             my self
             to
             these
             things
             that
             be
             Generalities
             ,
             I
             should
             be
             able
             to
             give
             a
             good
             Accompt
             thereof
             ,
             protesting
             seriously
             ,
             That
             I
             think
             every
             part
             of
             the
             Preamble
             to
             be
             very
             Just
             and
             True
             ;
             and
             I
             hope
             ,
             under
             favour
             ,
             to
             make
             it
             appear
             so
             ,
             when
             I
             shall
             shew
             those
             things
             which
             have
             not
             yet
             been
             so
             fully
             informed
             and
             known
             ,
             as
             I
             trust
             they
             may
             be
             hereafter
             .
          
           
             
               My
               Lords
            
             ,
             We
             humbly
             desire
             ,
             that
             since
             my
             Lord
             of
             Strafford
             is
             not
             
             ready
             to
             give
             Satisfaction
             to
             what
             hath
             been
             disproved
             in
             his
             Answer
             ,
             we
             may
             proceed
             to
             that
             which
             he
             is
             ready
             to
             give
             Answer
             and
             Satisfaction
             to
             ;
             and
             that
             my
             Lord
             of
             Strafford
             might
             understand
             ,
             That
             if
             he
             Answers
             not
             now
             what
             hath
             been
             said
             concerning
             the
             Preamble
             ,
             he
             must
             have
             no
             time
             to
             Answer
             it
             hereafter
             .
          
           
             I
             Appeal
             to
             Your
             Lordships
             ;
             and
             I
             renew
             my
             Request
             ,
             That
             I
             may
             for
             
             these
             ,
             have
             time
             to
             recollect
             my
             Thoughts
             till
             next
             day
             :
             If
             it
             may
             not
             be
             granted
             ,
             I
             beseech
             Your
             Lordships
             to
             bear
             with
             many
             of
             my
             Infirmities
             ,
             being
             very
             great
             ,
             both
             in
             Body
             and
             Mind
             ;
             and
             to
             consider
             ,
             That
             my
             sad
             Condition
             doth
             some
             way
             plead
             for
             a
             little
             Compassion
             and
             Favour
             ,
             I
             being
             in
             a
             way
             I
             was
             never
             in
             before
             ,
             and
             having
             not
             the
             great
             Parts
             that
             others
             have
             .
             Yet
             rather
             than
             I
             should
             be
             thought
             to
             Abuse
             Your
             Lordships
             with
             Untruths
             ,
             I
             will
             do
             the
             best
             I
             can
             to
             maintain
             my
             Answer
             presently
             ;
             being
             confident
             ,
             through
             the
             Blessing
             of
             Almighty
             God
             ,
             that
             though
             the
             particulars
             thereof
             are
             delivered
             with
             a
             great
             deal
             of
             Weakness
             and
             Disadvantage
             ,
             yet
             Your
             Lordships
             shall
             find
             them
             Truths
             ,
             my
             own
             Heart
             (
             I
             protest
             before
             God
             )
             telling
             me
             so
             ;
             and
             hope
             that
             God
             will
             give
             me
             Help
             and
             Assistance
             to
             make
             it
             appear
             so
             :
             And
             other
             than
             that
             I
             desire
             not
             to
             be
             ;
             for
             if
             I
             were
             the
             man
             I
             am
             represented
             ,
             I
             were
             not
             worthy
             to
             live
             :
             I
             confess
             ,
             the
             Honourable
             House
             of
             Commons
             have
             proceeded
             against
             me
             with
             all
             Reason
             and
             Justice
             that
             can
             be
             ;
             being
             informed
             as
             they
             were
             ,
             they
             could
             do
             no
             less
             ;
             if
             they
             had
             done
             less
             ,
             they
             had
             not
             performed
             their
             Trust
             with
             that
             fulness
             they
             should
             ;
             and
             therefore
             I
             find
             no
             fault
             with
             them
             .
             But
             I
             beg
             leave
             to
             express
             a
             Truth
             as
             well
             as
             God
             shall
             enable
             me
             ;
             hoping
             it
             will
             appear
             ,
             that
             all
             I
             have
             said
             is
             true
             ,
             as
             all
             is
             true
             to
             my
             knowledge
             .
             And
             I
             know
             it
             is
             in
             the
             Heart
             of
             every
             man
             that
             hears
             me
             ,
             That
             I
             should
             have
             time
             to
             clear
             a
             Truth
             ;
             no
             man
             can
             deny
             it
             :
             And
             therefore
             I
             humbly
             pray
             ,
             I
             may
             not
             be
             suddenly
             taken
             ,
             protesting
             seriously
             ,
             I
             have
             said
             nothing
             but
             what
             I
             knew
             ,
             or
             verily
             believed
             to
             be
             true
             .
          
           
             We
             pray
             Your
             Lordships
             Resolution
             in
             this
             point
             ,
             before
             we
             proceed
             
             any
             further
             .
          
           
             Their
             Lordships
             thereupon
             Adjourned
             to
             the
             Upper-House
             ;
             and
             about
             half
             an
             hour
             after
             ,
             returned
             .
          
           
           
             I
             am
             commanded
             to
             impart
             their
             Lordships
             Resolution
             ,
             That
             since
             the
             
             Commons
             do
             not
             press
             these
             things
             as
             matters
             of
             Crime
             ,
             but
             rather
             upon
             the
             matter
             of
             Truth
             ,
             they
             conceive
             my
             Lord
             of
             Strafford
             need
             not
             further
             time
             for
             these
             particulars
             .
             And
             that
             if
             his
             Lordship
             will
             make
             any
             Answer
             to
             these
             particulars
             ,
             he
             is
             to
             do
             it
             now
             .
          
           
             I
             shall
             never
             do
             other
             than
             readily
             obey
             whatsoever
             Your
             Lordships
             
             should
             please
             to
             command
             me
             ,
             my
             heart
             paying
             you
             Obedience
             ;
             and
             so
             in
             truth
             shall
             every
             thing
             that
             proceeds
             from
             me
             .
             The
             question
             (
             I
             observe
             )
             is
             matter
             of
             Truth
             ,
             or
             not
             Truth
             ,
             in
             the
             Preamble
             (
             as
             they
             call
             it
             )
             of
             this
             my
             Answer
             ;
             and
             to
             that
             ,
             with
             all
             the
             Humility
             and
             Modesty
             in
             the
             World
             ,
             I
             will
             apply
             my self
             ,
             as
             not
             conceiving
             it
             any
             way
             becoming
             me
             to
             speak
             any
             thing
             of
             Sharpness
             in
             any
             kind
             ,
             but
             with
             all
             Humility
             and
             Reverence
             to
             bear
             all
             these
             Afflictions
             ,
             with
             acknowledgment
             unto
             Almighty
             God
             ,
             and
             to
             lay
             them
             so
             to
             my
             heart
             ,
             that
             they
             may
             provide
             for
             me
             in
             another
             World
             ,
             where
             we
             are
             to
             expect
             the
             Consummation
             of
             all
             Blessedness
             and
             Happiness
             .
             And
             therefore
             to
             lay
             aside
             all
             these
             Aggravations
             by
             words
             ,
             wherewith
             I
             have
             been
             set
             forth
             to
             Your
             Lordships
             (
             only
             with
             this
             )
             that
             I
             trust
             I
             shall
             make
             my self
             appear
             a
             person
             otherwise
             in
             my
             Dispositions
             and
             Actions
             ,
             than
             I
             have
             been
             rendred
             ;
             and
             shortly
             and
             briefly
             ,
             I
             shall
             fall
             upon
             the
             very
             points
             ,
             as
             near
             as
             I
             can
             ,
             that
             were
             mentioned
             by
             that
             Noble
             Gentleman
             ;
             and
             if
             I
             should
             forget
             any
             ,
             I
             desire
             to
             be
             remembred
             of
             them
             ,
             that
             I
             may
             give
             the
             best
             Answer
             I
             can
             on
             a
             suddain
             ;
             with
             this
             Protestation
             ,
             That
             if
             I
             had
             had
             time
             ,
             I
             should
             have
             given
             a
             far
             clearer
             Answer
             ,
             than
             on
             the
             sudden
             I
             shall
             be
             able
             to
             do
             .
          
           
             I
             will
             take
             them
             as
             they
             lye
             in
             Order
             :
             And
             the
             first
             thing
             in
             this
             Answer
             is
             ,
             That
             in
             Ireland
             ,
             by
             my
             means
             ,
             many
             good
             Laws
             were
             made
             for
             increase
             of
             the
             Kings
             Revenue
             ,
             and
             for
             good
             of
             the
             Church
             and
             Common-wealth
             ;
             and
             this
             I
             humbly
             conceive
             ,
             was
             not
             denied
             directly
             ,
             only
             it
             was
             inferr'd
             ,
             That
             Laws
             were
             of
             no
             use
             where
             Will
             was
             put
             above
             Law.
             
          
           
             That
             these
             Laws
             were
             made
             ,
             the
             Acts
             of
             Parliament
             that
             are
             extant
             ,
             and
             visible
             things
             ,
             do
             make
             appear
             ;
             For
             (
             though
             I
             might
             express
             it
             darkly
             ,
             by
             reason
             I
             understood
             not
             matters
             of
             Law
             )
             the
             truth
             of
             it
             is
             ,
             before
             such
             time
             as
             I
             came
             there
             ,
             the
             Statutes
             of
             Wills
             and
             Uses
             ,
             and
             Fraudulent
             Conveyances
             ,
             were
             not
             of
             force
             in
             Ireland
             ;
             by
             which
             there
             was
             a
             very
             great
             mischief
             that
             fell
             many
             ways
             ,
             both
             on
             the
             King
             ,
             and
             specially
             on
             the
             English
             Planters
             :
             For
             by
             want
             of
             these
             Statutes
             ,
             no
             man
             knew
             when
             he
             had
             a
             good
             title
             ;
             and
             old
             Entayles
             would
             be
             set
             on
             foot
             ,
             and
             by
             that
             means
             the
             later
             Purchaser
             avoided
             ;
             by
             which
             means
             there
             was
             a
             great
             loss
             and
             prejudice
             to
             the
             King
             in
             his
             Wards
             ;
             which
             by
             these
             Laws
             are
             setled
             ,
             and
             the
             Laws
             of
             Ireland
             brought
             much
             nearer
             the
             Laws
             of
             England
             than
             before
             .
             And
             in
             this
             point
             I
             conceive
             I
             am
             not
             absolutely
             gainsayed
             ,
             but
             only
             conditionally
             ,
             that
             is
             ,
             that
             notwithstanding
             this
             ,
             I
             have
             set
             up
             another
             Government
             ,
             Arbitrary
             ,
             and
             Tyrannical
             .
             To
             which
             ,
             I
             shall
             not
             now
             trouble
             Your
             Lordships
             with
             an
             Answer
             ,
             that
             being
             in
             the
             particulars
             of
             my
             Charge
             .
             And
             thus
             I
             think
             the
             first
             to
             be
             fairly
             and
             clearly
             Answered
             .
          
           
             Then
             ,
             that
             there
             were
             more
             Parliaments
             in
             the
             time
             of
             my
             Government
             ,
             than
             in
             50
             years
             before
             .
             There
             were
             two
             in
             my
             time
             ;
             and
             if
             I
             might
             call
             Witnesses
             ,
             it
             would
             appear
             ,
             that
             there
             were
             not
             so
             many
             within
             that
             time
             
             before
             ;
             but
             being
             not
             material
             to
             my
             Defence
             or
             Condemnation
             ,
             I
             will
             not
             trouble
             Your
             Lordships
             with
             proof
             ,
             unless
             you
             will
             require
             it
             ;
             I
             having
             them
             here
             ,
             that
             I
             think
             can
             make
             it
             good
             .
             And
             whereas
             in
             my
             Answer
             I
             deny
             that
             I
             ever
             had
             hand
             in
             any
             Project
             or
             Monopoly
             ;
             and
             that
             I
             did
             prevent
             divers
             ,
             that
             otherwise
             would
             have
             passed
             :
             I
             said
             that
             ,
             under
             favour
             ,
             with
             all
             duty
             and
             confidence
             ;
             I
             must
             still
             affirm
             it
             ,
             That
             I
             never
             had
             hand
             or
             share
             in
             any
             manner
             of
             Monopoly
             or
             Project
             whatsoever
             ,
             unless
             the
             Tobacco-business
             were
             a
             Monopoly
             ,
             which
             ,
             under
             favour
             ,
             I
             shall
             clear
             not
             to
             be
             ;
             but
             that
             being
             part
             of
             my
             Charge
             ,
             I
             think
             it
             impertinent
             now
             to
             give
             Answer
             unto
             it
             ;
             but
             will
             satisfie
             Your
             Lordships
             in
             that
             behalf
             ,
             in
             proper
             time
             and
             place
             :
             But
             more
             than
             that
             of
             Tobacco
             ,
             I
             say
             absolutely
             and
             directly
             ,
             I
             never
             had
             my
             hand
             or
             share
             in
             any
             Monopoly
             or
             Project
             ;
             nay
             ,
             I
             did
             ,
             as
             murh
             as
             I
             could
             ,
             Oppose
             all
             of
             them
             ,
             particularly
             the
             Monopoly
             of
             Iron-Pots
             ;
             for
             which
             ,
             I
             reserve
             my self
             to
             Answer
             as
             part
             of
             my
             Charge
             :
             And
             a
             new
             Book
             of
             Rates
             ,
             whereby
             it
             was
             proposed
             ,
             That
             the
             Rates
             of
             the
             Kings
             Customs
             might
             be
             increased
             .
             And
             this
             I
             did
             Oppose
             and
             Disavow
             ,
             albeit
             I
             was
             a
             sharer
             in
             the
             Farm
             ,
             and
             consequently
             should
             have
             had
             the
             Benefit
             and
             Advantage
             of
             it
             for
             my
             proportion
             ;
             and
             by
             the
             Kings
             gracious
             Goodness
             (
             when
             His
             Majesty
             came
             to
             be
             more
             fully
             and
             clearly
             informed
             of
             it
             )
             it
             was
             stopped
             ,
             and
             never
             went
             on
             :
             And
             this
             I
             will
             make
             appear
             in
             that
             point
             of
             the
             Articles
             that
             concern
             the
             Customs
             .
          
           
             The
             Fourth
             is
             ,
             That
             I
             have
             not
             had
             any
             greater
             Power
             ,
             or
             larger
             Commission
             ,
             than
             my
             Predecessors
             in
             that
             Government
             have
             had
             ;
             which
             I
             conceive
             ,
             under
             favour
             ,
             is
             not
             controverted
             ,
             but
             granted
             ,
             and
             therefore
             stands
             good
             to
             me
             ;
             or
             if
             it
             were
             controverted
             ,
             I
             am
             able
             to
             make
             it
             appear
             ,
             that
             I
             have
             brought
             in
             nothing
             more
             than
             was
             formerly
             accustomed
             in
             the
             point
             of
             the
             Deputies-Commission
             .
          
           
             The
             next
             thing
             in
             my
             Answer
             is
             ,
             That
             the
             Revenue
             of
             Ireland
             was
             never
             able
             to
             Support
             it self
             before
             my
             coming
             thither
             ;
             and
             that
             I
             say
             still
             ,
             with
             all
             Humility
             and
             Duty
             ,
             is
             most
             true
             :
             And
             I
             trust
             to
             make
             it
             apparently
             true
             presently
             ,
             if
             Your
             Lordships
             will
             give
             me
             leave
             to
             call
             for
             ,
             and
             examine
             my
             Witnesses
             .
             It
             being
             the
             Proofs
             Your
             Lordships
             will
             look
             to
             ,
             and
             not
             to
             what
             was
             only
             alledged
             by
             that
             Worthy
             Gentleman
             :
             And
             further
             than
             Your
             Lordships
             shall
             find
             proved
             ,
             I
             desire
             not
             to
             be
             believed
             .
          
           
             The
             proof
             offered
             against
             me
             ,
             is
             by
             Sir
             
               Edward
               Warder
            
             ,
             and
             Sir
             
               Robert
               Pye
            
             ,
             who
             testified
             ,
             That
             from
             the
             year
             1621.
             nothing
             went
             out
             of
             the
             Kings
             Exchequer
             to
             supply
             the
             Irish
             Affairs
             ,
             saving
             only
             for
             the
             Maritime
             occasions
             .
             And
             this
             I
             believe
             to
             be
             true
             ;
             for
             they
             be
             Gentlemen
             of
             Credit
             that
             speak
             it
             :
             and
             I
             will
             believe
             them
             on
             their
             Words
             ,
             much
             more
             on
             their
             Oathes
             .
          
           
             But
             (
             under
             favour
             )
             there
             was
             for
             eight
             years
             together
             before
             my
             coming
             ,
             a
             Contribution
             of
             20000
             l.
             a
             year
             paid
             by
             the
             Country
             ;
             which
             was
             no
             part
             of
             the
             Kings
             Revenue
             ,
             nor
             as
             I
             conceive
             ,
             ever
             came
             into
             Accompt
             ,
             nor
             was
             paid
             into
             the
             Exchequer
             ,
             as
             will
             appear
             on
             the
             Fifteenth
             Article
             ;
             but
             was
             a
             Gift
             of
             the
             Country
             ,
             and
             applyed
             to
             the
             Kings
             Occasions
             :
             and
             that
             determined
             ,
             the
             Revenue
             fell
             short
             20000
             l.
             of
             the
             Charge
             .
          
           
             Besides
             ,
             when
             I
             came
             into
             Ireland
             ,
             the
             Crown
             was
             extreamly
             indebted
             ,
             above
             (
             as
             I
             think
             (
             not
             to
             stand
             on
             particular
             sums
             and
             pence
             )
             100000
             l.
             Sterling
             .
             And
             by
             the
             Gentleman
             's
             own
             saying
             ,
             when
             I
             came
             out
             of
             Ireland
             ,
             
             I
             left
             100000
             l.
             in
             the
             Kings
             Coffers
             :
             And
             if
             any
             ask
             where
             the
             Accompt
             for
             the
             Subsidies
             is
             ,
             There
             is
             100000
             l.
             Debt
             paid
             ,
             100000
             l.
             left
             in
             the
             Kings
             Coffers
             ;
             (
             For
             it
             appears
             by
             Sir
             
               Adam
               Loftus
            
             ,
             that
             there
             was
             100000
             l.
             in
             the
             Exchequer
             when
             I
             came
             from
             thence
             )
             There
             was
             15000
             l.
             employed
             for
             buying
             Land
             ,
             that
             yields
             the
             King
             2000
             l.
             a
             year
             .
             And
             so
             much
             of
             my
             Lord
             of
             Ormond
             ,
             as
             yields
             2500
             l.
             a
             year
             :
             So
             that
             the
             Accompts
             will
             shew
             the
             bestowing
             of
             the
             Subsidies
             ,
             with
             as
             much
             Advantage
             as
             might
             be
             ,
             for
             the
             Kings
             Service
             .
             That
             the
             Revenue
             was
             short
             ,
             I
             could
             make
             appear
             clearly
             .
             The
             occasion
             that
             no
             money
             came
             out
             of
             the
             Exchequer
             ,
             was
             accidental
             ,
             by
             a
             Contribution
             of
             the
             Country
             ,
             no
             Revenue
             of
             the
             Kings
             .
             And
             if
             that
             had
             not
             been
             supplyed
             ,
             there
             had
             been
             no
             possibility
             of
             defraying
             the
             Ordinary
             Charges
             of
             the
             Crown
             out
             of
             the
             Revenue
             ;
             and
             that
             is
             the
             point
             wherein
             I
             differ
             from
             the
             Gentleman
             ,
             his
             meaning
             being
             ,
             That
             the
             ordinary
             Revenue
             of
             the
             Kingdom
             could
             not
             bear
             the
             ordinary
             Charge
             of
             the
             Kingdom
             .
             And
             I
             desire
             that
             Sir
             
               Adam
               Loftus
            
             and
             Sir
             
               Robert
               Dillom
            
             ,
             may
             be
             examined
             upon
             such
             questions
             as
             shall
             be
             propounded
             in
             this
             point
             .
          
           
             Your
             Lordship
             may
             examine
             them
             ,
             but
             not
             upon
             Oath
             .
             
          
           
             I
             will
             not
             displease
             ,
             but
             perfectly
             obey
             in
             every
             thing
             .
             
          
           
             It
             will
             not
             be
             denied
             ,
             but
             the
             Revenue
             is
             increased
             by
             such
             means
             as
             my
             
             Lord
             of
             Strafford
             hath
             increased
             it
             by
             ;
             yet
             it
             was
             not
             the
             natural
             Revenue
             ,
             but
             the
             additional
             part
             ,
             that
             came
             in
             by
             the
             Bounty
             of
             the
             Country
             ,
             that
             supported
             the
             Charge
             many
             years
             before
             my
             Lord
             of
             Strafford
             came
             :
             So
             that
             if
             it
             be
             said
             Ireland
             supported
             not
             it self
             before
             he
             came
             thither
             ,
             in
             the
             general
             sense
             it
             is
             untrue
             ;
             if
             it
             be
             said
             in
             a
             special
             sense
             ,
             that
             the
             Kings
             proper
             Revenue
             did
             not
             support
             it
             ,
             that
             his
             Lordship
             says
             is
             true
             .
          
           
             Whence
             I
             infer
             ,
             that
             it
             was
             not
             much
             material
             to
             insist
             on
             this
             ,
             for
             I
             meant
             
             it
             so
             ;
             and
             it
             is
             plain
             and
             clear
             ,
             that
             the
             Kings
             Revenue
             there
             was
             not
             able
             to
             bear
             the
             Charge
             of
             that
             Kingdom
             ,
             by
             very
             near
             23000
             l.
             or
             24000
             l.
             a
             year
             :
             And
             it
             is
             now
             able
             to
             bear
             its
             own
             Charges
             ,
             and
             yet
             there
             is
             an
             increase
             of
             Charge
             by
             600
             Horse
             ;
             by
             which
             ,
             the
             Army
             is
             stronger
             than
             it
             was
             .
          
           
             And
             whereas
             it
             is
             said
             ,
             I
             was
             short
             in
             the
             Shipping
             ;
             I
             affirm
             ,
             that
             under
             favour
             ,
             I
             was
             not
             .
             It
             is
             true
             ,
             that
             in
             the
             time
             of
             the
             late
             Justices
             ,
             my
             Lord
             of
             Corke
             ,
             and
             my
             Lord
             Loftus
             ,
             the
             last
             years
             Charge
             of
             the
             Shipping
             was
             paid
             forth
             of
             Ireland
             :
             But
             it
             is
             as
             true
             ,
             that
             when
             the
             Kingdom
             underwent
             the
             Charge
             ,
             they
             lessened
             the
             Charge
             of
             the
             Kings
             Army
             ,
             by
             striking
             500
             off
             from
             the
             Army
             ;
             and
             transferred
             the
             Charge
             of
             their
             pay
             ,
             to
             the
             easing
             of
             the
             Kings
             Revenue
             on
             the
             Navy
             .
             But
             that
             Charge
             being
             now
             increased
             again
             ,
             and
             brought
             to
             the
             former
             certainty
             ,
             I
             conceive
             I
             might
             truly
             say
             ,
             There
             was
             in
             my
             time
             an
             ease
             to
             the
             Crown
             of
             England
             ,
             (
             all
             things
             considered
             )
             which
             formerly
             it
             had
             not
             :
             It
             being
             not
             with
             the
             prejudice
             of
             the
             Kings
             Service
             elsewhere
             ,
             or
             lessening
             the
             standing
             Army
             ,
             which
             in
             all
             times
             hath
             been
             the
             strongest
             support
             of
             the
             Kings
             Justice
             ,
             and
             Ministers
             there
             ;
             and
             which
             it
             deeply
             concerns
             the
             Crown
             of
             England
             ,
             to
             keep
             in
             such
             a
             Condition
             ,
             that
             they
             may
             be
             responsible
             to
             the
             King
             for
             the
             Services
             he
             shall
             Command
             :
             So
             that
             though
             the
             Shipping
             Charge
             was
             paid
             the
             last
             year
             ,
             yet
             so
             paid
             ,
             that
             the
             Kings
             Army
             was
             weakened
             500
             
             Foot
             ;
             whereas
             now
             it
             is
             paid
             ,
             and
             the
             Kings
             Army
             raised
             to
             a
             certainty
             again
             ;
             and
             a
             Change
             is
             made
             to
             the
             better
             ;
             for
             instead
             of
             500
             Foot
             ,
             there
             is
             600
             Horse
             .
             And
             that
             I
             say
             ,
             my
             Lord
             of
             Corke
             remembers
             very
             well
             ,
             there
             being
             Letters
             of
             his
             ,
             That
             Sir
             
               Pierce
               Crosby
            
             his
             Regiment
             ,
             should
             be
             put
             off
             ,
             and
             the
             money
             for
             maintenance
             thereof
             ,
             should
             go
             to
             defray
             the
             Charge
             of
             the
             Kings
             Ships
             ,
             for
             guard
             of
             the
             Coast.
             
          
           
             And
             yet
             the
             Charge
             is
             much
             more
             now
             than
             it
             was
             ;
             for
             the
             Charge
             was
             then
             only
             two
             Whelpes
             ,
             as
             my
             Lord
             Mountnorris
             said
             :
             And
             now
             there
             be
             three
             Ships
             ,
             The
             Swallow
             ,
             a
             Ship
             of
             the
             Third
             Rank
             ,
             and
             two
             lesser
             Vessels
             ;
             so
             that
             I
             conceive
             my
             Answer
             ,
             in
             my
             sense
             ,
             was
             true
             .
          
           
             For
             the
             matter
             of
             having
             money
             out
             of
             the
             Exchequer
             ,
             I
             conceive
             my
             Answer
             to
             contain
             no
             matter
             of
             Untruth
             ;
             for
             I
             had
             out
             of
             the
             Exchequer
             only
             15000
             l.
             and
             for
             that
             the
             King
             will
             be
             answered
             2000
             l.
             a
             year
             good
             Fee-farm
             Rent
             ,
             in
             lieu
             of
             it
             ;
             which
             he
             thought
             was
             no
             ill
             bargain
             .
             It
             is
             true
             ,
             (
             I
             say
             )
             the
             money
             spoken
             of
             by
             Sir
             
               Adam
               Loftus
            
             ,
             was
             borrowed
             on
             my
             own
             ,
             and
             Sir
             
               George
               Ratcliffes
            
             Bond
             ,
             to
             be
             paid
             upon
             sight
             .
             At
             that
             time
             (
             I
             praise
             God
             )
             I
             had
             Credit
             for
             20000
             l.
             and
             at
             this
             time
             (
             I
             thank
             God
             for
             that
             too
             )
             I
             have
             not
             Credit
             for
             20
             d.
             Gods
             Will
             be
             done
             ,
             I
             obey
             it
             .
             But
             this
             money
             is
             honestly
             and
             justly
             paid
             ;
             Where
             is
             the
             Crime
             then
             ?
             might
             not
             I
             borrow
             of
             a
             Gentleman
             that
             would
             trust
             me
             with
             money
             ,
             but
             it
             must
             be
             an
             Offence
             ?
             It
             is
             true
             ,
             it
             was
             of
             the
             Kings
             money
             ;
             but
             the
             King
             had
             no
             use
             for
             it
             at
             that
             time
             .
             Had
             not
             I
             made
             use
             of
             it
             ,
             it
             must
             otherwise
             have
             lain
             in
             the
             Exchequer
             ,
             and
             yielded
             no
             profit
             ;
             and
             besides
             ,
             I
             borrowed
             it
             of
             one
             that
             was
             Accomptable
             for
             it
             .
          
           
             But
             since
             I
             am
             put
             to
             it
             ,
             I
             will
             shew
             that
             which
             will
             clear
             it
             from
             being
             a
             Crime
             indeed
             ;
             which
             according
             to
             the
             Duty
             I
             owe
             unto
             His
             Majesty
             ,
             my
             Master
             ,
             his
             Command
             hitherto
             have
             I
             kept
             private
             to
             my self
             :
             And
             that
             is
             the
             Kings
             Warrant
             ,
             being
             all
             of
             His
             own
             Hand
             writing
             .
          
           
             Sir
             
               Adam
               Loftus
            
             ,
             being
             then
             Vice-Treasurer
             ,
             and
             now
             demanded
             the
             question
             ,
             Whether
             that
             Warrant
             was
             produced
             to
             him
             at
             the
             borrowing
             of
             the
             money
             ,
             confessed
             ,
             that
             my
             Lord
             of
             Strafford
             never
             told
             him
             of
             the
             
             Warrant
             .
          
           
             The
             Warrant
             was
             read
             ,
             containing
             a
             Licence
             to
             make
             use
             of
             40000
             l.
             
             of
             His
             Majesties
             Treasure
             ,
             now
             in
             the
             hands
             of
             His
             Majesties
             Vice-Treasurer
             ,
             for
             three
             years
             ;
             Provided
             ,
             that
             for
             Security
             ,
             there
             be
             always
             left
             in
             the
             hands
             of
             the
             Comptrollers
             ,
             a
             Stock
             of
             Tobacco
             ,
             amounting
             to
             40000
             l.
             at
             the
             least
             ;
             with
             a
             direction
             to
             conceal
             this
             particular
             favour
             to
             him
             ,
             that
             it
             might
             not
             be
             brought
             into
             precedent
             .
          
           
             There
             was
             accordingly
             so
             much
             Tobacco
             left
             .
             But
             ,
             by
             what
             Law
             
             I
             know
             not
             ,
             The
             Magazines
             are
             seized
             on
             by
             Order
             from
             the
             Commons
             House
             of
             Parliament
             ,
             my
             Goods
             possessed
             ,
             and
             given
             over
             to
             others
             ,
             to
             sell
             at
             their
             own
             prices
             ;
             my
             people
             imprisoned
             ,
             as
             if
             they
             had
             been
             Traytors
             Goods
             ,
             and
             as
             if
             an
             Inquisition
             had
             been
             found
             upon
             me
             as
             a
             Traytor
             .
             And
             this
             is
             my
             Misfortune
             ,
             to
             be
             very
             hardly
             dealt
             withall
             by
             the
             Commons
             House
             there
             ,
             to
             say
             no
             more
             .
          
           
             And
             whereas
             by
             the
             Kings
             Goodness
             I
             had
             liberty
             to
             take
             40000
             l.
             I
             took
             but
             24000
             l.
             And
             where
             I
             had
             liberty
             to
             take
             it
             for
             three
             years
             ,
             (
             which
             expires
             not
             till
             Michaelmas
             next
             )
             I
             paid
             it
             in
             long
             before
             the
             time
             .
             
             And
             by
             this
             one
             particular
             I
             hope
             it
             will
             appear
             to
             Your
             Lordships
             ,
             and
             the
             Gentlemen
             of
             the
             House
             of
             Commons
             ,
             how
             Noble
             it
             will
             be
             to
             believe
             Charitably
             of
             me
             ,
             till
             they
             hear
             all
             can
             be
             said
             ;
             for
             I
             trust
             ,
             in
             the
             whole
             course
             of
             this
             Trial
             ,
             to
             appear
             an
             honest
             man.
             
          
           
             And
             whereas
             I
             said
             ,
             I
             never
             had
             but
             15000
             l.
             out
             of
             the
             Exchequer
             ,
             and
             yet
             had
             24000
             l.
             borrowed
             as
             aforesaid
             .
             The
             King
             Commanded
             me
             I
             should
             not
             take
             notice
             of
             His
             gracious
             Favour
             ;
             and
             therefore
             I
             conceive
             ,
             that
             in
             Duty
             to
             my
             Master
             I
             ought
             not
             to
             have
             taken
             notice
             of
             it
             ,
             otherwise
             my
             Answer
             should
             have
             clearly
             and
             plainly
             exprest
             it
             :
             I
             never
             having
             Disobeyed
             His
             Majesty
             ,
             nor
             ,
             by
             the
             Grace
             of
             God
             ,
             never
             will.
             
          
           
             For
             the
             7000
             l.
             for
             the
             Guard
             of
             the
             Irish
             Coast
             ,
             that
             was
             mentioned
             already
             ;
             and
             I
             shall
             not
             need
             to
             Answer
             it
             further
             .
          
           
             To
             the
             point
             of
             restoring
             the
             Possessions
             of
             the
             Church
             in
             a
             great
             measure
             ;
             I
             say
             ,
             there
             was
             not
             only
             a
             Restitution
             ,
             but
             a
             Preservation
             by
             an
             Act
             of
             Parliament
             ,
             for
             preserving
             the
             Possessions
             of
             the
             Church
             from
             being
             mis-used
             by
             the
             present
             Incumbent
             ,
             to
             the
             prejudice
             of
             the
             Successors
             ;
             which
             Act
             ,
             I
             wish
             were
             in
             England
             :
             But
             that
             I
             conceive
             not
             to
             be
             Controverted
             ,
             but
             granted
             me
             .
          
           
             But
             it
             is
             said
             ,
             The
             Possessions
             of
             the
             Church
             were
             restored
             in
             an
             Illegal
             way
             ,
             to
             please
             my
             Lord
             of
             Canterbury
             :
             To
             which
             I
             Answer
             ,
             The
             Gentleman
             indeed
             spake
             it
             ,
             but
             there
             is
             no
             proof
             of
             it
             ,
             neither
             hath
             he
             offered
             any
             proof
             ;
             and
             till
             it
             be
             proved
             ,
             I
             conceive
             it
             not
             fit
             to
             trouble
             Your
             Lordships
             with
             Answering
             it
             :
             I
             have
             done
             nothing
             in
             Church
             or
             Common-wealth
             ,
             but
             Justly
             and
             Uprightly
             .
          
           
             Albeit
             I
             conceive
             it
             a
             hard
             case
             ,
             that
             having
             the
             Honour
             to
             be
             the
             Kings
             Deputy
             sitting
             in
             Council
             ,
             where
             there
             be
             Twenty
             who
             Voted
             as
             well
             as
             my self
             ,
             That
             I
             should
             be
             noted
             to
             Answer
             for
             them
             all
             ,
             though
             I
             did
             constantly
             submit
             my self
             to
             the
             Major
             part
             .
          
           
             And
             as
             to
             my
             Lord
             of
             Canterbury
             ,
             I
             beseech
             Your
             Lordships
             to
             think
             ,
             That
             what
             I
             have
             done
             for
             the
             Church
             of
             Ireland
             ,
             was
             out
             of
             a
             faithful
             Conscience
             to
             God
             Almighty
             ,
             out
             of
             a
             desire
             to
             increase
             the
             Religion
             I
             Profess
             ,
             and
             which
             I
             will
             witness
             with
             my
             Blood
             ,
             by
             the
             Blessing
             of
             Almighty
             God
             ,
             if
             there
             should
             be
             occasion
             .
             And
             when
             I
             have
             done
             it
             with
             respect
             to
             that
             Piety
             of
             His
             Gracious
             Majesty
             ,
             which
             I
             would
             faithfully
             pay
             Him.
             I
             desire
             it
             may
             not
             be
             put
             upon
             me
             ,
             as
             done
             in
             an
             respect
             only
             to
             my
             Lord
             of
             Canterbury
             ,
             where
             no
             such
             thing
             is
             proved
             :
             No
             ,
             I
             did
             it
             out
             of
             Conscience
             ,
             my
             Duty
             to
             God
             ,
             to
             the
             King
             ,
             and
             to
             the
             People
             ,
             that
             they
             might
             be
             instructed
             in
             the
             way
             to
             Eternal
             Life
             .
             And
             I
             beseech
             Your
             Lordships
             to
             believe
             ,
             I
             have
             a
             Heart
             a
             little
             greater
             than
             to
             do
             any
             such
             thing
             to
             please
             any
             man
             living
             ,
             with
             Modesty
             be
             it
             spoken
             .
          
           
             For
             the
             Building
             of
             Churches
             ,
             I
             confess
             ,
             I
             built
             not
             any
             ;
             and
             in
             my
             Answer
             I
             said
             no
             more
             ,
             but
             that
             Churches
             were
             built
             ;
             which
             the
             Worthy
             Gentleman
             acknowledged
             in
             some
             part
             .
             I
             confess
             they
             were
             not
             Built
             by
             me
             ,
             or
             at
             my
             particular
             Charge
             ;
             nor
             do
             I
             say
             otherwise
             in
             my
             Answer
             :
             And
             it
             had
             been
             a
             vain
             thing
             to
             have
             said
             it
             ,
             though
             I
             had
             done
             it
             my self
             .
          
           
             But
             it
             is
             said
             ,
             the
             Answer
             is
             not
             right
             ,
             in
             saying
             there
             be
             divers
             Worthy
             Church-men
             preferred
             ;
             and
             three
             are
             instanced
             in
             ,
             Bishop
             Atherton
             ,
             
             the
             Bishop
             of
             D.
             and
             one
             Gwyn
             :
             To
             this
             I
             beseech
             Your
             Lordships
             ,
             that
             I
             may
             be
             bold
             to
             let
             the
             Gentlemen
             know
             ,
             That
             Bishopricks
             are
             not
             in
             the
             gift
             of
             the
             Deputy
             ,
             but
             of
             the
             King
             ;
             and
             that
             he
             is
             not
             Responsible
             for
             what
             the
             King
             doth
             .
          
           
             But
             not
             desiring
             to
             deny
             any
             thing
             that
             is
             true
             ,
             I
             confess
             ,
             I
             think
             Bishop
             Atherton
             was
             unknown
             to
             His
             Majesty
             ;
             and
             that
             I
             my self
             recommended
             him
             to
             the
             Bishoprick
             ;
             and
             at
             that
             time
             I
             thought
             the
             Bishop
             a
             Person
             fit
             for
             that
             Charge
             :
             But
             suppose
             he
             had
             a
             secret
             fault
             of
             his
             own
             ,
             (
             God
             knows
             it
             was
             unknown
             to
             me
             )
             may
             not
             a
             man
             be
             deceived
             in
             his
             Judgement
             of
             a
             man
             ,
             but
             this
             shall
             be
             turned
             against
             him
             ?
             It
             is
             a
             very
             easie
             thing
             for
             a
             man
             to
             cover
             his
             faults
             from
             the
             eye
             of
             the
             world
             ;
             I
             thought
             him
             not
             a
             vicious
             man
             ,
             he
             proved
             so
             ,
             and
             he
             had
             his
             merit
             ,
             he
             suffered
             for
             it
             :
             And
             unless
             I
             had
             the
             Inspection
             of
             Almighty
             God
             ,
             I
             suppose
             ,
             this
             cannot
             be
             laid
             to
             my
             Charge
             ;
             if
             any
             private
             End
             or
             Respect
             should
             appear
             in
             the
             doing
             of
             it
             ,
             I
             desire
             no
             more
             of
             Your
             Lordships
             Favour
             ;
             and
             I
             profess
             ,
             I
             had
             rather
             be
             out
             of
             the
             World
             ,
             than
             not
             have
             the
             Favour
             of
             Your
             Lordships
             ,
             and
             the
             Honourable
             House
             of
             Commons
             ;
             of
             whom
             I
             desire
             ,
             that
             they
             would
             hear
             me
             with
             that
             Equity
             that
             they
             hear
             every
             thing
             .
          
           
             For
             the
             Bishop
             of
             D.
             all
             that
             is
             mentioned
             against
             him
             is
             ,
             That
             he
             is
             Impeached
             of
             High
             Treason
             by
             the
             Commons
             House
             of
             Parliament
             in
             Ireland
             :
             And
             how
             the
             Bishop
             will
             acquit
             himself
             I
             know
             not
             ;
             but
             for
             that
             the
             Bishop
             must
             Answer
             for
             himself
             ,
             not
             I.
             
          
           
             This
             Bishop
             hath
             lived
             in
             my
             House
             a
             long
             time
             ,
             as
             my
             Chaplain
             ;
             and
             I
             humbly
             recommended
             him
             to
             that
             Bishoprick
             ,
             taking
             him
             (
             and
             I
             hope
             he
             will
             so
             approve
             himself
             )
             to
             be
             a
             very
             Learned
             man
             ,
             and
             that
             I
             think
             no
             body
             will
             deny
             :
             certainly
             he
             hath
             the
             Elements
             to
             make
             him
             a
             very
             Worthy
             Church-man
             as
             most
             I
             know
             .
          
           
             For
             that
             Gwyn
             ,
             I
             profess
             I
             never
             heard
             of
             him
             before
             ,
             nor
             do
             I
             know
             him
             ;
             But
             recollecting
             my
             thoughts
             ,
             I
             think
             he
             was
             recommended
             to
             me
             by
             my
             Lord
             of
             D.
             for
             in
             matters
             of
             the
             Church
             I
             did
             use
             that
             Gentleman
             ;
             and
             if
             I
             were
             to
             begin
             the
             World
             again
             ,
             I
             would
             use
             him
             still
             ,
             holding
             him
             a
             very
             honest
             Worthy
             man
             :
             And
             I
             think
             there
             was
             some
             Rectory
             or
             Impropriation
             that
             the
             Earl
             of
             Corke
             had
             possession
             of
             ,
             which
             was
             restored
             to
             the
             Church
             ;
             and
             it
             was
             of
             so
             small
             and
             trivial
             a
             value
             ,
             that
             they
             knew
             not
             who
             to
             get
             to
             serve
             the
             Cure
             ;
             and
             on
             that
             occasion
             this
             man
             was
             recommended
             to
             it
             :
             And
             I
             think
             ,
             that
             if
             it
             shall
             come
             to
             be
             examined
             ,
             Thirty
             pounds
             a
             year
             will
             go
             far
             in
             his
             preferment
             .
             And
             if
             such
             a
             thing
             should
             happen
             ,
             and
             miscarry
             in
             his
             hands
             ,
             it
             is
             no
             such
             hainous
             Crime
             as
             is
             objected
             .
          
           
             But
             I
             desire
             leave
             to
             shew
             what
             I
             have
             done
             in
             this
             kind
             instead
             of
             this
             Mr.
             Gwyn
             ;
             and
             Your
             Lordships
             may
             see
             a
             List
             of
             those
             I
             have
             preferred
             to
             the
             Church
             of
             Ireland
             ,
             and
             perhaps
             they
             may
             be
             known
             to
             some
             of
             Your
             Lordships
             ,
             and
             to
             many
             Gentlemen
             of
             the
             House
             of
             Commons
             .
             And
             first
             I
             say
             ,
             I
             preferred
             Mr.
             Gray
             ,
             and
             have
             done
             for
             him
             according
             to
             the
             means
             I
             had
             by
             the
             Favour
             and
             Goodness
             of
             the
             King
             ;
             perhaps
             he
             hath
             that
             which
             is
             worth
             3
             ,
             or
             4
             ,
             or
             500
             l.
             a
             year
             by
             my
             Gift
             .
             And
             this
             Mr.
             Gray
             (
             if
             I
             be
             not
             mistaken
             )
             was
             sometimes
             Chaplain
             to
             a
             Noble
             Person
             that
             sits
             on
             the
             Earls
             Bench
             ;
             and
             if
             it
             were
             material
             further
             to
             enquire
             of
             him
             ,
             I
             might
             give
             satisfaction
             what
             he
             is
             .
             I
             likewise
             brought
             into
             that
             Kingdom
             Mr.
             Tilson
             ,
             now
             Bishop
             of
             Elphin
             ,
             and
             sometimes
             Fellow
             of
             University
             Colledge
             of
             Oxford
             ,
             a
             most
             Worthy
             ,
             Honest
             ,
             Religious
             Person
             he
             is
             ;
             and
             
             those
             that
             know
             him
             ,
             I
             am
             sure
             will
             give
             him
             that
             Testimony
             .
             I
             likewise
             preferred
             Dr.
             Margetson
             ,
             Dean
             of
             Christs
             Church
             ;
             he
             was
             of
             Cambridge
             ,
             and
             a
             Worthy
             man.
             Mr.
             Forward
             ,
             Dean
             of
             Drummore
             ,
             an
             Oxford
             man
             ;
             who
             if
             he
             were
             known
             ,
             would
             appear
             worthy
             of
             that
             Preferment
             .
             Mr.
             Dean
             Cressy
             an
             Oxford
             man.
             Mr.
             Roade
             ,
             Dean
             of
             Derry
             ,
             a
             Cambridge
             man
             ,
             of
             Sydney
             Colledge
             .
             Dr.
             Wentworth
             ,
             Dean
             of
             Armagh
             ,
             of
             Oxford
             .
             Dr.
             Price
             ,
             Dean
             of
             Conaught
             ,
             of
             Christs
             Church
             in
             Oxford
             .
             Mr.
             Thorpe
             ,
             a
             Cambridge
             man.
             I
             preferred
             likewise
             one
             Mr.
             Parry
             ,
             whom
             I
             found
             in
             Ireland
             ;
             but
             all
             the
             rest
             I
             brought
             ,
             and
             sent
             for
             out
             of
             England
             :
             Nay
             ,
             I
             sent
             for
             them
             ,
             and
             did
             those
             things
             for
             them
             before
             they
             did
             ask
             the
             Question
             ,
             or
             knew
             of
             it
             ;
             That
             being
             a
             means
             ,
             under
             Gods
             Blessing
             ,
             to
             conform
             that
             Kingdom
             to
             the
             Church
             of
             England
             .
             And
             these
             ,
             and
             far
             greater
             numbers
             than
             these
             ,
             to
             my
             best
             Judgment
             and
             Understanding
             ,
             I
             made
             use
             of
             as
             Instruments
             to
             Gods
             Glory
             ,
             His
             true
             Service
             ,
             and
             the
             reducing
             of
             the
             people
             to
             the
             Profession
             of
             the
             same
             Religion
             that
             's
             here
             in
             England
             ;
             and
             for
             no
             other
             end
             .
             But
             concerning
             my
             Carriage
             of
             the
             Trust
             reposed
             in
             me
             by
             the
             King
             ,
             touching
             these
             Ecclesiastical
             Preferments
             ,
             I
             desire
             no
             other
             Testimony
             or
             Witness
             for
             me
             ,
             but
             the
             Lord
             Primate
             of
             Ireland
             ,
             who
             is
             sick
             ,
             and
             cannot
             come
             hither
             :
             To
             whom
             I
             will
             Appeal
             ,
             whether
             I
             have
             not
             in
             my
             preferring
             to
             the
             Church
             Preferments
             ,
             carried
             my self
             with
             all
             clearness
             and
             care
             I
             could
             possibly
             .
          
           
             To
             the
             point
             of
             increasing
             of
             Protestants
             ;
             if
             Your
             Lordships
             please
             to
             hear
             any
             thing
             in
             that
             kind
             ,
             I
             shall
             call
             my
             Lord
             Dillon
             ,
             and
             Sir
             
               Adam
               Loftus
            
             ,
             who
             if
             they
             should
             be
             asked
             ,
             Whether
             there
             be
             more
             Protestants
             in
             Dublin
             now
             than
             when
             I
             first
             came
             thither
             ?
             I
             doubt
             not
             but
             they
             would
             give
             an
             account
             of
             a
             greater
             number
             .
          
           
             We
             Charge
             him
             not
             upon
             this
             point
             ;
             so
             it
             was
             set
             aside
             .
             
          
           
             My
             preferring
             of
             none
             but
             Protestant
             Officers
             ,
             if
             I
             mistook
             not
             ,
             the
             Noble
             Gentleman
             did
             acknowledge
             .
             
          
           
             To
             the
             disposing
             of
             the
             Army
             without
             Grievance
             to
             the
             Subject
             ;
             I
             
             leave
             that
             ,
             (
             which
             was
             spoken
             with
             so
             much
             Advantage
             and
             Ability
             ,
             above
             any
             thing
             that
             from
             such
             a
             poor
             man
             as
             my self
             ,
             could
             be
             expected
             )
             and
             proceed
             to
             that
             which
             was
             proved
             ;
             observing
             ,
             That
             one
             only
             Testimony
             was
             produced
             ,
             
               (
               viz.
            
             )
             Alderman
             I.
             who
             said
             ,
             they
             have
             a
             special
             Charter
             at
             Dublin
             to
             exempt
             them
             from
             Billetting
             of
             Soldiers
             .
             But
             whether
             it
             be
             so
             or
             no
             ,
             it
             hath
             ever
             been
             denyed
             by
             the
             Deputies
             :
             And
             by
             his
             own
             Confession
             ,
             the
             Foot-Companies
             of
             my
             Lord
             of
             Faulkland
             were
             Billetted
             in
             Dublin
             .
             And
             whereas
             it
             was
             said
             they
             had
             Lodgings
             ,
             not
             Money
             ,
             That
             was
             altered
             upon
             a
             Composition
             with
             the
             Soldiers
             ,
             who
             can
             expect
             only
             Lodging
             ;
             but
             if
             for
             the
             Ease
             of
             the
             Town
             they
             will
             allow
             the
             Soldier
             Money
             ,
             and
             leave
             him
             to
             provide
             for
             himself
             ,
             it
             is
             all
             one
             .
          
           
             For
             the
             Horse-Troops
             ,
             My
             own
             is
             ,
             and
             ever
             since
             I
             was
             there
             ,
             hath
             been
             Billetted
             in
             Dublin
             .
             And
             it
             is
             in
             the
             power
             of
             the
             Deputy
             to
             Garrison
             part
             of
             the
             King's
             Army
             where
             he
             pleases
             ,
             and
             without
             controversie
             ,
             hath
             been
             so
             at
             all
             times
             .
          
           
             And
             I
             desire
             that
             my
             Lord
             Ranulagh
             may
             be
             asked
             ,
             Whether
             the
             Soldiers
             of
             the
             Company
             he
             hath
             ,
             be
             not
             Billetted
             in
             Athlone
             ,
             at
             least
             some
             part
             of
             it
             .
             It
             is
             true
             ,
             my
             Lord
             of
             
             Faulkland's
             Troop
             was
             not
             Billetted
             
             in
             Dublin
             ;
             but
             they
             were
             in
             the
             Counties
             round
             about
             ,
             which
             was
             more
             chargeable
             .
          
           
             And
             besides
             ,
             here
             is
             produced
             but
             one
             single
             Witness
             ;
             and
             I
             hope
             my
             own
             Answer
             may
             stand
             equal
             ,
             and
             in
             as
             much
             Credit
             ,
             as
             a
             single
             Testimony
             ,
             that
             on
             the
             matter
             ,
             confesses
             the
             thing
             in
             a
             great
             part
             .
          
           
             For
             the
             increase
             of
             Shipping
             ,
             the
             Gentleman
             question'd
             it
             not
             ;
             and
             really
             
             there
             is
             now
             100
             Tun
             for
             one
             ,
             that
             was
             there
             before
             my
             coming
             .
             And
             if
             I
             had
             time
             to
             send
             into
             Ireland
             for
             the
             Certificates
             of
             the
             Officer
             of
             the
             Ports
             ,
             (
             the
             Surveyor
             ,
             I
             think
             )
             who
             views
             the
             Ports
             once
             a
             year
             ,
             it
             should
             appear
             to
             Your
             Lordships
             ,
             that
             I
             have
             not
             abused
             you
             ,
             nor
             the
             Honourable
             Gentlemen
             that
             hear
             me
             .
             And
             whether
             that
             be
             an
             Argument
             that
             the
             Trade
             and
             Wealth
             of
             the
             Kingdom
             is
             improved
             ,
             (
             I
             appeal
             to
             all
             that
             hear
             me
             )
             when
             the
             Shipping
             doth
             so
             much
             increase
             :
             And
             the
             Customs
             ,
             which
             were
             not
             above
             13000
             l.
             a
             year
             ,
             are
             come
             to
             40000
             l.
             and
             that
             on
             the
             same
             Book
             of
             Rates
             .
          
           
             Concerning
             the
             Sentencing
             of
             Jurors
             ,
             and
             the
             questioning
             of
             them
             
             in
             the
             Star-Chamber
             .
             It
             is
             true
             ,
             divers
             of
             their
             Sentences
             were
             past
             :
             And
             to
             those
             Sentences
             I
             refer
             my self
             ,
             till
             something
             be
             proved
             against
             the
             Truth
             and
             Justice
             of
             them
             .
             And
             I
             think
             it
             will
             stand
             with
             Your
             Lordships
             Goodness
             ,
             to
             judge
             the
             best
             of
             the
             Court
             of
             Castle-Chamber
             ,
             wherein
             the
             Deputy
             hath
             but
             one
             Voice
             ,
             They
             being
             the
             King's
             Ministers
             ,
             and
             standing
             upon
             their
             Oathes
             to
             do
             their
             Duties
             :
             But
             I
             think
             in
             my
             Conscience
             ,
             there
             was
             the
             greatest
             reason
             in
             the
             World
             to
             sentence
             those
             persons
             .
             And
             when
             it
             comes
             to
             be
             examined
             ,
             it
             will
             prove
             so
             .
             And
             unless
             a
             strict
             hand
             be
             in
             that
             kind
             held
             upon
             the
             Natives
             ,
             the
             Priests
             shall
             carry
             them
             against
             all
             things
             that
             can
             be
             .
             For
             either
             they
             do
             not
             ,
             or
             will
             not
             ,
             understand
             their
             Evidence
             :
             so
             that
             it
             begets
             one
             of
             the
             most
             crying
             sins
             in
             Ireland
             .
             And
             if
             some
             Examples
             have
             been
             made
             ,
             they
             are
             upon
             strict
             grounds
             and
             reasons
             of
             State.
             For
             if
             Jurors
             going
             directly
             and
             manifestly
             contrary
             to
             their
             Evidence
             ,
             be
             not
             punished
             ,
             that
             high
             and
             ancient
             Trial
             by
             Jury
             ,
             will
             fall
             .
             And
             is
             it
             not
             ordinary
             in
             England
             to
             have
             Juries
             Sentenced
             for
             not
             finding
             according
             to
             the
             Evidence
             ?
             But
             if
             any
             one
             hath
             not
             been
             Just
             ,
             upon
             instancing
             of
             the
             particulars
             ,
             I
             will
             Answer
             for
             his
             Vote
             as
             well
             as
             I
             can
             :
             For
             it
             must
             stand
             or
             fall
             according
             to
             the
             Merit
             of
             the
             Cause
             .
          
           
             But
             one
             thing
             which
             I
             observe
             the
             Gentleman
             to
             say
             ,
             is
             very
             Considerable
             ;
             for
             he
             tells
             what
             was
             spent
             there
             this
             last
             year
             .
             This
             I
             have
             little
             to
             Answer
             for
             :
             For
             when
             I
             came
             out
             of
             Ireland
             ,
             there
             was
             100000
             l.
             in
             the
             Exchequer
             ;
             and
             how
             it
             hath
             been
             issued
             ,
             I
             know
             not
             ,
             but
             it
             hath
             not
             been
             done
             by
             my
             Warrant
             or
             Direction
             ;
             yet
             I
             doubt
             not
             but
             it
             will
             appear
             ,
             when
             examined
             ,
             that
             it
             hath
             been
             faithfully
             and
             justly
             disposed
             .
             But
             I
             am
             not
             to
             Answer
             for
             it
             ,
             only
             I
             can
             say
             ,
             That
             when
             I
             came
             out
             of
             that
             Kingdom
             ,
             the
             Kingdom
             was
             so
             far
             from
             being
             60000
             l.
             in
             Debt
             ,
             (
             as
             some
             such
             thing
             was
             spoken
             )
             that
             there
             was
             100000
             l.
             in
             the
             Kings
             Coffers
             .
          
           
             And
             for
             the
             50000
             l.
             received
             by
             me
             in
             England
             ,
             Mr.
             Vice-Treasurer
             in
             Ireland
             ,
             is
             Accomptable
             for
             it
             ,
             though
             Mr.
             Vice-Treasurer
             never
             touched
             the
             money
             ,
             and
             my self
             as
             little
             .
             And
             Mr.
             Vice-Treasurer
             discharges
             himself
             of
             it
             by
             Warrants
             issued
             from
             me
             ,
             and
             charged
             it
             upon
             other
             Accomptants
             ;
             who
             when
             they
             come
             to
             Account
             ,
             I
             doubt
             not
             but
             a
             good
             Account
             will
             be
             given
             .
             Though
             (
             under
             favour
             of
             the
             Gentleman
             )
             of
             
             the
             50000
             l.
             14000
             l.
             is
             yet
             unpaid
             ,
             only
             there
             is
             an
             Assignment
             .
             But
             it
             lies
             on
             him
             and
             his
             Credit
             for
             discharge
             of
             the
             Kings
             Service
             :
             And
             it
             must
             lye
             on
             him
             ,
             or
             on
             some
             other
             person
             ,
             if
             himself
             have
             nothing
             left
             him
             .
          
           
             And
             whereas
             it
             is
             said
             ,
             the
             money
             I
             had
             as
             borrowed
             ,
             was
             taken
             out
             when
             the
             Kings
             Army
             was
             in
             want
             ,
             I
             desire
             Your
             Lordships
             to
             observe
             ,
             It
             was
             two
             years
             ago
             when
             I
             had
             this
             money
             ;
             and
             then
             there
             was
             100000
             l.
             in
             Surplusage
             .
             And
             though
             the
             King
             gave
             me
             Liberty
             ,
             of
             His
             Goodness
             ,
             to
             use
             it
             three
             years
             ,
             it
             was
             not
             wanting
             to
             the
             Army
             when
             it
             stood
             in
             need
             of
             it
             .
          
           
             The
             next
             thing
             urged
             ,
             was
             my
             Cozenage
             in
             the
             Custom-house
             ;
             and
             that
             I
             had
             there
             Cozened
             the
             King
             notably
             ,
             5
             or
             6000
             l.
             a
             year
             deep
             .
          
           
             To
             Answer
             this
             ,
             I
             reserve
             my self
             till
             I
             come
             to
             the
             particular
             Article
             ;
             but
             desire
             leave
             with
             all
             Modesty
             to
             say
             ,
             That
             it
             shall
             appear
             I
             have
             not
             Cozened
             ,
             nor
             deceitfully
             abused
             His
             Majesty
             for
             a
             Farthing
             Token
             ,
             neither
             in
             that
             ,
             nor
             in
             anything
             else
             .
             And
             that
             there
             is
             no
             other
             Allowance
             ,
             nor
             Defalcation
             by
             the
             Grant
             wherein
             I
             am
             Interessed
             for
             15600
             l.
             a
             year
             ,
             and
             8000
             l.
             Fine
             ,
             then
             was
             allowed
             to
             the
             former
             Farmers
             ,
             that
             had
             it
             at
             the
             Rent
             of
             13000
             l.
             a
             year
             .
             And
             that
             I
             have
             made
             the
             King
             a
             much
             more
             profitable
             bargain
             than
             he
             had
             ,
             or
             could
             have
             without
             it
             .
          
           
             The
             next
             was
             for
             the
             Revenues
             of
             the
             Church
             ,
             That
             they
             were
             got
             without
             Rules
             of
             Justice
             ;
             And
             were
             an
             Offering
             of
             Rapine
             .
             And
             that
             I
             had
             an
             Eye
             to
             my
             own
             Preferment
             ,
             in
             the
             Person
             of
             my
             Lord
             of
             Canterbury
             :
             To
             that
             I
             have
             already
             Answered
             .
          
           
             And
             thus
             having
             run
             over
             all
             the
             Preamble
             ,
             I
             humbly
             begg
             leave
             to
             make
             some
             Observations
             upon
             the
             Testimonies
             produced
             ,
             
               (
               viz.
            
             )
             That
             the
             Examinations
             of
             Sir
             
               Iohn
               Clotworthy
            
             ,
             and
             my
             Lord
             Ranulagh
             ,
             I
             conceive
             ,
             do
             not
             concern
             me
             .
             Mr.
             Barnewells
             was
             for
             things
             spoken
             when
             I
             was
             out
             of
             the
             Kingdom
             ;
             and
             were
             concerning
             Sir
             
               George
               Ratcliffe
            
             ,
             and
             not
             me
             .
          
           
             For
             the
             Remonstrances
             shewed
             ,
             wherein
             they
             disclaim
             the
             Preamble
             to
             the
             Act
             for
             four
             Subsidies
             ,
             I
             beseech
             Your
             Lordships
             to
             consider
             ,
             how
             unlikely
             it
             is
             that
             I
             should
             do
             any
             thing
             in
             that
             kinde
             fraudulently
             or
             surreptitiously
             :
             For
             by
             the
             Custom
             of
             that
             Kingdom
             ,
             the
             Laws
             must
             be
             transmitted
             hither
             under
             the
             Hand
             of
             the
             Deputy
             and
             Council
             ,
             and
             so
             pass
             the
             Seal
             ,
             and
             be
             returned
             to
             Ireland
             ;
             when
             that
             Law
             was
             transmitted
             ,
             I
             was
             here
             in
             England
             ,
             as
             I
             take
             it
             :
             And
             absolutely
             and
             directly
             ,
             I
             protest
             I
             never
             knew
             any
             thing
             in
             the
             World
             of
             that
             Preamble
             ,
             never
             saw
             it
             ,
             nor
             heard
             of
             it
             ,
             I
             think
             ,
             till
             I
             saw
             it
             in
             the
             Copy
             of
             the
             Remonstrance
             ;
             I
             never
             heard
             it
             was
             excepted
             against
             ,
             it
             having
             pass'd
             the
             Vote
             ,
             and
             three
             times
             reading
             ,
             in
             both
             Houses
             :
             And
             I
             would
             have
             consented
             to
             have
             it
             struck
             out
             ,
             as
             in
             truth
             I
             will
             now
             ,
             being
             far
             from
             any
             thing
             of
             vanity
             ,
             and
             not
             thinking
             my self
             better
             or
             worse
             by
             being
             put
             in
             or
             out
             :
             And
             if
             it
             were
             charged
             upon
             me
             as
             a
             Crime
             ,
             or
             were
             material
             for
             me
             to
             prove
             it
             ,
             I
             think
             I
             could
             by
             Witness
             in
             Town
             prove
             ,
             That
             it
             was
             the
             general
             Vote
             of
             the
             Commons
             House
             ,
             and
             passed
             with
             as
             much
             Applause
             and
             Chearfulness
             ,
             as
             any
             thing
             .
             And
             ,
             that
             if
             my
             Lord
             Dillon
             ,
             and
             Sir
             
               Adam
               Loftus
            
             ,
             and
             some
             other
             of
             the
             Irish
             Commissioners
             ,
             were
             examined
             upon
             Oath
             ,
             I
             believe
             they
             
             would
             Swear
             they
             never
             heard
             any
             Exceptions
             against
             it
             ,
             till
             the
             time
             I
             was
             Impeached
             with
             High
             Treason
             .
          
           
             For
             the
             Particular
             concerning
             Sir
             
               Pierce
               Crosby
            
             ,
             it
             concerned
             not
             me
             ;
             but
             the
             reason
             of
             his
             being
             put
             from
             the
             Board
             was
             this
             :
             All
             Laws
             must
             first
             be
             transmitted
             from
             the
             Deputy
             and
             Council
             ;
             the
             Bill
             against
             which
             he
             Voted
             was
             transmitted
             ,
             Sir
             
               Pierce
               Crosby
            
             was
             there
             ,
             and
             set
             his
             hand
             to
             the
             transmission
             ;
             and
             because
             he
             did
             not
             except
             against
             it
             then
             ,
             being
             a
             Member
             of
             the
             Board
             ,
             but
             did
             except
             against
             it
             afterwards
             ,
             it
             was
             thought
             fit
             he
             should
             be
             Sequestred
             (
             as
             I
             remember
             )
             till
             His
             Majesties
             Pleasure
             should
             be
             known
             ;
             but
             Committed
             he
             was
             not
             :
             And
             it
             was
             done
             by
             the
             Vote
             of
             the
             whole
             Board
             ,
             but
             no
             way
             to
             infringe
             the
             Liberty
             of
             the
             House
             ;
             and
             so
             in
             Obedience
             to
             Your
             Lordships
             ,
             as
             near
             as
             I
             could
             ,
             with
             a
             great
             deal
             of
             Weakness
             and
             Infirmity
             ,
             I
             have
             said
             as
             much
             as
             I
             can
             for
             the
             present
             recollect
             ,
             towards
             the
             making
             good
             the
             Truth
             of
             my
             Preamble
             .
          
           
             And
             I
             conclude
             with
             this
             humble
             suit
             ,
             there
             being
             some
             Exception
             took
             at
             some
             Words
             that
             fell
             from
             me
             ,
             Many
             mens
             Tongues
             and
             Mouthes
             may
             offend
             ,
             where
             their
             Hearts
             do
             not
             :
             And
             that
             in
             truth
             I
             may
             say
             ,
             my
             Heart
             did
             not
             offend
             against
             that
             Reverence
             and
             Duty
             I
             shall
             always
             pay
             ,
             on
             all
             occasions
             ,
             to
             the
             Honourable
             House
             of
             Commons
             ,
             and
             every
             Member
             of
             it
             ;
             but
             to
             others
             ,
             that
             are
             neither
             Members
             of
             this
             House
             ,
             nor
             of
             the
             House
             in
             Ireland
             ,
             I
             meant
             what
             I
             said
             :
             And
             I
             do
             beseech
             the
             Gentlemen
             of
             the
             House
             of
             Commons
             to
             accept
             my
             Acknowledgment
             of
             this
             truth
             :
             and
             that
             my
             Words
             may
             not
             be
             any
             ways
             raised
             against
             me
             as
             a
             Cause
             of
             their
             thinking
             worse
             of
             me
             ;
             or
             that
             I
             should
             be
             peccant
             or
             offending
             ,
             in
             having
             other
             thoughts
             of
             the
             Members
             and
             Proceedings
             of
             the
             House
             ,
             than
             with
             all
             Submission
             ,
             and
             all
             belief
             of
             the
             Equity
             of
             it
             .
          
           
             To
             which
             Defence
             ,
             one
             of
             the
             Managers
             appointed
             for
             this
             days
             Service
             ,
             briefly
             replyed
             ,
             in
             substance
             as
             followeth
             .
          
           
             What
             I
             have
             said
             in
             Answer
             of
             the
             Preamble
             ,
             was
             not
             by
             way
             of
             
             Charge
             ,
             but
             only
             for
             disproof
             of
             that
             whereby
             my
             Lord
             of
             Strafford
             would
             take
             away
             ,
             or
             nullifie
             the
             Charge
             .
             So
             that
             if
             the
             Charge
             remains
             in
             force
             ,
             the
             Services
             performed
             by
             him
             ,
             are
             not
             effectual
             to
             mitigate
             it
             .
          
           
             That
             what
             we
             have
             proposed
             still
             stands
             unavoided
             ,
             as
             we
             conceive
             ,
             notwithstanding
             any
             thing
             my
             Lord
             of
             Strafford
             hath
             said
             .
          
           
             That
             as
             concerning
             Sir
             
               Pierce
               Crosby
            
             his
             agreeing
             to
             the
             Transmission
             ,
             if
             that
             be
             true
             :
             That
             there
             is
             a
             preparative
             part
             of
             the
             Law
             ,
             and
             there
             Sir
             
               Pierce
               Crosby
            
             might
             speak
             as
             a
             Councellor
             ;
             But
             there
             is
             a
             Legislative
             part
             of
             the
             Law
             ,
             and
             that
             is
             done
             in
             Parliament
             ;
             and
             these
             being
             distinct
             ,
             if
             Sir
             
               Pierce
               Crosby
            
             did
             do
             any
             thing
             at
             Council-Table
             ,
             it
             deprived
             him
             not
             of
             his
             Liberty
             to
             speak
             in
             Parliament
             .
             But
             we
             are
             informed
             ,
             he
             gave
             his
             denial
             to
             consent
             to
             the
             Transmission
             .
          
           
             And
             if
             my
             Lord
             of
             Strafford
             were
             not
             guilty
             in
             his
             own
             Person
             of
             breach
             of
             Priviledge
             ;
             yet
             if
             under
             his
             Government
             ,
             Priviledge
             of
             Parliament
             be
             broken
             ,
             it
             is
             no
             matter
             of
             Merit
             to
             say
             ,
             he
             procured
             Parliaments
             .
          
           
             It
             is
             no
             Answer
             to
             say
             ,
             things
             are
             not
             proved
             ,
             when
             any
             thing
             we
             urged
             ,
             is
             contained
             under
             an
             Article
             ;
             for
             then
             he
             refers
             the
             proof
             when
             he
             comes
             to
             the
             Article
             ;
             as
             many
             things
             concerning
             the
             Lands
             of
             the
             Clergy
             ,
             will
             be
             made
             good
             in
             the
             proofs
             of
             the
             proper
             Article
             .
          
           
           
             That
             he
             hath
             preferred
             many
             Divines
             ;
             that
             is
             no
             part
             of
             his
             Merit
             ,
             nor
             takes
             away
             his
             fault
             ,
             though
             it
             be
             true
             .
          
           
             That
             for
             the
             Value
             of
             his
             living
             ,
             we
             never
             heard
             of
             it
             till
             on
             this
             occasion
             ;
             but
             be
             it
             small
             or
             great
             ,
             it
             is
             nothing
             to
             justifie
             my
             Lord
             of
             Strafford
             ,
             being
             offered
             to
             this
             purpose
             ;
             That
             though
             his
             Lordship
             were
             careful
             of
             the
             Lands
             of
             the
             Ministers
             ,
             He
             was
             not
             careful
             of
             the
             Ministers
             themselves
             ,
             in
             suffering
             a
             Groom
             to
             execute
             that
             high
             Function
             ;
             Ministers
             being
             not
             to
             be
             chosen
             according
             to
             the
             Quality
             of
             the
             Living
             ,
             but
             according
             to
             the
             Quality
             of
             the
             Function
             .
          
           
             That
             for
             the
             matter
             of
             Monopolies
             ,
             if
             his
             Lordship
             do
             stop
             any
             ,
             he
             may
             stop
             them
             for
             sinister
             Reasons
             and
             Respects
             ;
             and
             however
             ,
             there
             is
             no
             Compensation
             ,
             doing
             his
             Duty
             in
             one
             thing
             ,
             not
             satisfying
             for
             Neglect
             in
             another
             .
          
           
             And
             then
             concluded
             ,
             That
             what
             we
             have
             not
             now
             replied
             unto
             ,
             shall
             be
             made
             good
             in
             the
             Charge
             ;
             and
             ought
             not
             in
             their
             Lordships
             Opinion
             ,
             make
             my
             Lord
             of
             Strafford
             more
             plausible
             ;
             for
             the
             Charge
             shall
             be
             made
             good
             against
             him
             in
             the
             truth
             of
             the
             Fact
             ,
             and
             the
             Aggravation
             of
             it
             .
          
           
             Hereupon
             the
             Court
             was
             Adjourned
             ,
             and
             the
             Committee
             directed
             to
             proceed
             to
             the
             Proofs
             conducing
             to
             the
             particular
             Charge
             ,
             the
             next
             Morning
             .
          
        
         
           
             The
             Third
             day
             .
          
           
             Wednesday
             ,
             March
             24.
             1640.
             
          
           
             
               Gentlemen
               ,
            
          
           
             YOU
             who
             are
             of
             the
             Committee
             to
             manage
             the
             Evidence
             against
             the
             Earl
             of
             Strafford
             ,
             I
             am
             to
             acquaint
             you
             ,
             Their
             Lordships
             have
             considered
             
             of
             that
             point
             of
             Sir
             
               Pierce
               Crosby
            
             ,
             his
             being
             examined
             as
             a
             Witness
             ,
             and
             my
             Lord
             of
             Straffords
             Exceptions
             ;
             and
             have
             resolved
             that
             he
             shall
             be
             Examined
             ;
             and
             that
             the
             Validity
             of
             his
             Testimony
             shall
             be
             left
             unto
             their
             Lordships
             Judgments
             .
          
           
             Your
             Lordships
             have
             with
             great
             Patience
             attended
             the
             Charge
             that
             hath
             been
             read
             ,
             and
             the
             Answer
             ,
             and
             the
             Exceptions
             taken
             to
             the
             Preamble
             ,
             
             which
             my
             Lord
             of
             Strafford
             to
             ingratiate
             himself
             ,
             did
             make
             to
             the
             main
             of
             his
             Defence
             .
          
           
             
               My
               Lords
            
             ,
             I
             shall
             repeat
             little
             of
             that
             that
             hath
             been
             said
             ,
             only
             pardon
             me
             if
             I
             say
             this
             to
             Your
             Lordships
             ,
             That
             wherein
             my
             Lord
             of
             Strafford
             answered
             to
             very
             many
             particulars
             ,
             yet
             to
             that
             one
             main
             he
             answered
             not
             ,
             which
             was
             principally
             objected
             against
             him
             ;
             which
             I
             therefore
             speak
             to
             put
             him
             in
             mind
             of
             it
             ,
             that
             if
             he
             can
             ,
             he
             may
             Answer
             :
             And
             that
             is
             ,
             Your
             Lordships
             were
             pleased
             to
             hear
             the
             Complaint
             and
             Protestation
             of
             the
             whole
             Kingdom
             of
             Ireland
             read
             before
             you
             .
             The
             principal
             of
             their
             Aim
             seems
             to
             be
             ,
             to
             take
             off
             the
             Extolling
             of
             my
             Lord
             of
             Strafford
             ,
             that
             himself
             ,
             or
             his
             Agents
             ,
             had
             put
             upon
             him
             in
             a
             Bill
             of
             Subsidies
             ;
             wherein
             indeed
             the
             
             Praise
             and
             Honour
             due
             to
             His
             Majesty
             ,
             was
             much
             Attributed
             to
             my
             Lord
             of
             Strafford
             ,
             which
             grieved
             the
             Parliament
             ,
             who
             would
             take
             it
             off
             ,
             and
             my
             Lord
             of
             Strafford
             is
             now
             willing
             to
             lay
             it
             down
             ;
             and
             he
             doth
             well
             to
             do
             so
             when
             he
             can
             keep
             it
             no
             longer
             ,
             when
             those
             from
             whom
             he
             took
             it
             by
             fraud
             or
             force
             ,
             would
             wrest
             it
             again
             from
             him
             .
             I
             desire
             Your
             Lordships
             to
             remember
             ,
             and
             I
             am
             sure
             you
             will
             ,
             That
             the
             main
             of
             our
             Complaint
             is
             ,
             His
             alteration
             of
             the
             fundamental
             Laws
             against
             Will
             ;
             His
             introducing
             of
             new
             Laws
             at
             his
             Will
             and
             Pleasure
             :
             This
             is
             not
             only
             the
             Cry
             ,
             but
             the
             Testimony
             of
             a
             whole
             Kingdom
             before
             Your
             Lordships
             ;
             of
             all
             the
             Lords
             and
             Commons
             of
             Ireland
             .
          
           
             I
             shall
             not
             touch
             that
             which
             concerns
             breach
             of
             Priviledge
             of
             Parliament
             ,
             he
             would
             fain
             put
             that
             off
             on
             Sir
             
               George
               Ratcliffe
            
             ,
             his
             bosom
             Friend
             ,
             and
             put
             it
             off
             himself
             .
             My
             Lord
             of
             Strafford
             Sequestred
             Sir
             
               Pierce
               Crosby
            
             from
             the
             Council
             ,
             his
             Vote
             went
             with
             it
             ,
             others
             joined
             with
             him
             ;
             but
             I
             am
             sure
             he
             moved
             it
             ,
             he
             concurred
             with
             it
             .
          
           
             But
             now
             ,
             
               My
               Lords
            
             ,
             I
             humbly
             Address
             my self
             to
             that
             we
             are
             ready
             to
             maintain
             ,
             The
             Body
             of
             the
             Charge
             :
             And
             because
             some
             time
             hath
             been
             spent
             between
             the
             reading
             of
             the
             Charge
             ,
             and
             the
             main
             of
             the
             Defence
             ,
             I
             desire
             leave
             to
             open
             what
             is
             the
             Nature
             ,
             what
             the
             Height
             and
             Quality
             of
             the
             Offence
             ,
             of
             which
             this
             great
             Lord
             stands
             Accused
             before
             you
             ?
          
           
             
               My
               Lords
            
             ,
             It
             is
             a
             Charge
             of
             the
             highest
             Nature
             that
             can
             be
             against
             a
             man
             ;
             A
             Charge
             of
             High
             Treason
             .
             It
             is
             a
             Treason
             ,
             not
             ending
             and
             expiring
             in
             one
             single
             Act
             of
             a
             discontented
             Heart
             ,
             but
             a
             Habit
             ,
             a
             Trade
             ,
             a
             Mystery
             of
             Treason
             exercised
             by
             this
             Great
             Lord
             ,
             ever
             since
             the
             Kings
             Favour
             bestowed
             on
             him
             .
          
           
             
               My
               Lords
            
             ,
             It
             hath
             two
             Evils
             to
             deprive
             us
             of
             that
             which
             is
             good
             ;
             that
             is
             ,
             to
             subvert
             and
             take
             away
             the
             fundamental
             ,
             the
             ancient
             Laws
             ,
             whereby
             we
             are
             secure
             of
             whatsoever
             we
             do
             enjoy
             ;
             it
             hath
             
               (
               My
               Lords
            
             )
             a
             positive
             Evil
             in
             it
             ,
             to
             introduce
             instead
             of
             that
             an
             Arbitrary
             Government
             ,
             bounded
             by
             no
             Laws
             ,
             but
             by
             the
             Evil
             Councels
             of
             such
             Ministers
             as
             he
             hath
             been
             .
          
           
             
               My
               Lords
            
             ,
             It
             is
             the
             Law
             that
             gives
             that
             Soveraign
             tye
             ,
             which
             w●
             all
             Obedience
             and
             Chearfulness
             ,
             the
             Subject
             renders
             to
             the
             Soveraign
             .
             It
             is
             the
             Law
             
               (
               My
               Lords
            
             )
             that
             gives
             Honours
             to
             the
             Lords
             and
             Nobles
             ;
             Interest
             ,
             Property
             ,
             and
             Liberty
             to
             the
             Subject
             .
          
           
             
               My
               Lords
            
             ,
             The
             Law
             ,
             (
             as
             it
             is
             the
             Foundation
             and
             Ground
             of
             all
             these
             )
             hath
             its
             distribution
             in
             a
             course
             of
             Justice
             .
             Justice
             is
             derived
             (
             as
             by
             so
             many
             Channels
             )
             by
             the
             several
             Courts
             of
             Justice
             ;
             whereby
             the
             Kings
             Justice
             (
             for
             it
             is
             His
             )
             is
             brought
             and
             conveyed
             to
             the
             Subject
             .
          
           
             
               My
               Lords
            
             ,
             Of
             all
             this
             hath
             my
             Lord
             of
             Strafford
             endeavoured
             ,
             not
             only
             to
             put
             the
             Subject
             out
             of
             present
             Possession
             ,
             but
             to
             make
             him
             uncapable
             of
             the
             future
             Benefit
             of
             it
             .
          
           
             Other
             Treasons
             ,
             yea
             ,
             a
             Treason
             against
             the
             Person
             of
             a
             Prince
             (
             which
             is
             the
             most
             Transcendent
             and
             High
             Treason
             that
             can
             be
             )
             fall
             short
             of
             this
             Treason
             ;
             For
             a
             good
             Prince
             may
             be
             gathered
             to
             His
             Fathers
             ,
             yet
             another
             may
             succeed
             Him
             ,
             that
             supports
             the
             Glory
             and
             Justice
             of
             His
             Throne
             .
             We
             have
             had
             Experience
             of
             it
             :
             When
             blessed
             King
             Iames
             was
             taken
             from
             us
             to
             Heaven
             ,
             
               Sol
               occubuit
               &
               nox
               nulla
               secuta
               est
               .
            
             But
             if
             any
             one
             such
             a
             design
             as
             this
             should
             take
             effect
             ,
             That
             the
             Law
             and
             Justice
             should
             be
             taken
             from
             the
             Throne
             ,
             and
             Will
             placed
             there
             ,
             we
             are
             without
             hope
             of
             ever
             seeing
             Remedy
             .
          
           
           
             Power
             in
             so
             great
             a
             measure
             taken
             ,
             is
             not
             easily
             laid
             down
             ,
             unless
             it
             be
             by
             the
             exceeding
             great
             goodness
             of
             so
             merciful
             and
             just
             a
             Prince
             as
             we
             have
             .
          
           
             
               My
               Lords
            
             ,
             The
             Particulars
             of
             this
             Treason
             are
             Conveyed
             to
             Your
             Lordships
             in
             28
             several
             Articles
             .
             I
             shall
             shortly
             and
             briefly
             touch
             but
             the
             Heads
             of
             those
             on
             which
             I
             shall
             insist
             ,
             and
             give
             some
             distribution
             of
             them
             .
             And
             I
             think
             the
             best
             way
             will
             be
             this
             ;
             To
             consider
             first
             what
             he
             did
             ,
             and
             what
             he
             said
             ,
             before
             he
             went
             into
             Ireland
             ;
             then
             what
             he
             did
             and
             said
             there
             ;
             and
             what
             he
             hath
             done
             since
             .
             And
             in
             all
             of
             them
             ,
             you
             will
             find
             this
             his
             main
             design
             ,
             which
             I
             have
             opened
             ,
             That
             Law
             might
             no
             where
             stand
             against
             his
             Will
             ;
             and
             to
             settle
             it
             ,
             that
             he
             might
             continue
             so
             .
          
           
             My
             Lord
             hath
             declared
             this
             in
             incroaching
             Jurisdiction
             where
             it
             was
             not
             ,
             in
             exercising
             an
             Arbitrary
             Power
             under
             that
             Jurisdiction
             ;
             In
             taking
             on
             him
             a
             Power
             to
             make
             Laws
             ;
             In
             Domineering
             and
             Tyrannizing
             over
             the
             Lives
             ,
             the
             Liberties
             ,
             the
             Goods
             ,
             the
             Estates
             ,
             and
             whatsoever
             is
             the
             Subjects
             .
          
           
             And
             
               (
               My
               Lords
            
             )
             this
             hath
             he
             done
             ,
             not
             only
             on
             those
             of
             the
             meaner
             sort
             that
             could
             not
             resist
             him
             ,
             but
             on
             the
             Peers
             ,
             on
             the
             greatest
             and
             most
             ancient
             Nobility
             of
             Ireland
             :
             And
             what
             might
             Your
             Lordships
             expect
             ,
             but
             the
             same
             measure
             at
             his
             hands
             ,
             had
             his
             Will
             had
             its
             passage
             here
             ,
             which
             it
             had
             in
             Ireland
             .
          
           
             I
             shall
             now
             come
             to
             the
             particular
             Articles
             .
          
           
             1.
             
             And
             first
             ,
             Whereas
             it
             pleased
             His
             Majesty
             to
             place
             him
             with
             Power
             and
             Honour
             in
             his
             hand
             in
             the
             North
             as
             President
             ,
             he
             had
             not
             been
             long
             there
             ;
             but
             that
             Commission
             which
             bounded
             and
             pleased
             his
             Predecessors
             ,
             he
             must
             needs
             surmount
             and
             overgo
             .
             There
             was
             a
             Commission
             in
             16
             Iac.
             which
             the
             then
             Lord
             Deputy
             had
             ,
             in
             which
             was
             that
             Legal
             phrase
             
               Secundum
               antiquum
               cursum
            
             ,
             his
             own
             Commission
             4
             Car.
             pursued
             that
             ,
             without
             any
             alteration
             ;
             but
             being
             in
             but
             four
             years
             ,
             this
             would
             not
             please
             his
             boundless
             Ambition
             ,
             he
             must
             needs
             have
             the
             Power
             that
             the
             Lords
             in
             the
             Star-Chamber
             have
             ,
             put
             in
             in
             express
             terms
             ,
             a
             Power
             to
             proceed
             according
             to
             the
             course
             of
             the
             Chancery
             ,
             that
             his
             Conscience
             might
             limit
             other
             mens
             Estat●
             ;
             That
             his
             Injunctions
             might
             stay
             other
             Proceedings
             at
             Law
             :
             And
             which
             is
             highest
             of
             all
             ,
             if
             any
             thing
             be
             done
             in
             that
             Court
             ,
             within
             these
             Instructions
             ,
             than
             no
             Prohibition
             should
             be
             Awarded
             .
             He
             would
             make
             himself
             safe
             from
             any
             supervising
             of
             other
             Courts
             .
          
           
             If
             he
             Committed
             any
             man
             to
             Prison
             ,
             though
             a
             
               Habeas
               Corpus
            
             were
             granted
             (
             then
             which
             ,
             the
             Subject
             hath
             no
             other
             remedy
             to
             vindicate
             his
             Liberty
             )
             the
             Officer
             (
             for
             the
             encouragement
             of
             those
             which
             be
             under
             his
             Power
             )
             must
             not
             obey
             it
             .
             And
             if
             any
             Fine
             be
             put
             upon
             the
             Officer
             ,
             then
             comes
             a
             command
             in
             this
             Commission
             ,
             That
             the
             Fine
             shall
             be
             discharged
             ;
             so
             he
             not
             only
             takes
             a
             Power
             to
             himself
             ,
             but
             also
             takes
             the
             Scepter
             of
             Justice
             out
             of
             the
             Kings
             Hands
             ;
             for
             by
             this
             means
             there
             is
             an
             impossibility
             the
             Subject
             should
             have
             the
             Justice
             that
             my
             Lord
             knows
             is
             due
             to
             him
             ;
             and
             he
             knows
             it
             right
             well
             :
             for
             when
             he
             was
             a
             Member
             of
             the
             House
             of
             Parliament
             ,
             it
             was
             his
             own
             motion
             ,
             who
             now
             stands
             at
             the
             Barr
             ,
             That
             all
             the
             Officers
             and
             Ministers
             of
             State
             ,
             should
             serve
             the
             King
             according
             to
             that
             Law
             ,
             and
             he
             is
             the
             first
             Officer
             and
             Minister
             of
             State
             ,
             that
             breaks
             it
             ;
             and
             in
             the
             most
             transcendent
             degree
             that
             ever
             it
             was
             broken
             .
          
           
             
               My
               Lords
            
             ,
             He
             doth
             in
             this
             ,
             as
             much
             as
             in
             him
             lies
             ,
             say
             to
             the
             Laws
             ,
             Do
             your
             worst
             ;
             You
             can
             but
             Fine
             ,
             and
             that
             you
             can
             do
             shall
             come
             to
             nothing
             ;
             The
             Fine
             shall
             not
             be
             paid
             ,
             The
             Officer
             shall
             not
             obey
             you
             .
          
           
           
             If
             this
             had
             been
             a
             single
             Act
             ,
             we
             should
             never
             have
             accused
             him
             of
             this
             Treason
             ,
             though
             it
             comes
             very
             High
             ,
             and
             very
             Transcendent
             .
             But
             the
             Oppressions
             and
             Injustice
             ,
             the
             Councels
             and
             Speeches
             that
             we
             present
             to
             Your
             Lordships
             ,
             we
             present
             them
             not
             singly
             ,
             but
             as
             together
             ,
             designing
             and
             noting
             ,
             what
             a
             Treasonable
             purpose
             and
             disposition
             is
             in
             him
             .
          
           
             2.
             
             
               My
               Lords
            
             ,
             The
             next
             thing
             he
             doth
             when
             he
             is
             in
             the
             North
             among
             the
             Justices
             of
             the
             Peace
             ,
             and
             the
             People
             attending
             for
             Justice
             ,
             you
             shall
             see
             what
             Encouragement
             he
             gives
             them
             to
             look
             for
             it
             ;
             and
             how
             foul
             a
             thing
             he
             dares
             to
             fling
             on
             the
             Sacred
             Majesty
             that
             did
             advance
             him
             .
             He
             tells
             the
             Justices
             that
             were
             to
             do
             Justice
             ,
             and
             the
             People
             that
             were
             to
             receive
             Justice
             ,
             That
             some
             of
             the
             Justices
             were
             all
             for
             Law
             ,
             but
             they
             should
             find
             ,
             The
             Kings
             little
             Finger
             is
             heavier
             than
             the
             Loyns
             of
             the
             Law.
             Your
             Lordships
             may
             consider
             what
             a
             transcendent
             Speech
             this
             was
             ,
             out
             of
             whose
             Mouth
             it
             came
             ,
             what
             sad
             Accidents
             happened
             upon
             it
             ;
             nothing
             could
             move
             this
             Lord
             to
             utter
             it
             :
             but
             his
             Will
             and
             his
             Violence
             must
             out
             ,
             though
             he
             burst
             a
             Kingdom
             in
             pieces
             for
             it
             .
          
           
             3.
             
             The
             next
             thing
             is
             this
             ,
             When
             he
             goes
             into
             Ireland
             you
             will
             find
             his
             Temper
             and
             Spirit
             not
             a
             whit
             Allayed
             ;
             but
             now
             being
             further
             from
             His
             Majesties
             Person
             ,
             he
             is
             higher
             in
             his
             Power
             and
             in
             his
             Will.
             It
             is
             true
             ,
             that
             Kingdom
             was
             annexed
             to
             this
             many
             years
             ago
             ;
             but
             they
             that
             now
             possess
             the
             greatest
             part
             of
             it
             ,
             are
             Subjects
             of
             this
             Kingdom
             ,
             descended
             from
             them
             that
             went
             from
             hence
             thither
             .
             Yet
             he
             tells
             them
             in
             a
             solemn
             Speech
             ,
             not
             suddenly
             but
             solemnly
             ,
             That
             Ireland
             is
             a
             Conquered
             Nation
             ,
             and
             the
             King
             might
             do
             with
             them
             what
             he
             would
             ;
             and
             that
             their
             Charters
             were
             nothing
             worth
             ,
             and
             bind
             the
             King
             no
             longer
             than
             he
             pleases
             .
             Surely
             
               (
               My
               Lords
            
             )
             We
             might
             see
             what
             he
             would
             do
             if
             he
             had
             Power
             .
             But
             God
             be
             blessed
             ,
             we
             find
             not
             that
             disposition
             any
             where
             resented
             by
             His
             Majesty
             ;
             and
             we
             hope
             that
             such
             Councels
             shall
             never
             have
             Access
             to
             so
             good
             and
             gracious
             an
             Ear.
             
          
           
             4.
             
             The
             next
             thing
             ,
             he
             stays
             not
             in
             words
             ,
             but
             will
             be
             as
             good
             as
             his
             word
             if
             he
             can
             ;
             and
             he
             begins
             high
             .
             For
             that
             we
             present
             next
             ,
             is
             a
             Peer
             of
             the
             Kingdom
             thrust
             out
             of
             his
             Possession
             by
             my
             Lord
             of
             Straffords
             Order
             ;
             and
             when
             he
             Sues
             at
             Law
             for
             recovery
             of
             his
             Right
             ,
             my
             Lord
             Threatens
             him
             .
             Truly
             Threatnings
             are
             not
             good
             ,
             in
             such
             a
             case
             ,
             where
             a
             man
             Sues
             for
             Justice
             ,
             And
             from
             him
             that
             ought
             to
             Administer
             Justice
             ,
             and
             further
             him
             in
             it
             ;
             yet
             he
             Threatens
             him
             Imprisonment
             ,
             to
             which
             Peers
             are
             not
             ordinarily
             liable
             .
          
           
             First
             my
             Lord
             tells
             him
             ,
             He
             will
             not
             have
             Law
             nor
             Lawyers
             question
             his
             Orders
             ;
             he
             might
             debar
             the
             Lawyers
             in
             some
             Cases
             ,
             but
             why
             a
             man
             should
             have
             a
             Spleen
             at
             the
             Law
             ,
             that
             his
             Orders
             should
             not
             be
             examined
             by
             ,
             that
             I
             know
             not
             .
             And
             he
             goes
             higher
             ;
             for
             when
             there
             was
             an
             occasion
             to
             speak
             of
             an
             Act
             of
             State
             ,
             he
             tells
             him
             ,
             That
             he
             will
             make
             him
             and
             all
             Ireland
             know
             ,
             that
             as
             long
             as
             he
             had
             the
             Government
             there
             ,
             any
             Act
             of
             State
             made
             ,
             or
             to
             be
             made
             ,
             should
             be
             as
             binding
             as
             an
             Act
             of
             Parliament
             .
          
           
             
               My
               Lords
            
             ,
             He
             cannot
             go
             higher
             in
             Speeches
             than
             this
             ,
             That
             an
             Act
             of
             State
             of
             his
             own
             making
             ,
             and
             his
             own
             Power
             ,
             should
             be
             as
             binding
             as
             an
             Act
             of
             Parliament
             .
          
           
             Nay
             ,
             he
             tells
             them
             in
             Parliament
             ,
             That
             they
             were
             a
             Conquered
             Nation
             ,
             and
             must
             expect
             Laws
             as
             from
             a
             Conquerour
             .
          
           
           
             5.
             
             Next
             we
             shall
             shew
             divers
             Instances
             wherein
             he
             exercises
             Power
             over
             the
             Lives
             ,
             Lands
             ,
             and
             all
             that
             is
             the
             Subjects
             ;
             deduced
             into
             several
             Articles
             ,
             viz.
             the
             5th
             ,
             the
             6th
             ,
             the
             7th
             ,
             and
             the
             8th
             .
          
           
             In
             particular
             ,
             one
             I
             shall
             be
             bold
             to
             open
             ,
             That
             is
             the
             Case
             of
             my
             Lord
             Mountnorris
             ,
             another
             Peer
             of
             that
             Kingdom
             ,
             and
             a
             great
             Officer
             there
             .
             Some
             words
             fell
             from
             that
             Lord
             ,
             speaking
             of
             one
             that
             had
             trodden
             on
             my
             Lord
             of
             Straffords
             Toe
             ,
             That
             he
             hoped
             the
             Party
             did
             it
             not
             in
             Revenge
             ;
             for
             he
             had
             a
             Brother
             that
             would
             not
             have
             sought
             such
             a
             Revenge
             .
             For
             these
             words
             ,
             spoke
             at
             a
             private
             Table
             ,
             half
             a
             year
             ,
             yea
             seven
             months
             before
             ,
             my
             Lord
             of
             Strafford
             calls
             a
             Councel
             of
             War
             ,
             and
             judges
             his
             Lordship
             to
             death
             .
          
           
             
               My
               Lords
            
             ,
             It
             is
             no
             wonder
             that
             he
             would
             make
             the
             Kings
             little
             Finger
             so
             heavy
             ,
             that
             could
             make
             his
             own
             Toe
             heavy
             enough
             to
             tread
             the
             Life
             of
             a
             Peer
             under
             his
             Feet
             .
          
           
             And
             he
             did
             not
             only
             give
             Sentence
             in
             that
             Case
             ,
             but
             caused
             Execution
             to
             be
             done
             in
             another
             Case
             ,
             upon
             one
             D.
             who
             was
             condemned
             by
             Martial
             Law
             ,
             and
             hanged
             at
             Dublin
             ,
             where
             there
             was
             no
             War
             at
             all
             .
          
           
             Other
             particulars
             will
             follow
             when
             I
             fall
             upon
             proof
             .
          
           
             9.
             
             Then
             he
             comes
             to
             make
             Laws
             ;
             and
             that
             is
             in
             the
             9th
             Article
             .
             By
             the
             Laws
             of
             England
             and
             Ireland
             too
             ,
             the
             Ecclesiastical
             Power
             is
             distinct
             from
             the
             other
             ,
             it
             not
             extending
             to
             the
             Imprisonment
             of
             the
             Person
             ,
             but
             is
             to
             attend
             the
             Kings
             Courts
             ,
             and
             to
             receive
             directions
             from
             thence
             ;
             yet
             he
             makes
             a
             Warrant
             to
             the
             Bishop
             of
             Downe
             ,
             (
             and
             he
             made
             it
             to
             others
             too
             )
             That
             if
             any
             of
             the
             poorer
             sort
             did
             not
             appear
             upon
             the
             Bishops
             Citation
             ,
             or
             not
             obey
             when
             they
             did
             appear
             ,
             they
             should
             be
             Attached
             and
             Imprisoned
             ;
             Here
             he
             makes
             a
             Law
             of
             himself
             ,
             and
             subjects
             the
             Liberties
             of
             the
             Subjects
             to
             his
             own
             Pleasure
             ;
             but
             this
             was
             for
             the
             poorer
             sort
             of
             People
             ,
             though
             Justice
             sees
             no
             difference
             in
             matters
             of
             Estate
             ,
             betwixt
             Poor
             or
             Rich
             :
             But
             when
             he
             hath
             brought
             it
             on
             the
             Poor
             ,
             he
             will
             afterwards
             bring
             it
             on
             the
             Rich.
             
          
           
             10.
             
             The
             next
             is
             a
             Power
             of
             laying
             Impositions
             on
             the
             Subjects
             :
             First
             he
             is
             a
             Farmer
             of
             the
             Customs
             ,
             he
             puts
             excessive
             Rates
             upon
             the
             Commodities
             ;
             that
             which
             is
             worth
             but
             5
             s.
             as
             the
             Hydes
             ,
             he
             will
             have
             valued
             at
             20
             s.
             and
             the
             Wool
             ,
             which
             is
             worth
             5
             s.
             he
             will
             have
             it
             valued
             at
             13
             s.
             4
             d.
             and
             by
             this
             he
             takes
             away
             ,
             in
             effect
             ,
             whatsoever
             the
             Commodity
             is
             worth
             ;
             for
             the
             Customs
             come
             very
             near
             the
             Value
             .
          
           
             Another
             particular
             in
             this
             I
             shall
             be
             bold
             to
             open
             ,
             and
             I
             hope
             his
             Lordship
             will
             provide
             to
             give
             an
             Answer
             ,
             He
             hath
             advanced
             by
             this
             the
             Kings
             Customs
             ,
             and
             a
             Rent
             of
             1350
             l.
             is
             increased
             to
             the
             Crown
             :
             But
             it
             will
             appear
             to
             Your
             Lordships
             ,
             that
             the
             Crown
             hath
             lost
             ,
             and
             he
             only
             hath
             gained
             .
             And
             whereas
             my
             Lord
             of
             Strafford
             says
             there
             was
             no
             other
             Defalcations
             in
             his
             Patent
             ,
             than
             in
             the
             former
             ,
             that
             will
             fall
             out
             to
             be
             otherwise
             ;
             for
             this
             is
             the
             State
             of
             the
             bargain
             ,
          
           
             There
             was
             a
             former
             Rent
             of
             9700
             l.
             which
             the
             Duke
             of
             Buckingham
             paid
             out
             of
             this
             Farm.
             On
             the
             Earl
             of
             Straffords
             Patent
             that
             Rent
             is
             reserved
             ,
             and
             as
             much
             as
             came
             to
             1350
             l.
             more
             ,
             but
             in
             lieu
             of
             1350
             l.
             advanced
             to
             the
             King
             ,
             my
             Lord
             of
             Strafford
             hath
             in
             his
             Grant
             the
             Surplusage
             of
             Wines
             (
             which
             were
             not
             in
             the
             Dukes
             Patent
             )
             worth
             3400
             l.
             a
             year
             ,
             besides
             a
             Rent
             paid
             for
             the
             Term
             of
             the
             Wine
             of
             1400
             l.
             And
             whereas
             there
             was
             no
             defalcation
             of
             the
             Customs
             of
             
               London
               ,
               Derry
            
             and
             Colerane
             in
             the
             Dukes
             Lease
             ,
             which
             
             amounted
             to
             1500
             l.
             a
             year
             ;
             my
             Lord
             of
             Strafford
             must
             have
             a
             defalcation
             for
             them
             :
             And
             then
             the
             Seizures
             ,
             which
             were
             500
             l.
             a
             year
             ;
             and
             for
             Knockvergus
             and
             Straniford
             2500
             l.
             a
             year
             ,
             so
             here
             is
             above
             5000
             l.
             a
             year
             less
             to
             the
             Crown
             ,
             in
             lieu
             of
             the
             advance
             of
             1350
             l.
             a
             year
             ,
             besides
             the
             increased
             Customs
             ,
             amounting
             to
             12000
             l.
             a
             year
             :
             And
             yet
             he
             again
             hath
             far
             exceeded
             this
             proportion
             .
             We
             say
             further
             ,
             he
             doth
             not
             only
             impose
             on
             the
             Subjects
             ,
             but
             takes
             away
             that
             which
             is
             the
             Subjects
             utterly
             and
             entirely
             ,
             as
             in
             the
             case
             of
             the
             Flax.
             It
             is
             true
             ,
             the
             Employment
             of
             it
             belongs
             to
             Women
             ;
             but
             it
             is
             the
             greatest
             Commodity
             (
             one
             of
             them
             )
             of
             that
             Kingdom
             ,
             and
             of
             greatest
             profit
             ,
             the
             Revenue
             of
             the
             Custom
             of
             it
             being
             800
             l.
             a
             year
             ;
             and
             this
             he
             hath
             gotten
             into
             his
             own
             hands
             and
             possession
             .
             This
             he
             got
             from
             the
             Natives
             ,
             and
             took
             it
             to
             himself
             .
             He
             doth
             for
             that
             purpose
             ,
             issue
             a
             Proclamation
             ,
             That
             they
             shall
             use
             it
             in
             such
             a
             way
             wherein
             the
             Natives
             were
             unskill'd
             ,
             and
             if
             it
             were
             not
             so
             done
             ,
             it
             should
             be
             seized
             ;
             and
             it
             was
             seized
             accordingly
             ,
             yea
             their
             Houses
             broke
             open
             ,
             and
             their
             Goods
             taken
             away
             ,
             and
             brought
             to
             my
             Lord
             of
             Straffords
             house
             ,
             where
             they
             were
             employed
             in
             his
             works
             .
             The
             like
             we
             shall
             instance
             in
             Tobacco
             .
          
           
             15.
             
             Next
             we
             shall
             shew
             to
             Your
             Lordships
             how
             he
             hath
             levied
             War
             upon
             the
             Kings
             Subjects
             .
             We
             opened
             in
             the
             beginning
             ,
             what
             an
             Arbitrary
             Jurisdiction
             he
             set
             up
             ;
             here
             we
             shall
             shew
             how
             he
             used
             it
             by
             a
             meer
             course
             of
             Enmity
             and
             Hostility
             .
             For
             
               (
               My
               Lords
            
             )
             this
             was
             the
             course
             ;
             If
             a
             Decree
             or
             Order
             were
             made
             by
             him
             ,
             and
             not
             obeyed
             ,
             he
             issues
             a
             Warrant
             to
             the
             Sergeant
             at
             Arms
             ,
             to
             go
             to
             the
             next
             Garrison
             ,
             and
             take
             Soldiers
             ,
             with
             an
             Officer
             ,
             and
             carry
             them
             to
             the
             House
             of
             the
             party
             in
             question
             ;
             it
             is
             no
             matter
             where
             it
             was
             ,
             but
             to
             the
             House
             of
             them
             that
             were
             pretended
             to
             be
             disobedient
             ,
             they
             were
             to
             go
             :
             If
             the
             Decree
             had
             been
             to
             raise
             so
             much
             money
             ,
             or
             to
             put
             parties
             in
             possession
             .
             In
             plain
             terms
             ,
             the
             Soldiers
             were
             to
             lye
             like
             Free-booters
             ,
             and
             Enemies
             on
             the
             King's
             People
             ,
             to
             eat
             them
             up
             .
             They
             have
             killed
             their
             Sheep
             ,
             their
             Oxen
             ,
             and
             they
             have
             lain
             not
             on
             the
             parties
             only
             ,
             but
             on
             their
             Tenants
             ,
             till
             the
             party
             comes
             in
             and
             renders
             himself
             .
             They
             have
             burnt
             their
             Houses
             ,
             taken
             their
             Wives
             ,
             and
             Friends
             ,
             and
             carried
             them
             away
             ,
             till
             Obedience
             was
             rendered
             ,
             and
             this
             is
             a
             levying
             of
             War
             upon
             the
             King
             ;
             For
             the
             King
             and
             the
             People
             are
             both
             so
             united
             in
             Affection
             and
             Right
             of
             Law
             ,
             that
             there
             cannot
             be
             Violence
             offered
             to
             the
             King
             ,
             but
             it
             redounds
             to
             the
             People
             ;
             nor
             can
             any
             Oppress
             the
             People
             in
             this
             sort
             ,
             but
             it
             redounds
             to
             His
             Majesty
             .
             Besides
             ,
             it
             is
             contrary
             to
             a
             Law
             of
             that
             Kingdom
             ;
             whereby
             it
             is
             Enacted
             ,
             That
             if
             any
             person
             shall
             assess
             Horse
             or
             Foot
             ,
             on
             any
             of
             the
             Kings
             People
             ,
             without
             their
             consent
             ,
             it
             is
             High
             Treason
             .
          
           
             The
             next
             thing
             we
             shall
             go
             to
             ,
             is
             the
             Favour
             he
             shewed
             to
             the
             Papists
             ,
             in
             their
             Compositions
             and
             Exemptions
             from
             all
             penalties
             of
             Law
             ;
             for
             they
             were
             expresly
             not
             to
             be
             proceeded
             against
             ,
             nor
             to
             be
             Convicted
             ;
             and
             so
             that
             which
             hath
             influence
             into
             Religion
             and
             Reformation
             ,
             is
             quite
             taken
             away
             ,
             and
             nothing
             but
             matter
             of
             Profit
             is
             left
             .
          
           
             The
             next
             Article
             is
             that
             that
             concerns
             the
             Kingdom
             of
             Scotland
             .
             First
             he
             begins
             with
             them
             in
             Ireland
             ;
             contrives
             an
             Oath
             ,
             which
             is
             set
             forth
             in
             the
             Articles
             ,
             That
             they
             shall
             obey
             the
             Kings
             Royal
             Commands
             without
             exception
             .
             This
             he
             enforceth
             ,
             by
             Fining
             and
             Imprisoning
             them
             that
             disobeyed
             him
             :
             And
             so
             in
             all
             the
             other
             particulars
             when
             his
             Proclamations
             
             were
             broken
             ,
             his
             course
             was
             by
             Fine
             and
             Imprisonment
             to
             enforce
             an
             Obedience
             .
          
           
             
               My
               Lords
            
             ,
             He
             doth
             not
             only
             press
             them
             in
             their
             Estates
             ,
             but
             strives
             to
             infuse
             into
             His
             Majesty
             an
             ill
             Opinion
             of
             them
             ;
             he
             provokes
             and
             incites
             Him
             by
             all
             his
             Arguments
             ,
             to
             lay
             down
             his
             Mercy
             and
             Goodness
             ,
             and
             Justice
             ,
             and
             to
             fall
             into
             an
             offensive
             War
             against
             that
             Kingdom
             .
             He
             gives
             out
             ,
             that
             the
             Nation
             of
             them
             (
             not
             this
             or
             that
             man
             )
             are
             Rebels
             and
             Traytors
             :
             And
             if
             it
             please
             the
             King
             to
             bring
             him
             back
             to
             the
             Sword
             (
             indeed
             he
             is
             fit
             for
             that
             ,
             it
             is
             a
             violent
             weapon
             )
             he
             will
             root
             out
             the
             Scottish
             Nation
             ,
             Branch
             and
             Root
             ;
             some
             few
             excepted
             of
             those
             that
             had
             taken
             the
             Oath
             .
          
           
             When
             he
             comes
             into
             England
             ,
             he
             find
             that
             His
             Majesty
             ,
             with
             great
             Wisdom
             ,
             had
             pacified
             those
             Storms
             and
             Troubles
             that
             threatned
             us
             there
             :
             Yet
             he
             doth
             incense
             the
             King
             still
             to
             follow
             this
             to
             an
             Offensive
             War
             ,
             and
             prevails
             ;
             He
             plots
             to
             call
             a
             Parliament
             ,
             but
             with
             an
             intention
             (
             if
             it
             furnished
             not
             his
             design
             )
             it
             should
             be
             broken
             ,
             and
             he
             would
             set
             up
             other
             ways
             of
             force
             to
             raise
             Moneys
             of
             the
             Kingdom
             ;
             and
             this
             fell
             out
             unhappily
             :
             For
             thus
             far
             his
             project
             took
             ,
             the
             Parliament
             was
             broken
             ;
             and
             broken
             at
             the
             very
             time
             when
             the
             subject
             was
             in
             debate
             and
             consideration
             ,
             how
             to
             have
             yielded
             Supply
             to
             His
             Majesty
             .
          
           
             But
             that
             he
             might
             break
             it
             ,
             he
             falsly
             informs
             the
             King
             ,
             That
             the
             Parliament
             had
             denied
             to
             Supply
             him
             ;
             there
             is
             his
             Counsel
             ,
             that
             the
             Parliament
             had
             forsaken
             the
             King
             ;
             and
             now
             the
             King
             having
             tryed
             his
             People
             ,
             might
             use
             all
             other
             ways
             for
             the
             procuring
             and
             raising
             of
             moneys
             ;
             and
             the
             same
             day
             wherein
             that
             Parliament
             was
             unhappily
             Dissolved
             ,
             he
             gives
             his
             further
             Counsel
             to
             His
             Majesty
             ,
             (
             which
             because
             no
             man
             can
             put
             such
             a
             Spirit
             of
             Malice
             into
             the
             words
             besides
             himself
             ,
             I
             shall
             take
             the
             boldness
             to
             read
             )
             That
             having
             tryed
             the
             Affections
             of
             his
             People
             ,
             he
             was
             loose
             and
             absolved
             from
             all
             Rules
             of
             Government
             ;
             and
             he
             was
             to
             do
             every
             thing
             that
             Power
             would
             admit
             .
             And
             that
             His
             Majesty
             had
             tryed
             all
             ways
             ,
             and
             was
             refused
             ,
             and
             should
             be
             acquitted
             both
             of
             God
             and
             man.
             And
             that
             His
             Majesty
             had
             an
             Army
             in
             Ireland
             ,
             which
             he
             might
             employ
             to
             reduce
             this
             Kingdom
             .
             It
             is
             added
             in
             the
             printed
             Book
             (
             to
             reduce
             them
             to
             Obedience
             )
             I
             know
             not
             who
             Printed
             it
             ,
             but
             the
             Charge
             is
             only
             (
             to
             reduce
             this
             Kingdom
             .
             )
          
           
             And
             
               (
               My
               Lords
            
             )
             you
             may
             please
             to
             consider
             ,
             what
             a
             sad
             time
             this
             man
             took
             to
             reflect
             upon
             these
             bad
             Councels
             ,
             when
             our
             Hearts
             were
             swoln
             with
             Sorrow
             for
             that
             unhappy
             breach
             of
             the
             last
             Parliament
             .
             And
             what
             doth
             he
             advise
             the
             King
             ?
             what
             positions
             offers
             he
             ?
             That
             he
             was
             absolved
             from
             all
             Rules
             of
             Government
             .
             If
             there
             be
             no
             Rule
             of
             Government
             ,
             
               (
               My
               Lords
            
             )
             where
             is
             the
             Rule
             of
             Obedience
             ?
             for
             how
             shall
             the
             People
             know
             to
             obey
             ,
             when
             there
             is
             no
             Rule
             to
             direct
             them
             what
             to
             obey
             ?
             He
             tells
             the
             King
             he
             was
             refused
             ,
             which
             was
             untrue
             ;
             for
             he
             was
             not
             refused
             to
             the
             last
             breath
             we
             had
             in
             Parliament
             :
             but
             we
             spake
             in
             that
             point
             ,
             how
             to
             supply
             the
             King
             ,
             and
             to
             prefer
             it
             at
             that
             time
             ,
             before
             the
             Complaints
             of
             our
             just
             Grievances
             .
          
           
             But
             what
             doth
             he
             fall
             into
             ?
             that
             which
             in
             another
             Article
             we
             charge
             him
             with
             ,
             a
             Plot
             and
             Conspiracy
             betwixt
             him
             and
             Sir
             
               George
               Ratcliffe
            
             to
             bring
             in
             the
             Irish
             Army
             for
             our
             Confusion
             ,
             to
             root
             out
             our
             Laws
             and
             Government
             ;
             a
             pernicious
             Counsel
             .
             He
             says
             not
             you
             shall
             do
             it
             ;
             but
             he
             that
             perswades
             it
             ,
             doth
             as
             much
             as
             if
             in
             express
             terms
             he
             had
             councelled
             the
             acting
             of
             it
             .
             Doth
             he
             mean
             that
             we
             should
             be
             to
             his
             Irish
             Pattern
             ;
             (
             for
             speaking
             of
             the
             Irish
             Army
             ,
             consisting
             of
             Papists
             and
             his
             Adherents
             ,
             
             he
             said
             ,
             that
             he
             would
             make
             it
             a
             Pattern
             for
             all
             the
             Kingdoms
             ;
             )
             did
             he
             mean
             to
             reduce
             us
             to
             the
             Pattern
             that
             he
             had
             placed
             in
             Ireland
             ?
             Surely
             he
             meant
             to
             reduce
             us
             to
             a
             Chaos
             and
             Confusion
             .
             He
             would
             have
             us
             without
             all
             Rules
             of
             Government
             ;
             and
             these
             be
             the
             means
             ,
             wicked
             and
             cruel
             Councels
             ,
             and
             the
             Cruelty
             of
             an
             Army
             inspired
             with
             his
             Spirit
             ,
             and
             consisting
             of
             Papists
             ,
             Enemies
             of
             our
             Religion
             :
             And
             what
             Mercy
             could
             we
             of
             this
             Religion
             expect
             from
             Popish
             Enemies
             with
             Swords
             in
             their
             hands
             ?
             That
             cannot
             but
             strike
             all
             English
             Hearts
             with
             Horrour
             and
             Dread
             ,
             that
             an
             Irish
             Army
             should
             be
             brought
             into
             England
             to
             reduce
             the
             Subjects
             of
             England
             .
             I
             hope
             we
             never
             were
             so
             far
             gone
             in
             any
             thing
             ,
             as
             that
             we
             should
             need
             an
             Army
             to
             reduce
             us
             .
             I
             cannot
             but
             say
             here
             is
             the
             Counsel
             of
             Haman
             ,
             when
             he
             would
             in
             one
             day
             cut
             off
             all
             the
             Iewish
             Nation
             ,
             and
             have
             the
             King
             intend
             a
             Favour
             to
             him
             .
             The
             King
             propounds
             a
             question
             ,
             What
             shall
             be
             done
             to
             the
             man
             whom
             the
             King
             will
             Honour
             ?
             Haman
             thought
             in
             his
             heart
             ,
             Whom
             will
             the
             King
             Honour
             but
             my self
             ?
             And
             so
             my
             Lord
             of
             Strafford
             having
             raised
             this
             Army
             ,
             it
             was
             set
             up
             by
             him
             ;
             and
             if
             such
             a
             Counsel
             as
             this
             was
             entertained
             ,
             into
             whose
             hands
             should
             it
             be
             put
             ?
             (
             here
             were
             Hamans
             thoughts
             )
             who
             should
             have
             the
             Power
             of
             it
             ,
             but
             he
             that
             hath
             inspired
             it
             ,
             and
             since
             maintained
             it
             .
          
           
             Truly
             
               (
               My
               Lords
            
             )
             it
             was
             a
             desperate
             Counsel
             ;
             and
             methinks
             the
             Counsel
             of
             Achitophel
             might
             have
             been
             compared
             to
             it
             :
             for
             when
             he
             had
             stirred
             up
             the
             Rebellion
             of
             Absalom
             against
             his
             Father
             ,
             he
             perswades
             Absalom
             to
             that
             which
             might
             breed
             an
             irreconcilable
             hatred
             between
             them
             .
             Yet
             a
             Father
             and
             a
             Son
             might
             be
             reconciled
             .
             But
             he
             that
             adheres
             to
             the
             Son
             in
             this
             case
             ,
             might
             not
             so
             easily
             forgive
             .
             Therefore
             this
             Lord
             falls
             upon
             a
             Counsel
             which
             he
             thought
             would
             never
             be
             forgiven
             .
             A
             Counsel
             of
             irreconcilable
             difference
             ,
             to
             subdue
             us
             by
             Force
             and
             Power
             ;
             and
             takes
             away
             all
             possibility
             of
             Addressing
             our
             Complaints
             to
             the
             King
             ,
             as
             he
             had
             done
             from
             those
             of
             Ireland
             ;
             when
             he
             not
             only
             forestalls
             their
             Complaints
             ,
             but
             by
             a
             Proclamation
             takes
             order
             ,
             that
             none
             should
             come
             over
             too
             ,
             without
             his
             Licence
             ;
             which
             was
             in
             effect
             ,
             that
             none
             should
             complain
             of
             his
             Oppression
             without
             his
             good
             liking
             .
          
           
             Some
             violent
             Speeches
             he
             uses
             ,
             suitable
             to
             these
             Counsels
             ,
             That
             no
             good
             would
             be
             done
             upon
             the
             Aldermen
             ,
             till
             they
             were
             hanged
             ;
             That
             the
             French
             King
             employed
             Commissaries
             to
             look
             into
             mens
             Estates
             ;
             which
             will
             be
             insisted
             upon
             in
             their
             proper
             place
             .
          
           
             Next
             ,
             he
             levied
             eight
             pence
             a
             day
             for
             maintenance
             of
             the
             Trained
             Soldiers
             ,
             against
             the
             Will
             of
             the
             Country
             ,
             which
             he
             said
             was
             done
             by
             the
             consent
             of
             the
             Lords
             of
             the
             great
             Councel
             ;
             which
             we
             know
             is
             untrue
             .
             And
             we
             shall
             prove
             it
             untrue
             in
             the
             other
             part
             ,
             where
             he
             says
             ,
             it
             was
             done
             freely
             ,
             by
             consent
             of
             the
             Gentlemen
             of
             the
             Country
             :
             Most
             of
             them
             that
             did
             consent
             ,
             were
             his
             own
             Friends
             ,
             and
             Papists
             .
             But
             the
             Petition
             of
             the
             Country
             ,
             (
             as
             to
             that
             part
             of
             it
             that
             concerns
             a
             Parliament
             )
             he
             rejected
             ,
             because
             he
             would
             have
             no
             Parliament
             .
             And
             he
             prefers
             another
             in
             the
             name
             of
             the
             Country
             ,
             and
             that
             he
             calls
             ,
             The
             Petition
             of
             the
             Country
             .
          
           
             And
             now
             I
             shall
             apply
             my self
             to
             the
             proofs
             ;
             and
             shall
             take
             care
             to
             offer
             nothing
             ,
             but
             what
             will
             fall
             out
             to
             be
             proved
             .
             And
             shall
             first
             apply
             my self
             to
             the
             first
             Article
             ,
             concerning
             the
             Commission
             for
             the
             North
             parts
             ;
             where
             an
             Arbitrary
             Power
             was
             thereby
             granted
             ,
             as
             is
             used
             in
             the
             Star-Chamber
             and
             Chancery
             .
          
           
           
             In
             the
             opening
             of
             it
             ,
             first
             we
             shall
             produce
             the
             Commission
             of
             8
             Car.
             and
             that
             of
             13
             differs
             but
             little
             from
             it
             .
             We
             shall
             shew
             that
             these
             Clauses
             were
             procured
             by
             him
             to
             be
             inserted
             upon
             occasion
             of
             a
             Gentlemans
             ,
             Sir
             
               Thomas
               Gore
            
             being
             Fined
             in
             the
             Court
             of
             Star-Chamber
             there
             ,
             and
             his
             being
             Arrested
             by
             a
             Warrant
             from
             my
             Lord
             Wentworth
             here
             in
             London
             .
             We
             do
             not
             go
             about
             to
             prove
             that
             he
             solicited
             for
             this
             Commission
             ,
             but
             that
             he
             expressed
             his
             desire
             of
             it
             ;
             and
             upon
             that
             it
             was
             granted
             .
          
           
             We
             shall
             prove
             that
             it
             was
             executed
             in
             this
             high
             manner
             ,
             that
             when
             Prohibitions
             have
             been
             taken
             out
             ,
             he
             hath
             punished
             the
             parties
             ,
             some
             he
             hath
             threatned
             ;
             Nay
             ,
             Money
             hath
             been
             given
             to
             those
             that
             were
             Defendants
             in
             the
             Prohibition
             .
             And
             we
             shall
             offer
             this
             too
             ,
             The
             Judge
             is
             dead
             before
             whom
             it
             was
             ;
             but
             upon
             occasion
             of
             a
             Prohibition
             ,
             he
             went
             to
             a
             Judge
             ,
             a
             Reverend
             and
             Just
             man
             ,
             Mr.
             Justice
             Hutton
             ;
             what
             was
             said
             privately
             between
             them
             ,
             we
             cannot
             tell
             ;
             but
             we
             shall
             prove
             ,
             that
             Mr.
             Justice
             Hutton
             complained
             with
             Tears
             in
             his
             Eyes
             ,
             how
             that
             Lord
             used
             him
             about
             a
             Prohibition
             :
             And
             so
             we
             shall
             leave
             this
             Article
             with
             this
             .
             We
             shall
             not
             go
             about
             to
             prove
             Decrees
             ,
             for
             which
             he
             might
             have
             Colour
             ;
             but
             for
             these
             Clauses
             he
             could
             have
             no
             Colour
             ,
             they
             never
             being
             in
             any
             Commission
             before
             .
          
           
           
           
             THE
             First
             Article
             .
             
               The
               Charge
            
             .
          
           
             THat
             the
             said
             Earl
             of
             Strafford
             the
             21st
             day
             of
             March
             ,
             in
             the
             Eighth
             year
             of
             His
             Majesties
             Raign
             ,
             was
             President
             of
             the
             Kings
             Council
             
             in
             the
             Northern
             parts
             of
             England
             .
          
           
             That
             the
             said
             Earl
             being
             President
             of
             the
             said
             Council
             ,
             on
             the
             21st
             of
             March
             ,
             a
             Commission
             under
             the
             Great
             Seal
             of
             England
             ,
             with
             certain
             Schedules
             of
             Instructions
             thereunto
             annexed
             ,
             was
             directed
             to
             the
             said
             Earl
             ,
             or
             others
             the
             Commissioners
             therein
             named
             ;
             whereby
             ,
             among
             other
             things
             ,
             Power
             and
             Authority
             is
             limited
             to
             the
             said
             Earl
             ,
             and
             others
             the
             Commissioners
             therein
             named
             ,
             to
             hear
             and
             determine
             all
             Offences
             and
             Misdemeanours
             ,
             Suits
             ,
             Debates
             ,
             Controversies
             and
             Demands
             ,
             Causes
             ,
             Things
             and
             Matters
             whatsoever
             ,
             therein
             contained
             ,
             and
             within
             certain
             Precincts
             in
             the
             said
             Northern
             parts
             therein
             specified
             ,
             and
             in
             such
             manner
             as
             by
             the
             said
             Schedule
             is
             limited
             and
             appointed
             .
          
           
             That
             amongst
             other
             things
             in
             the
             said
             Instructions
             ,
             it
             is
             directed
             ,
             That
             the
             said
             President
             ,
             and
             others
             therein
             appointed
             ,
             shall
             hear
             and
             determine
             ,
             according
             to
             the
             Course
             of
             Procéedings
             in
             the
             Court
             of
             Star-Chamber
             ,
             divers
             Offences
             ,
             Deceits
             and
             Fal●ties
             therein
             mentioned
             ,
             whether
             the
             same
             be
             provided
             for
             by
             Acts
             of
             Parliament
             ,
             or
             not
             ,
             so
             that
             the
             Fines
             imposed
             ,
             be
             not
             less
             than
             by
             the
             Act
             or
             Acts
             of
             Parliament
             provided
             against
             those
             Offences
             ,
             is
             appointed
             .
          
           
             That
             also
             ,
             amongst
             other
             things
             in
             the
             said
             Instructions
             ,
             it
             is
             directed
             ,
             That
             the
             said
             President
             ,
             and
             others
             therein
             appointed
             ,
             have
             Power
             to
             Examine
             ,
             Hear
             and
             Determine
             ,
             according
             to
             the
             course
             of
             Procéedings
             in
             the
             Court
             of
             Chancery
             ,
             all
             manner
             of
             Complaints
             for
             any
             matter
             within
             the
             said
             Precincts
             ,
             as
             well
             concerning
             Lands
             ,
             Tenements
             and
             Hereditaments
             ,
             either
             Frée-hold
             Customary
             ,
             or
             Copy-hold
             ,
             as
             Leases
             ,
             and
             other
             things
             therein
             mentioned
             ;
             and
             to
             stay
             Procéedings
             in
             the
             Court
             of
             Common
             Law
             ,
             by
             Injunction
             ,
             or
             otherwise
             ,
             by
             all
             ways
             and
             means
             ,
             as
             is
             used
             in
             the
             Court
             of
             Chancery
             .
          
           
             And
             although
             the
             former
             Presidents
             of
             the
             said
             Council
             had
             never
             put
             in
             Practice
             such
             Instructions
             ,
             nor
             had
             they
             any
             such
             Instructions
             ,
             yet
             the
             said
             Earl
             in
             the
             Month
             of
             May
             ,
             in
             the
             said
             Eighth
             year
             ,
             and
             divers
             years
             following
             ,
             did
             put
             in
             Practice
             ,
             Exercise
             and
             Use
             ,
             and
             caused
             to
             be
             used
             and
             put
             in
             practice
             ,
             the
             said
             Commission
             and
             Instructions
             ;
             and
             did
             direct
             and
             exercise
             an
             exorbitant
             and
             unlawful
             Power
             and
             Iurisdiction
             over
             the
             Persons
             and
             Estates
             of
             His
             Majesties
             Subjects
             in
             these
             parts
             ,
             
             and
             did
             Dis-inherit
             divers
             of
             His
             Majesties
             Subjects
             in
             those
             parts
             of
             their
             Inheritances
             ,
             Sequestred
             their
             Possessions
             ,
             and
             did
             Fine
             ,
             Ransom
             ,
             Punish
             ,
             and
             Imprison
             them
             ,
             and
             caused
             them
             to
             be
             Fined
             ,
             Ransomed
             ,
             Punished
             and
             Imprisoned
             ,
             to
             their
             Ruine
             and
             Destruction
             ;
             and
             namely
             ,
             Sir
             
               Coniers
               Darcy
            
             ,
             Sir
             
               John
               Bourcher
            
             ,
             and
             divers
             others
             ,
             against
             the
             Laws
             ,
             and
             in
             Subversion
             of
             the
             same
             .
             And
             the
             said
             Commission
             and
             Instructions
             ,
             were
             procured
             and
             issued
             by
             Advice
             of
             the
             said
             Earl.
             
          
           
             And
             he
             the
             said
             Earl
             ,
             to
             the
             intent
             that
             such
             illegal
             and
             unjust
             Power
             might
             be
             exercised
             with
             the
             greater
             Licence
             and
             Will
             ,
             did
             Advise
             ,
             Counsel
             ,
             and
             Procure
             further
             directions
             ,
             in
             and
             by
             the
             said
             Instructions
             to
             be
             given
             ,
             that
             no
             Prohibition
             be
             granted
             at
             all
             ,
             but
             in
             cases
             where
             the
             said
             Council
             shall
             excéed
             the
             limits
             of
             the
             said
             Instructions
             .
             And
             that
             if
             any
             Writ
             of
             
               Habeas
               Corpus
            
             be
             granted
             ,
             the
             party
             be
             not
             discharged
             till
             the
             party
             perform
             the
             Decrée
             and
             Order
             of
             the
             said
             Council
             .
          
           
             And
             the
             said
             Earl
             in
             the
             13th
             year
             of
             His
             Majesties
             Reign
             ,
             did
             procure
             a
             new
             Commission
             to
             himself
             ,
             and
             others
             therein
             appointed
             ,
             with
             the
             said
             Instructions
             ,
             and
             other
             unlawful
             Additions
             .
          
           
             That
             the
             said
             Commission
             and
             Instructions
             ,
             were
             procured
             by
             the
             Solicitation
             and
             Advice
             of
             the
             said
             Earl
             of
             Strafford
             .
          
           
             
               Proofs
               touching
               the
               Commission
               for
               Government
               in
               the
               North
               ,
               enlarged
               .
            
             
               To
               the
               point
               of
               Star-Chamber
               Power
               .
            
             
               THe
               Commission
               granted
               21
               Mar.
               8
               Car.
               was
               read
               ,
               19
               Article
               ,
               whereby
               my
               Lord
               as
               President
               ,
               or
               in
               his
               absence
               the
               Vice-President
               ,
               assisted
               ,
               
                 (
                 prout
              
               in
               the
               Commission
               )
               are
               authorized
               to
               hear
               ,
               end
               and
               determine
               ,
               according
               to
               the
               Course
               of
               proceedings
               in
               the
               Star-Chamber
               ,
               all
               and
               all
               manner
               of
               Forgeries
               ,
               Extortions
               ,
               &c.
               And
               to
               Fine
               ,
               &c.
               
               So
               as
               the
               Fines
               imposed
               be
               not
               less
               than
               by
               the
               Acts
               of
               Parliament
               is
               provided
               ,
               &c.
               
            
             
               Whence
               observe
               ,
               That
               he
               would
               have
               power
               in
               Fining
               to
               go
               beyond
               ,
               but
               not
               less
               than
               the
               Fines
               in
               the
               Act
               of
               Parliament
               .
               
            
          
           
             
               To
               the
               point
               of
               Chancery
               Iurisdiction
               .
            
             
               Article
               23.
               was
               read
               ,
               whereby
               Power
               is
               given
               by
               Injunction
               ,
               to
               stay
               Proceedings
               in
               any
               Court
               of
               Common
               Law.
               
            
             
               Article
               28.
               was
               read
               ,
               whereby
               Power
               is
               given
               to
               send
               the
               Sergeant
               at
               Armes
               ,
               and
               Attach
               in
               any
               part
               of
               the
               Realm
               of
               England
               ;
               and
               to
               bring
               before
               the
               Lord
               President
               ,
               &c.
               any
               person
               departing
               the
               Jurisdiction
               of
               that
               Court
               ,
               after
               Commission
               of
               Rebellion
               sued
               forth
               .
            
             
               Article
               29.
               whereby
               is
               granted
               ,
               That
               no
               Prohibition
               be
               granted
               in
               the
               Court
               of
               Westminster
               ,
               to
               stay
               Proceedings
               in
               that
               Court.
               But
               in
               cases
               where
               the
               Court
               of
               the
               President
               shall
               exceed
               the
               Kings
               Instructions
               ;
               and
               if
               any
               
                 Habeas
                 Corpus
              
               shall
               be
               sued
               forth
               for
               not
               performing
               the
               Order
               of
               that
               Court
               ,
               the
               party
               Committed
               ,
               not
               to
               be
               discharged
               ,
               so
               long
               as
               such
               
               Orders
               shall
               stand
               in
               force
               ;
               and
               if
               any
               Fine
               be
               thereupon
               estreated
               ,
               The
               Treasurer
               and
               Barons
               of
               the
               Exchequer
               to
               discharge
               it
               .
            
             
               Whence
               observe
               ,
               That
               the
               not
               granting
               of
               Prohibitions
               ,
               or
               Habeas
               
               
               Corpus's
               ,
               and
               the
               discharging
               of
               the
               Fines
               estreated
               ,
               are
               new
               .
            
             
               
                 To
                 the
                 sending
                 of
                 Proces
                 actually
                 before
                 these
                 Clauses
                 granted
                 ;
                 and
                 to
                 the
                 Earl
                 of
              
               Straffords
               
                 procuring
                 the
                 Clause
                 to
                 be
                 supplyed
                 ,
                 when
                 he
                 found
                 the
                 Defect
                 .
              
            
             
               
                 Iohn
                 Gore
              
               Sworn
               ;
               and
               being
               interrogated
               how
               his
               Father
               was
               Arrested
               ,
               and
               how
               long
               before
               this
               Commission
               ?
            
             
               Answered
               ,
               That
               Sir
               
                 Thomas
                 Gore
              
               his
               Father
               ,
               was
               Arrested
               in
               London
               ,
               
               by
               a
               Sergeant
               at
               Armes
               ;
               That
               his
               Father
               conceiving
               it
               to
               be
               out
               of
               the
               Instructions
               at
               Yorke
               ,
               did
               Appeal
               to
               the
               Council-Table
               :
               That
               Mr.
               Mason
               argued
               for
               his
               Father
               ,
               and
               made
               it
               appear
               ,
               That
               the
               President
               and
               Council
               had
               no
               Instructions
               to
               take
               a
               man
               without
               the
               precincts
               of
               the
               Court.
               That
               my
               Lord
               of
               Strafford
               fell
               on
               his
               Knees
               ,
               and
               besought
               the
               King
               ,
               That
               if
               his
               Instructions
               might
               not
               be
               so
               good
               as
               to
               bring
               in
               a
               Delinquent
               that
               had
               affronted
               the
               Court
               ,
               if
               by
               stepping
               over
               the
               water
               he
               should
               go
               beyond
               the
               precincts
               of
               it
               ,
               he
               might
               leave
               that
               Service
               ,
               and
               lay
               his
               Bones
               in
               his
               own
               Cottage
               .
            
             
               That
               his
               Father
               was
               Arrested
               in
               November
               ,
               1632.
               as
               he
               takes
               it
               ,
               and
               was
               kept
               18
               Weeks
               before
               he
               was
               discharged
               .
            
             
               
                 Evers
                 Gower
              
               Sworn
               ,
               and
               Interrogated
               about
               the
               time
               of
               his
               Fathers
               Arrest
               :
            
             
               Answered
               ,
               That
               it
               was
               in
               November
               ,
               1632.
               and
               his
               Father
               kept
               in
               Prison
               14
               or
               18
               Weeks
               ;
               but
               referred
               to
               his
               Brothers
               Deposition
               for
               a
               
               more
               particular
               Answer
               .
            
          
           
             
               To
               the
               matter
               of
               Prohibitions
               ;
            
             
               
                 Iohn
                 Musgrave
              
               Sworn
               ;
               was
               examined
               ,
               Whether
               he
               knew
               of
               any
               Prohibition
               sued
               forth
               in
               Vaux
               his
               Cause
               :
               And
               whether
               a
               Warrant
               were
               granted
               to
               Attach
               :
               What
               Threats
               my
               Lord
               of
               Strafford
               used
               to
               the
               party
               that
               sued
               it
               out
               ,
               being
               after
               
                 Octavo
                 Caroli
              
               .
            
             
               After
               some
               Exceptions
               taken
               to
               it
               by
               the
               Earl
               of
               Strafford
               ,
               as
               not
               being
               within
               the
               Charge
               ,
               
                 
                   The
                   Witness
                   Answered
                   ,
                
              
            
             
               That
               he
               knew
               of
               an
               English
               Suit
               between
               Musgrave
               and
               Vaux
               :
               That
               
               upon
               notice
               given
               by
               Musgrave
               ,
               a
               Prohibition
               was
               procured
               ;
               Direction
               was
               given
               ,
               that
               an
               Affidavit
               should
               be
               made
               of
               serving
               the
               Prohibition
               .
               That
               Affidavit
               being
               made
               ,
               a
               Warrant
               was
               directed
               to
               the
               Pursevant
               ,
               or
               his
               Deputy
               ,
               to
               Arrest
               Vaux
               .
               On
               which
               ,
               he
               was
               Arrested
               ,
               and
               Rescued
               .
               That
               after
               Affidavit
               made
               of
               the
               Rescue
               ,
               a
               further
               Warrant
               was
               sued
               forth
               for
               bringing
               in
               of
               the
               Rescuers
               from
               London
               ;
               which
               Warrant
               was
               now
               produced
               .
               That
               the
               Rescuers
               being
               thereupon
               brought
               to
               Yorke
               ;
               and
               having
               lain
               several
               days
               in
               Prison
               ,
               an
               Information
               was
               Exhibited
               by
               Sir
               
                 George
                 Ratcliffe
              
               ,
               then
               the
               Kings
               Attorney
               at
               Yorke
               ,
               by
               relation
               of
               
                 Francis
                 Musgrave
              
               :
               To
               which
               they
               did
               Answer
               .
               And
               after
               ,
               upon
               full
               hearing
               ,
               That
               before
               the
               Censure
               ,
               he
               the
               Deponent
               ,
               in
               Michaelmas
               Term
               ,
               before
               1632.
               did
               come
               to
               London
               on
               behalf
               of
               
                 Francis
                 Musgrave
              
               ,
               to
               move
               the
               
               Court
               of
               Common-Pleas
               ,
               to
               have
               the
               Prohibition
               dissolved
               :
               And
               likewise
               Vaux
               did
               procure
               a
               Rule
               for
               a
               Prohibition
               in
               the
               Information
               Cause
               ;
               which
               the
               Witness
               offered
               to
               shew
               under
               the
               Court
               Hand
               ,
               That
               it
               was
               moved
               by
               Sir
               
                 Robert
                 Heath
              
               ,
               that
               the
               difference
               might
               be
               referred
               to
               Mr.
               Justice
               Hutton
               ,
               and
               Sir
               
                 Robert
                 Heath
              
               .
               That
               he
               the
               Deponent
               undertook
               for
               Musgrave
               ,
               and
               Vaux
               did
               submit
               :
               That
               afterwards
               ,
               by
               Sir
               
                 George
                 Ratcliffes
              
               direction
               ,
               thinking
               it
               not
               fit
               to
               refer
               the
               Cause
               ,
               it
               concerning
               the
               Jurisdiction
               of
               the
               Court
               of
               York
               .
               My
               Lord
               President
               being
               acquainted
               with
               it
               ,
               the
               Reference
               went
               not
               on
               that
               Term
               ,
               but
               stayed
               till
               the
               Presidents
               pleasure
               was
               known
               ;
               with
               which
               Mr.
               Justice
               Hutton
               was
               made
               acquainted
               .
               That
               in
               December
               ,
               upon
               his
               this
               Deponents
               return
               to
               York
               ;
               and
               upon
               hearing
               the
               Information
               Cause
               ,
               December
               1632.
               
               Sir
               
                 George
                 Ratcliffe
              
               did
               offer
               to
               the
               Court
               ,
               (
               the
               Lord
               President
               being
               there
               )
               whether
               he
               might
               go
               on
               in
               the
               Information
               Cause
               ;
               (
               for
               that
               there
               was
               a
               Reference
               between
               Musgrave
               and
               Vaux
               ,
               to
               Justice
               Hutton
               and
               Sir
               
                 Robert
                 Heath
              
               )
               or
               whether
               the
               Reference
               might
               go
               on
               or
               no
               ?
               That
               the
               Lord
               President
               thereupon
               answered
               ,
               That
               a
               Rule
               for
               a
               Prohibition
               ,
               was
               no
               Prohibition
               ;
               but
               if
               there
               were
               one
               ,
               he
               would
               not
               obey
               it
               :
               And
               whosoever
               brought
               a
               Prohibition
               there
               ,
               he
               would
               lay
               him
               by
               the
               heels
               .
               And
               as
               he
               the
               Deponent
               remembred
               ,
               he
               directed
               his
               Speech
               to
               the
               Register
               of
               the
               Court
               ;
               and
               told
               him
               ,
               there
               was
               a
               Letter
               from
               the
               King
               to
               that
               purpose
               :
               but
               that
               ,
               he
               said
               ,
               he
               could
               not
               very
               well
               remember
               .
               And
               as
               touching
               the
               Reference
               ,
               my
               Lord
               said
               ,
               It
               was
               a
               Cause
               that
               concerned
               the
               Jurisdiction
               of
               the
               Court
               of
               York
               ;
               and
               no
               private
               man
               should
               end
               it
               :
               He
               would
               try
               the
               Jurisdiction
               of
               the
               Court
               upon
               it
               ;
               and
               the
               next
               Term
               would
               go
               to
               London
               ,
               and
               acquaint
               the
               Judges
               with
               it
               ;
               and
               if
               they
               remanded
               the
               Cause
               back
               again
               ,
               so
               ;
               if
               not
               ,
               he
               would
               Appeal
               to
               the
               King
               in
               it
               .
            
             
               That
               after
               Christmas
               ,
               in
               Candlemas
               Term
               ,
               1632.
               
               He
               the
               Deponent
               went
               to
               London
               with
               my
               Lord
               ,
               and
               moved
               again
               for
               dissolving
               the
               Prohibition
               ,
               and
               for
               Liberty
               to
               proceed
               .
               That
               again
               it
               was
               agreed
               between
               the
               Judges
               of
               that
               Court
               ,
               and
               my
               Lord
               ,
               to
               have
               a
               Treaty
               :
               And
               several
               Treaties
               they
               had
               ,
               but
               could
               not
               agree
               .
               The
               effect
               of
               the
               Treaty
               was
               ,
               That
               if
               a
               Trial
               could
               be
               directed
               at
               Law
               upon
               a
               fained
               Action
               ,
               I
               should
               go
               to
               Law
               ,
               reserving
               the
               Equity
               to
               the
               Court
               ;
               if
               not
               ,
               that
               the
               Judges
               would
               remand
               the
               Cause
               back
               again
               .
               But
               after
               they
               had
               several
               days
               met
               ,
               and
               no
               Trial
               could
               be
               directed
               ,
               nor
               any
               Action
               devised
               at
               Law
               to
               try
               it
               ,
               my
               Lord
               thereupon
               said
               ,
               He
               would
               give
               no
               further
               meeting
               ,
               but
               would
               Appeal
               to
               the
               King
               ;
               and
               the
               party
               should
               Petition
               :
               On
               which
               ,
               a
               Petition
               was
               drawn
               ,
               which
               the
               Deponent
               offered
               .
               And
               the
               Judge
               speaking
               something
               of
               Vaux
               ,
               my
               Lord
               said
               ,
               he
               should
               not
               be
               in
               England
               ,
               but
               he
               would
               have
               his
               Body
               ;
               or
               words
               to
               that
               purpose
               .
            
             
               
                 F.
                 Thorpe
              
               Sworn
               ;
               being
               interrogated
               touching
               some
               words
               he
               heard
               Mr.
               Justice
               Hutton
               speak
               touching
               these
               Prohibitions
               ,
               and
               some
               other
               things
               in
               that
               point
               ,
            
             
               He
               Answered
               ,
               He
               would
               give
               the
               best
               account
               he
               could
               of
               what
               passed
               ;
               being
               divers
               years
               since
               :
               That
               he
               was
               with
               Justice
               Hutton
               in
               his
               Study
               ,
               
               and
               they
               had
               Conference
               together
               (
               as
               they
               had
               many
               times
               )
               touching
               that
               height
               that
               my
               Lord
               of
               Strafford
               was
               pleased
               to
               carry
               the
               business
               of
               York-shire
               with
               :
               And
               that
               amongst
               other
               things
               ,
               my
               Lord
               was
               pleased
               to
               say
               ,
               my
               Lord
               had
               been
               with
               him
               ,
               and
               shewed
               himself
               very
               angry
               with
               him
               ,
               because
               he
               had
               granted
               a
               Prohibition
               .
               And
               this
               is
               all
               he
               could
               remember
               ;
               He
               took
               it
               to
               be
               seven
               years
               ago
               ,
               and
               in
               the
               Cause
               that
               concerned
               
               Vaux
               ,
               as
               he
               took
               it
               ;
               and
               this
               was
               at
               London
               :
               And
               added
               ,
               That
               the
               Judge
               spake
               with
               a
               great
               deal
               of
               Passion
               ,
               to
               think
               things
               should
               be
               carried
               in
               that
               manner
               as
               they
               were
               ,
               that
               the
               Judges
               should
               not
               have
               Liberty
               to
               grant
               Prohibitions
               :
               For
               the
               Judge
               said
               ,
               that
               he
               had
               thus
               debated
               the
               business
               with
               my
               Lord
               ,
               Why
               should
               you
               be
               angry
               for
               granting
               of
               Prohibitions
               ?
               They
               in
               the
               Kings-Bench
               can
               grant
               Writs
               of
               Error
               to
               examine
               our
               Proceedings
               ;
               and
               we
               think
               it
               no
               offence
               ,
               and
               hold
               our selves
               as
               able
               to
               Judge
               ,
               as
               they
               :
               And
               it
               is
               the
               Justice
               of
               the
               Law
               that
               requires
               it
               to
               be
               so
               ;
               and
               therefore
               you
               must
               submit
               to
               us
               ,
               as
               we
               must
               submit
               to
               them
               .
            
             
               
                 F.
                 Thorpe
              
               being
               asked
               what
               he
               knew
               of
               my
               Lord
               of
               Straffords
               distast
               against
               them
               that
               sued
               out
               ,
               or
               solicited
               ,
               or
               councelled
               Prohibitions
               ,
               or
               Habeas
               Corpus's
               ?
            
             
               He
               first
               desired
               to
               be
               excused
               from
               saying
               any
               thing
               that
               concerned
               himself
               ;
               but
               being
               commanded
               to
               speak
               ,
            
             
               He
               Answered
               ,
               That
               he
               would
               speak
               nothing
               but
               the
               Truth
               ,
               if
               he
               must
               do
               it
               ,
               though
               he
               perish
               for
               it
               :
               And
               he
               professed
               ,
               that
               he
               had
               not
               spoken
               in
               any
               place
               ,
               to
               any
               person
               ,
               what
               he
               was
               now
               to
               say
               .
            
             
               That
               in
               the
               beginning
               of
               my
               Lord
               of
               
               Strafford's
               time
               ,
               it
               fell
               to
               him
               ,
               in
               his
               ordinary
               course
               of
               Practice
               ,
               to
               move
               for
               a
               Prohibition
               ;
               and
               on
               his
               motion
               some
               were
               obtained
               .
            
             
               That
               he
               was
               informed
               by
               divers
               men
               ,
               that
               my
               Lord
               of
               Strafford
               was
               much
               offended
               with
               him
               ;
               and
               some
               spoke
               it
               to
               him
               by
               way
               of
               Threat
               ,
               some
               others
               by
               way
               of
               Advice
               and
               Friendship
               .
            
             
               That
               he
               should
               give
               over
               moving
               for
               Prohibitions
               ,
               which
               he
               did
               not
               understand
               to
               be
               a
               fault
               ,
               since
               the
               Justice
               of
               the
               Kingdom
               was
               ,
               that
               they
               should
               be
               granted
               ;
               and
               it
               continued
               a
               matter
               of
               a
               year
               after
               .
            
             
               That
               then
               he
               took
               an
               occasion
               to
               go
               to
               my
               Lords
               House
               to
               Gantropp
               ;
               and
               his
               Errand
               was
               ,
               partly
               to
               present
               his
               humble
               Duty
               and
               Service
               to
               his
               Lordship
               ;
               and
               in
               the
               second
               place
               ,
               if
               he
               could
               have
               opportunity
               ,
               and
               if
               his
               Lordship
               would
               please
               to
               speak
               with
               him
               ,
               to
               give
               his
               Lordship
               satisfaction
               in
               any
               thing
               he
               had
               done
               in
               that
               particular
               ;
               because
               it
               was
               conceived
               ,
               he
               opposed
               the
               Jurisdiction
               of
               that
               Court.
               
            
             
               That
               after
               he
               had
               the
               Favour
               to
               speak
               with
               his
               Lordship
               ,
               (
               which
               was
               long
               first
               )
               He
               was
               pleased
               to
               say
               no
               otherwise
               than
               thus
               ,
               I
               have
               nothing
               to
               say
               to
               you
               ,
               you
               are
               one
               that
               oppose
               me
               :
               But
               at
               the
               present
               I
               have
               eased
               you
               of
               the
               Office
               of
               Justice
               of
               the
               Peace
               ;
               so
               you
               need
               not
               trouble
               your self
               with
               that
               .
            
             
               That
               he
               did
               humbly
               thank
               his
               Honour
               for
               it
               ;
               for
               howsoever
               he
               meant
               it
               ,
               he
               took
               it
               to
               be
               no
               dis-favour
               ,
               but
               a
               Courtesie
               ,
               he
               having
               been
               in
               three
               or
               four
               years
               ,
               but
               not
               executing
               any
               Authority
               ,
               it
               standing
               not
               with
               his
               occasions
               .
            
             
               And
               his
               Lordship
               added
               ,
               Hereafter
               you
               and
               I
               shall
               speak
               further
               of
               the
               businesse
               ;
               That
               afterwards
               his
               Lordship
               met
               him
               in
               London
               ,
               in
               the
               Inner
               Star-Chamber
               ,
               he
               then
               attending
               on
               a
               motion
               day
               before
               the
               Lord
               Keeper
               ,
               amongst
               others
               of
               his
               Rank
               .
            
             
               That
               my
               Lord
               President
               was
               pleased
               to
               come
               behind
               his
               back
               ,
               and
               lay
               his
               hand
               on
               his
               shoulder
               ,
               and
               said
               ,
               I
               Command
               you
               not
               to
               depart
               the
               Town
               .
               That
               the
               words
               were
               something
               strange
               to
               him
               ;
               and
               not
               understanding
               well
               what
               his
               Lordship
               meant
               by
               it
               ,
               he
               instantly
               went
               to
               his
               Lordship
               ,
               and
               desired
               that
               he
               might
               know
               his
               mind
               ,
               he
               not
               very
               well
               hearing
               him
               .
            
             
               That
               his
               Lordship
               repeated
               the
               words
               again
               ,
               I
               Command
               you
               not
               to
               depart
               the
               Town
               .
            
             
             
               That
               for
               a
               matter
               of
               a
               Week
               ,
               or
               such
               a
               thing
               ,
               he
               did
               attend
               under
               this
               Command
               :
               And
               then
               applyed
               himself
               to
               his
               Lordship
               ,
               by
               all
               Means
               and
               Friends
               that
               he
               could
               .
               He
               Petitioned
               three
               or
               four
               times
               ;
               he
               is
               uncertain
               which
               :
               He
               made
               means
               ,
               by
               Persons
               of
               Quality
               ,
               to
               his
               Lordship
               ,
               That
               his
               Lordship
               would
               tell
               him
               the
               place
               where
               he
               was
               to
               attend
               ,
               or
               the
               Cause
               for
               what
               ,
               or
               the
               Person
               before
               whom
               ;
               but
               his
               Lordship
               was
               not
               pleased
               to
               give
               him
               any
               satisfaction
               :
               only
               thus
               much
               he
               received
               ,
               That
               he
               was
               one
               that
               did
               oppose
               his
               Lordship
               ,
               and
               he
               should
               attend
               .
               Seeing
               there
               was
               no
               Remedy
               ,
               he
               made
               his
               Address
               to
               a
               Noble
               Friend
               present
               ,
               and
               acquainted
               him
               with
               the
               business
               ;
               who
               was
               pleased
               to
               take
               the
               matter
               so
               to
               heart
               ,
               as
               to
               move
               it
               to
               his
               Lordship
               .
            
             
               That
               then
               he
               conceived
               the
               fault
               he
               had
               committed
               ,
               The
               not
               paying
               the
               Knighthood
               money
               in
               York-shire
               .
               And
               his
               the
               Deponents
               Answer
               was
               ,
               he
               had
               offered
               it
               ,
               but
               was
               not
               chargeable
               by
               Law
               ;
               for
               he
               had
               not
               40
               l.
               a
               year
               three
               years
               before
               the
               Coronation
               ,
               as
               the
               Writ
               did
               enjoyn
               .
            
             
               He
               speaks
               now
               of
               that
               which
               is
               not
               in
               the
               Charge
               ;
               which
               ought
               not
               
               to
               be
               .
            
             
               We
               desire
               he
               may
               proceed
               ,
               leaving
               it
               to
               Your
               Lordships
               to
               sever
               that
               which
               is
               material
               ,
               from
               that
               which
               is
               not
               material
               .
               
            
             
               
                 F.
                 Thorpe
              
               proceeded
               ,
               and
               said
               ,
               He
               could
               not
               say
               he
               punished
               him
               for
               the
               Prohibition
               ;
               but
               he
               conceived
               ,
               all
               did
               follow
               because
               he
               moved
               sometimes
               for
               Prohibitions
               :
               And
               that
               he
               had
               opposed
               his
               Authority
               and
               Power
               in
               York-shire
               .
            
             
               I
               Appeal
               to
               Your
               Lordships
               Judgments
               ,
               whether
               it
               be
               not
               out
               of
               the
               
               Charge
               ;
               Mr.
               Thorpe
               could
               not
               search
               my
               heart
               to
               know
               the
               Ground
               of
               the
               Offence
               .
            
             
               The
               Charge
               against
               my
               Lord
               of
               Strafford
               ,
               is
               not
               only
               the
               Executing
               of
               
               these
               Instructions
               ;
               but
               also
               the
               exercising
               of
               an
               exorbitant
               and
               unlawful
               Power
               and
               Jurisdiction
               ,
               over
               the
               Persons
               and
               Estates
               of
               His
               Majesties
               Subjects
               ,
               To
               which
               ,
               the
               matter
               offered
               by
               the
               Witnesses
               ,
               is
               material
               .
            
             
               The
               Lord
               Steward
               ,
               speaking
               to
               the
               Witness
               ,
               said
               ,
               Apply
               your self
               as
               
               much
               as
               you
               can
               ,
               to
               the
               point
               in
               question
               .
            
             
               
                 F.
                 Thorpe
              
               proceeded
               ,
               and
               said
               ,
               That
               he
               conceived
               the
               Question
               was
               asked
               him
               generally
               ,
               What
               he
               could
               say
               concerning
               Prohibitions
               ,
               or
               them
               that
               had
               to
               do
               with
               them
               .
            
             
               That
               no
               man
               living
               hath
               less
               desire
               to
               speak
               of
               my
               Lord
               of
               Strafford
               ,
               than
               he
               had
               ;
               and
               if
               he
               had
               not
               been
               asked
               this
               Question
               on
               his
               Oath
               ,
               and
               before
               that
               Presence
               ,
               and
               on
               this
               Command
               ,
               he
               should
               not
               have
               said
               it
               :
               For
               what
               he
               said
               now
               ,
               he
               never
               had
               spoke
               before
               ;
               and
               with
               what
               Sorrow
               he
               came
               now
               to
               speak
               it
               ,
               he
               knew
               ;
               and
               said
               ,
               that
               he
               spake
               not
               this
               to
               any
               other
               purpose
               ,
               but
               only
               ,
               That
               these
               things
               which
               were
               done
               ,
               were
               done
               on
               the
               occasion
               of
               the
               Prohibitions
               .
               For
               the
               matter
               of
               Knighting-money
               ,
               though
               it
               were
               made
               the
               cause
               of
               staying
               him
               in
               London
               ,
               yet
               ,
               under
               favour
               ,
               (
               he
               said
               )
               That
               was
               not
               ,
               nor
               could
               be
               the
               Cause
               ;
               For
               he
               had
               offered
               it
               below
               in
               the
               Country
               ,
               only
               thus
               ,
               That
               he
               was
               not
               Chargeable
               by
               Law
               ,
               but
               very
               willing
               to
               pay
               it
               ,
               if
               my
               Lord
               would
               have
               him
               pay
               
               it
               ;
               so
               he
               might
               comply
               with
               his
               Lordship
               ,
               or
               serve
               any
               occasion
               wherein
               his
               Lordship
               was
               employed
               .
            
             
               And
               therefore
               that
               of
               Knighting
               was
               the
               occasion
               taken
               ,
               yet
               he
               conceived
               that
               was
               not
               the
               true
               occasion
               .
               And
               lastly
               ,
               that
               after
               he
               had
               been
               kept
               12
               or
               14
               days
               under
               this
               Command
               ,
               his
               Lordship
               was
               pleased
               (
               on
               that
               which
               passed
               between
               that
               noble
               Lord
               (
               my
               Friend
               )
               and
               his
               Lordship
               )
               to
               give
               him
               leave
               to
               go
               home
               ,
               and
               then
               he
               paid
               the
               money
               .
            
             
               We
               desire
               the
               Witness
               may
               not
               conceal
               any
               thing
               ,
               but
               speak
               it
               ;
               and
               being
               demanded
               accordingly
               .
               
            
             
               
                 F.
                 Thorpe
              
               answered
               ,
               There
               was
               another
               particular
               happened
               on
               him
               ;
               
               and
               though
               another
               occasion
               was
               taken
               ,
               part
               came
               from
               the
               said
               Root
               ,
               but
               he
               desired
               to
               be
               pardoned
               in
               not
               speaking
               of
               it
               .
            
             
               Being
               required
               to
               speak
               ,
               and
               to
               set
               forth
               what
               time
               this
               was
               ,
               and
               what
               that
               Noble
               mans
               name
               was
               ,
               who
               ,
               upon
               my
               Lord
               of
               Straffords
               motion
               ,
               procured
               him
               liberty
               .
            
             
               
                 F.
                 Thorpe
              
               answered
               ,
               That
               he
               conceived
               the
               time
               to
               be
               about
               the
               Knighting-money
               business
               ,
               and
               the
               Lords
               name
               was
               ,
               My
               Lord
               Goring
               .
            
             
               Your
               Lordships
               may
               observe
               this
               was
               long
               before
               the
               Commission
               in
               
               8
               Car.
               and
               some
               two
               years
               after
               my
               Lord
               of
               Strafford
               came
               to
               the
               Place
               .
            
             
               Being
               Interrogated
               further
               ,
               Whether
               he
               or
               his
               Clients
               have
               forborn
               to
               move
               in
               that
               Cause
               of
               Prohibitions
               out
               of
               fear
               of
               my
               Lord
               of
               Strafford
               .
            
             
               He
               answered
               ,
               For
               his
               own
               particular
               he
               hath
               forborn
               ,
               and
               durst
               not
               
               adventure
               it
               ,
               nor
               any
               that
               had
               to
               do
               with
               him
               in
               those
               parts
               ,
               as
               he
               knew
               ,
               durst
               move
               till
               of
               very
               late
               ;
               For
               he
               knew
               very
               well
               the
               price
               of
               my
               Lord
               of
               
               Strafford's
               displeasure
               .
            
             
               Being
               asked
               if
               he
               knew
               any
               thing
               of
               the
               Case
               of
               Leyton
               ,
               about
               a
               Prohibition
               .
            
             
               He
               answered
               ,
               He
               knew
               nothing
               of
               it
               .
            
             
               I
               humbly
               desire
               ,
               with
               your
               Lordships
               leave
               ,
               to
               interpose
               a
               Question
               .
               
            
             
               We
               desire
               that
               our
               Witness
               might
               first
               be
               heard
               out
               ,
               and
               we
               shall
               not
               
               interrupt
               my
               Lrod
               of
               Strafford
               in
               asking
               what
               questions
               he
               pleases
               in
               his
               just
               defence
               .
            
             
               Let
               the
               Witness
               proceed
               .
               
            
             
               To
               your
               Lordships
               Order
               ,
               and
               in
               all
               things
               ,
               I
               shall
               pay
               Obedience
               ,
               I
               
               desire
               nothing
               in
               the
               World
               but
               a
               clear
               understanding
               of
               the
               Truth
               in
               this
               business
               ,
               and
               so
               I
               am
               sure
               every
               man
               doth
               that
               hears
               me
               ;
               and
               without
               Offence
               ,
               and
               with
               all
               Reverence
               ,
               I
               humbly
               offer
               ,
               That
               the
               Witnesses
               may
               stand
               apart
               from
               the
               Committee
               for
               the
               Commons
               ,
               the
               Committe
               asking
               the
               Witnesses
               many
               questions
               ,
               which
               I
               conceive
               ,
               by
               your
               Lordships
               Rule
               ,
               should
               be
               asked
               by
               your
               Lordships
               only
               ;
               For
               which
               I
               crave
               pardon
               ,
               if
               I
               have
               offended
               in
               moving
               of
               it
               ,
               I
               standing
               for
               my
               Life
               ,
               and
               which
               is
               dearer
               ,
               my
               Honour
               ,
               and
               my
               Children
               .
            
             
             
               Their
               Lordships
               Rule
               hath
               been
               kept
               ,
               and
               things
               shall
               be
               carried
               clearly
               on
               all
               hands
               .
               
            
             
               We
               desire
               the
               Witness
               may
               proceed
               to
               speak
               concerning
               his
               own
               Imprisonment
               ;
               
               and
               the
               Lord
               Steward
               Interrogating
               him
               accordingly
               ,
               he
               kept
               to
               the
               same
               Point
               .
            
             
               
                 F.
                 Thorpe
              
               proceeds
               ,
               saying
               ,
               That
               he
               could
               give
               no
               other
               ground
               for
               it
               ,
               
               though
               another
               occasion
               was
               taken
               ,
               yet
               he
               conceived
               the
               true
               ground
               ,
               because
               he
               was
               too
               busie
               in
               medling
               with
               Prohibitions
               .
            
             
               That
               the
               Pursevant
               attending
               the
               Council
               at
               York
               ,
               came
               to
               his
               house
               ,
               and
               carried
               him
               before
               the
               Lord
               President
               and
               Council
               ,
               where
               he
               attended
               a
               day
               ,
               and
               then
               had
               liberty
               to
               speak
               with
               my
               Lord
               ;
               That
               his
               Lordship
               was
               pleased
               to
               tell
               him
               ,
               there
               was
               an
               Accusation
               against
               him
               ,
               but
               they
               that
               laid
               it
               were
               not
               come
               to
               Town
               ,
               therefore
               he
               must
               attend
               ;
               and
               that
               they
               were
               his
               betters
               ,
               and
               therefore
               he
               had
               reason
               to
               attend
               :
               He
               desired
               to
               know
               what
               it
               was
               ,
               but
               could
               not
               have
               that
               favour
               ;
               but
               some
               eight
               days
               after
               (
               being
               in
               the
               mean
               time
               in
               the
               Pursevants
               Custody
               )
               he
               was
               brought
               to
               the
               Council-Table
               again
               ,
               and
               his
               Lordship
               sitting
               at
               the
               upper
               end
               ,
               commanded
               him
               to
               kneel
               ,
               he
               coming
               as
               a
               Delinquent
               ;
               which
               he
               did
               accordingly
               ,
               bringing
               with
               him
               a
               spirit
               of
               submission
               ,
               knowing
               very
               well
               his
               ruine
               depended
               on
               his
               opposition
               ,
               and
               on
               his
               rising
               ,
               his
               Lordship
               was
               offended
               ,
               he
               stayed
               no
               longer
               kneeling
               .
            
             
               Afterwards
               a
               Letter
               was
               read
               from
               some
               Gentlemen
               in
               the
               Country
               ,
               wherein
               they
               had
               written
               ,
               That
               I
               had
               spoken
               at
               the
               Sessions
               a
               little
               more
               than
               became
               me
               to
               the
               Court
               ,
               in
               defence
               of
               a
               Client
               ,
               on
               a
               Traverse
               to
               an
               Indictment
               .
               And
               what
               they
               had
               written
               (
               I
               confessed
               )
               was
               very
               true
               ;
               for
               it
               was
               thus
               ;
               upon
               the
               Traverse
               of
               an
               Indictment
               ,
               the
               question
               being
               ,
               Whether
               the
               bare
               Indictment
               were
               Evidence
               to
               the
               Petit
               Jury
               ,
               I
               did
               say
               it
               was
               no
               Evidence
               ,
               and
               I
               desired
               to
               Appeal
               to
               the
               Judges
               .
               My
               Lord
               President
               was
               pleased
               to
               say
               ,
               He
               would
               teach
               me
               to
               know
               ,
               there
               were
               other
               men
               for
               me
               to
               complain
               to
               ,
               viz.
               The
               President
               and
               the
               Council
               .
               I
               told
               his
               Lordship
               ,
               I
               was
               ready
               to
               complain
               to
               any
               where
               I
               might
               have
               Right
               :
               And
               I
               Appeal
               to
               the
               Kings
               learned
               Council
               ,
               Whether
               it
               was
               not
               Law
               what
               I
               spoke
               .
               I
               was
               then
               put
               out
               ,
               and
               direction
               sent
               ,
               I
               must
               find
               Sureties
               ,
               and
               make
               publick
               submission
               at
               the
               Sessions
               for
               saying
               these
               words
               :
               I
               did
               find
               Sureties
               ,
               and
               when
               I
               went
               to
               Sir
               
                 W.
                 Ellis
              
               to
               enter
               the
               Recognizance
               ,
               He
               told
               me
               ,
               I
               am
               sorry
               ,
               but
               I
               cannot
               help
               you
               ,
               for
               my
               Lord
               of
               Strafford
               over-ruled
               us
               ;
               and
               you
               are
               to
               be
               bound
               to
               the
               good
               Behaviour
               ,
               and
               make
               submission
               at
               the
               Sessions
               :
               And
               he
               said
               further
               ,
               That
               what
               he
               was
               enjoyned
               ,
               he
               did
               perform
               .
               And
               all
               this
               ,
               I
               conceive
               ,
               originally
               grew
               ,
               for
               that
               I
               did
               oppose
               the
               Jurisdiction
               of
               the
               Court
               at
               York
               ,
               and
               not
               for
               the
               Causes
               pretended
               .
               And
               this
               binding
               to
               my
               good
               Behaviour
               was
               eight
               or
               ten
               years
               ago
               .
            
             
               And
               being
               further
               asked
               ,
               Whether
               he
               knew
               of
               any
               other
               that
               had
               been
               oppressed
               with
               this
               Exorbitant
               Power
               ,
               or
               no
               ?
            
             
               
                 F.
                 Thorpe
              
               answered
               ,
               He
               had
               heard
               of
               many
               ,
               but
               he
               was
               not
               present
               at
               their
               Commitment
               ,
               nor
               saw
               their
               Orders
               ,
               and
               can
               say
               nothing
               of
               his
               knowledge
               ;
               only
               he
               knew
               Sir
               
                 Thomas
                 Gore
              
               was
               under
               Custody
               .
            
             
               
                 George
                 Hawes
              
               was
               produced
               next
               ,
               and
               interrogated
               ,
               What
               he
               knew
               of
               
               Sir
               
                 Conyers
                 Darcies
              
               Fining
               .
            
             
             
               I
               confess
               I
               was
               there
               ,
               and
               gave
               consent
               to
               his
               Fining
               ;
               but
               it
               was
               not
               by
               vertue
               of
               the
               said
               Commission
               ,
               for
               it
               was
               before
               my
               time
               .
               
            
             
               The
               Manager
               did
               now
               sum
               up
               the
               Evidence
               ,
               and
               my
               Lord
               of
               
               Strafford's
               Answer
               was
               expected
               .
            
             
               I
               desire
               a
               little
               time
               to
               retire
               :
               And
               after
               some
               debating
               thereof
               betwixt
               
               his
               Lordship
               and
               the
               Committee
               ,
               It
               was
               Resolved
               his
               Lordship
               should
               have
               some
               little
               space
               to
               rest
               ,
               and
               peruse
               his
               Notes
               at
               the
               Bar
               ,
               which
               the
               Manager
               alledged
               to
               be
               unusual
               in
               any
               Court
               of
               Justice
               in
               a
               proceeding
               of
               this
               Nature
               .
            
             
               
                 My
                 Lords
              
               ,
               there
               is
               a
               great
               deal
               of
               difference
               betwixt
               the
               Case
               of
               a
               man
               
               that
               answers
               for
               a
               bloody
               ,
               hainous
               ,
               and
               known
               Treason
               ,
               by
               the
               Statutes
               of
               the
               Realm
               ,
               before
               the
               Lord
               Steward
               and
               his
               Peers
               ,
               in
               an
               ordinary
               way
               of
               proceeding
               ;
               and
               him
               that
               answers
               a
               mixt
               Charge
               ,
               partly
               Misdemeanors
               ,
               and
               partly
               (
               as
               apprehended
               )
               Treason
               .
               There
               is
               nothing
               in
               this
               that
               can
               be
               Treason
               ,
               and
               when
               1000
               misdemeanors
               will
               not
               make
               one
               Felony
               ,
               shall
               28
               Misdemeanors
               heighten
               it
               to
               a
               Treason
               ?
               And
               in
               that
               Point
               ,
               in
               due
               time
               ,
               I
               shall
               desire
               my
               Council
               may
               express
               themselves
               ,
               Whether
               any
               thing
               in
               this
               Charge
               (
               admit
               it
               all
               to
               be
               true
               )
               be
               Treason
               ,
               that
               if
               they
               be
               but
               Misdemeanors
               ,
               I
               should
               be
               admitted
               Council
               ,
               and
               examine
               Witnesses
               by
               Commission
               .
               I
               had
               no
               leave
               to
               summon
               a
               Witness
               before
               Friday
               last
               ,
               and
               the
               greatest
               part
               of
               my
               Proofs
               and
               Charge
               comes
               out
               of
               Ireland
               ;
               and
               to
               be
               debarred
               from
               these
               ,
               under
               pretence
               of
               Treason
               ,
               I
               conceive
               to
               be
               ,
               in
               this
               Case
               ,
               a
               little
               severe
               .
               But
               I
               shall
               proceed
               to
               my
               Defence
               .
            
             
               And
               first
               ,
               As
               for
               the
               Instructions
               which
               I
               am
               charged
               withall
               ,
               being
               
               21.
               
               March
               ,
               8
               Car.
               they
               were
               not
               procured
               by
               me
               ,
               I
               knew
               nothing
               of
               them
               .
            
             
               The
               Commission
               and
               Instructions
               to
               the
               President
               and
               Council
               of
               York
               ,
               are
               of
               course
               renewed
               on
               the
               death
               of
               one
               of
               the
               Council
               of
               the
               Fee
               in
               Ordinary
               ,
               and
               the
               putting
               in
               of
               a
               Counsellor
               at
               large
               ,
               is
               only
               by
               Letter
               .
            
             
               Sir
               
                 Arthur
                 Ingram
              
               ,
               who
               was
               Secretary
               ,
               going
               out
               ,
               and
               Sir
               
                 Iohn
                 Melton
              
               succeeding
               ,
               these
               Instructions
               of
               21
               March
               8
               Car.
               were
               renew'd
               .
            
             
               That
               in
               the
               Case
               of
               such
               Renewing
               ,
               the
               Kings
               Councell
               of
               the
               Fee
               ,
               do
               ,
               by
               the
               Secretary
               ,
               offer
               the
               Kings
               learned
               Council
               such
               things
               as
               they
               conceive
               conducing
               to
               the
               clearing
               and
               bettering
               of
               the
               Kings
               Service
               in
               those
               parts
               :
               And
               it
               finally
               comes
               to
               the
               Lord
               Keeper
               or
               Lord
               Chancellor
               ,
               and
               they
               agree
               it
               .
            
             
               I
               protest
               that
               I
               gave
               no
               direction
               in
               these
               ,
               nor
               do
               I
               conceive
               any
               thing
               offered
               ,
               proves
               me
               to
               be
               the
               man
               that
               procured
               them
               .
            
             
               As
               to
               the
               Execution
               of
               it
               ,
               from
               the
               date
               of
               that
               Commission
               to
               this
               hour
               ,
               I
               did
               never
               one
               Act
               ,
               nor
               stayed
               a
               minute
               as
               President
               of
               the
               Council
               of
               York
               .
               The
               Commission
               being
               granted
               21
               
                 March
                 Oct.
                 Car.
              
               and
               I
               went
               towards
               Ireland
               in
               Iuly
               following
               ,
               which
               I
               can
               prove
               by
               my
               Servants
               ,
               if
               they
               might
               be
               sworn
               .
               And
               before
               I
               be
               convinced
               of
               a
               Misdemeanor
               ,
               I
               conceive
               they
               must
               be
               sworn
               :
               But
               that
               now
               I
               answer
               only
               to
               Treason
               .
            
             
               If
               I
               were
               neither
               privy
               to
               the
               taking
               out
               of
               the
               Commission
               ,
               nor
               any
               way
               employed
               in
               the
               executing
               of
               it
               ,
               I
               Appeal
               unto
               your
               Lordships
               ,
               and
               the
               Gentlemen
               of
               the
               House
               of
               Commons
               ,
               Whether
               I
               can
               be
               charged
               as
               Criminal
               ,
               as
               to
               this
               Commssion
               ,
               or
               any
               thing
               that
               proceeds
               from
               it
               .
            
             
             
               As
               for
               the
               Sentence
               against
               Sir
               
                 Conyers
                 Darcy
              
               ,
               it
               was
               Just
               ,
               and
               he
               complained
               not
               of
               it
               :
               Of
               which
               I
               have
               a
               Copy
               ,
               and
               desire
               it
               may
               be
               read
               .
            
             
               That
               from
               the
               first
               Institution
               of
               the
               Court
               of
               President
               and
               Council
               at
               York
               ,
               That
               Court
               had
               both
               a
               Star-Chamber
               and
               Chancery
               Power
               ;
               as
               will
               appear
               by
               all
               the
               Instructions
               before
               that
               time
               .
            
             
               That
               if
               there
               be
               an
               Errour
               in
               a
               Judge
               ,
               so
               that
               he
               give
               a
               Sentence
               otherwise
               than
               a
               man
               of
               better
               understanding
               conceives
               reason
               for
               ,
               there
               is
               no
               cause
               it
               should
               be
               heightned
               to
               a
               Treason
               ,
               to
               take
               from
               him
               his
               Life
               and
               Honour
               ,
               and
               all
               he
               hath
               ,
               meerly
               because
               he
               was
               not
               so
               wise
               a
               man
               as
               he
               might
               have
               been
               ,
               nor
               so
               understanding
               as
               another
               :
               And
               if
               this
               be
               prest
               on
               Judges
               ,
               I
               think
               few
               Judges
               will
               serve
               .
               And
               for
               my
               part
               ,
               I
               had
               rather
               go
               to
               my
               Cottage
               ,
               as
               the
               Witness
               saith
               ,
               then
               serve
               on
               these
               Terms
               .
            
             
               The
               Charge
               lays
               it
               to
               be
               done
               in
               May
               ,
               8
               Car.
               and
               divers
               years
               following
               ,
               and
               the
               Instructions
               came
               not
               in
               time
               till
               the
               21st
               Mar.
               8
               Car.
               which
               I
               conceive
               to
               be
               a
               mistaking
               of
               the
               year
               .
            
             
               That
               as
               to
               the
               Sentence
               of
               Sir
               
                 Iohn
                 Bourcher
              
               ,
               which
               is
               charged
               upon
               me
               ,
               but
               not
               insisted
               upon
               by
               the
               Gentleman
               ,
               I
               was
               no
               way
               acquainted
               with
               the
               beginning
               ,
               proceeding
               ,
               or
               ending
               of
               the
               Cause
               ,
               being
               all
               that
               while
               in
               Ireland
               ;
               so
               Your
               Lordships
               may
               observe
               with
               what
               uncertainty
               men
               may
               speak
               ,
               that
               do
               inform
               in
               such
               Cases
               .
            
             
               That
               of
               the
               Commission
               ,
               the
               13th
               of
               the
               King
               ,
               with
               which
               I
               am
               likewise
               charged
               ,
               as
               the
               Procurer
               of
               it
               ,
               I
               had
               no
               more
               knowledge
               ,
               than
               of
               that
               which
               was
               most
               forreign
               ;
               being
               at
               that
               time
               in
               Ireland
               ,
               and
               the
               Commission
               renewed
               of
               one
               of
               the
               Council
               in
               Fee.
               
            
             
               I
               shall
               now
               descend
               to
               Proofs
               .
            
             
               That
               the
               Commission
               8
               Car.
               was
               renewed
               upon
               Sir
               
                 Iohn
                 Meltons
              
               coming
               to
               be
               Secretary
               ,
               instead
               of
               Sir
               
                 Arthur
                 Ingram
              
               ,
               The
               Committee
               admitted
               it
               .
            
             
               To
               the
               Testimonies
               given
               by
               the
               Witnesses
               ,
               I
               observe
               ,
               That
               
                 Iohn
                 Gore
              
               ,
               the
               first
               Witness
               ,
               speaks
               nothing
               to
               the
               renewing
               of
               the
               Commission
               ,
               but
               to
               his
               Fathers
               Commitment
               ;
               and
               that
               was
               in
               November
               ,
               but
               what
               year
               ,
               
                 Non
                 liquet
              
               .
               But
               this
               is
               not
               within
               my
               Charge
               ,
               therefore
               I
               shall
               not
               Answer
               to
               that
               ;
               Though
               if
               it
               were
               in
               Charge
               ,
               I
               doubt
               not
               ,
               but
               in
               that
               ,
               and
               every
               thing
               else
               ,
               I
               shall
               give
               an
               account
               of
               an
               honest
               and
               just
               man
               ,
               not
               to
               say
               of
               a
               discreet
               ,
               and
               a
               wise
               man.
               
            
             
               That
               for
               the
               Testimony
               of
               
                 Iohn
                 Musgrave
              
               ,
               it
               contains
               nothing
               within
               my
               Charge
               :
               and
               I
               can
               say
               nothing
               to
               it
               ,
               but
               by
               way
               of
               Divination
               .
               And
               he
               is
               but
               a
               single
               Witness
               ;
               And
               therefore
               I
               conceive
               ,
               shall
               hardly
               be
               able
               to
               convince
               any
               man
               of
               High
               Treason
               ,
               hardly
               of
               a
               Trespass
               .
            
             
               That
               what
               
                 Iohn
                 Musgrave
              
               speaks
               of
               ,
               is
               grounded
               on
               a
               question
               of
               the
               Jurisdiction
               of
               Courts
               ;
               and
               one
               rule
               of
               our
               Law
               is
               ,
               
                 Boni
                 judicis
                 est
                 amplicare
                 Iurisdictionem
              
               .
               And
               why
               the
               enlarging
               of
               a
               Jurisdiction
               should
               be
               heightned
               to
               a
               Treason
               ,
               I
               Appeal
               to
               Your
               Lordships
               Nobleness
               ,
               Justice
               ,
               and
               Honour
               ,
               to
               consider
               ;
               for
               I
               think
               there
               are
               none
               in
               place
               of
               Judicature
               ,
               but
               they
               will
               desire
               to
               enlarge
               their
               Jurisdiction
               ,
               as
               far
               as
               in
               Reason
               and
               Justice
               they
               may
               :
               And
               it
               is
               a
               chast
               Ambition
               (
               if
               rightly
               placed
               )
               to
               have
               as
               much
               Power
               as
               may
               be
               ,
               That
               there
               may
               be
               Power
               to
               do
               the
               more
               good
               in
               the
               place
               where
               a
               man
               lives
               .
            
             
               For
               F.
               Thorpe's
               Testimony
               ,
               I
               observe
               ,
               That
               I
               have
               nothing
               to
               say
               to
               him
               of
               Exception
               ;
               but
               that
               he
               speaks
               nothing
               to
               the
               purpose
               ,
               nor
               to
               any
               thing
               in
               the
               Charge
               ,
               I
               being
               Charged
               with
               the
               Execution
               of
               the
               Commission
               
               8
               and
               13
               of
               the
               King
               ;
               and
               all
               he
               speaks
               of
               ,
               is
               precedent
               in
               time
               :
               And
               what
               he
               says
               ,
               is
               by
               hear-say
               from
               Mr.
               Justice
               Hutton
               ,
               and
               Sir
               
                 William
                 Ellis
              
               .
               I
               do
               not
               remember
               my
               Lord
               Gorings
               speaking
               to
               me
               about
               Mr.
               Thorpe
               ,
               it
               being
               12
               ,
               13
               ,
               or
               14
               years
               ago
               .
               I
               have
               put
               in
               my
               Answer
               ,
               and
               if
               that
               be
               not
               Impeached
               by
               Testimony
               of
               Witnesses
               (
               as
               it
               is
               not
               )
               I
               conceive
               it
               ought
               to
               be
               allowed
               .
            
             
               I
               desire
               to
               produce
               Witnesses
               ,
               wherein
               I
               have
               Liberty
               ;
               but
               not
               to
               examine
               on
               Oath
               .
            
             
               And
               first
               ,
               To
               the
               time
               of
               my
               going
               towards
               Ireland
               .
            
             
               His
               Lordships
               Secretary
               being
               interrogated
               ;
            
             
               He
               Answered
               ,
               That
               his
               Lordship
               went
               from
               London
               8
               Iuly
               ,
               1633.
               towards
               Ireland
               ,
               the
               9th
               year
               of
               the
               King.
               
            
             
               Mr.
               Railton
               ,
               To
               the
               time
               of
               his
               Lordships
               going
               towards
               Ireland
               ,
               said
               ,
            
             
               That
               8
               Iuly
               ,
               1633.
               
               My
               Lord
               began
               his
               Journey
               into
               Ireland
               ,
               being
               the
               Ninth
               year
               of
               the
               King.
               
            
             
               The
               Committee
               for
               the
               Commons
               ,
               admitted
               that
               he
               went
               over
               in
               
               Iuly
               ,
               1633.
               
            
             
               To
               the
               time
               of
               my
               Lord
               of
               Straffords
               coming
               from
               York
               ;
            
             
               Mr.
               
                 Thomas
                 Little
              
               says
               ,
               His
               Lordship
               came
               from
               York
               in
               Ianuary
               was
               eight
               years
               ,
               and
               returned
               not
               to
               York
               till
               1636.
               
            
             
               To
               his
               Lordships
               doing
               any
               act
               as
               President
               of
               York
               ,
               since
               the
               said
               New
               Commission
               of
               
                 Octavo
                 Caroli
              
               ;
            
             
               Mr.
               
                 Thomas
                 Little
              
               says
               ,
               That
               since
               the
               date
               of
               that
               Commission
               ,
               his
               Lordship
               never
               sate
               as
               President
               of
               the
               North
               ,
               in
               any
               Cause
               whatsoever
               .
            
             
               His
               Lordship
               offered
               to
               prove
               his
               being
               in
               Ireland
               when
               Sir
               
                 Iohn
                 Bourcher
              
               
               was
               censured
               by
               the
               Vice-President
               and
               Council
               ;
               But
               the
               Commons
               not
               pressing
               his
               Lordship
               in
               that
               matter
               ,
               he
               said
               ,
               If
               it
               be
               granted
               ,
               I
               have
               done
               .
            
             
               To
               the
               Earl
               of
               Straffords
               being
               in
               Ireland
               when
               the
               Commission
               8
               Car.
               was
               renewed
               .
            
             
               Mr.
               
                 Thomas
                 Little
              
               Answered
               ,
               being
               questioned
               ,
               My
               Lord
               was
               in
               Ireland
               at
               that
               time
               ;
               he
               went
               over
               in
               1636.
               having
               come
               over
               in
               November
               before
               ;
               and
               was
               not
               in
               England
               again
               till
               1639.
               
            
             
               And
               so
               
                 (
                 My
                 Lords
              
               )
               I
               conclude
               my
               Defence
               ,
               That
               I
               am
               charged
               only
               
               with
               procuring
               and
               executing
               the
               Commission
               .
            
             
               And
               this
               Answer
               I
               humbly
               offer
               and
               submit
               .
            
             
               
                 Iohn
                 Gore
              
               speaks
               particularly
               of
               the
               occasion
               of
               enlarging
               the
               Commission
               ,
               
               upon
               the
               Arresting
               of
               his
               Father
               .
            
             
               That
               my
               Lord
               of
               Strafford
               fell
               on
               his
               Knees
               ,
               desiring
               from
               His
               Majesty
               an
               enlarging
               of
               his
               Power
               ;
               else
               that
               he
               might
               go
               home
               :
               So
               going
               out
               of
               England
               in
               Iuly
               after
               ,
               the
               Commission
               answers
               to
               the
               Procurement
               that
               was
               before
               .
            
             
             
               That
               which
               his
               Lordship
               hath
               answered
               to
               
                 F.
                 Thorpe
              
               ,
               That
               the
               things
               by
               him
               complained
               of
               ,
               were
               in
               the
               time
               before
               the
               Commission
               ,
               may
               be
               used
               as
               an
               Argument
               ,
               That
               he
               was
               privy
               to
               the
               Instructions
               .
            
             
               We
               produce
               
                 I.
                 Musgrave
              
               ,
               only
               to
               shew
               my
               Lords
               Violence
               about
               Prohibitions
               ,
               before
               this
               Commission
               was
               procured
               ;
               He
               growing
               so
               high
               ,
               a
               little
               before
               ,
               That
               he
               would
               lay
               them
               by
               the
               Heels
               that
               brought
               the
               Kings
               Writ
               ;
               The
               Council
               were
               awed
               ,
               that
               they
               durst
               not
               demand
               Justice
               :
               So
               that
               the
               procuring
               of
               it
               ,
               suited
               most
               with
               his
               Design
               .
            
             
               That
               his
               Witnesses
               had
               little
               contradicted
               what
               the
               Witnesses
               for
               the
               Commons
               had
               said
               .
            
             
               That
               whereas
               it
               is
               said
               ,
               the
               Charge
               is
               not
               Treason
               ;
               if
               the
               Fact
               shall
               appear
               to
               their
               Lordships
               ,
               satisfaction
               will
               in
               good
               time
               be
               given
               .
               That
               though
               this
               particular
               is
               not
               Treason
               ,
               yet
               all
               the
               parts
               of
               it
               amount
               to
               the
               Subversion
               of
               the
               Laws
               of
               the
               Kingdom
               ;
               That
               is
               prest
               as
               Treason
               ,
               and
               this
               as
               an
               Evidence
               .
            
             
               That
               for
               the
               second
               Commission
               ,
               it
               follows
               as
               the
               other
               ;
               if
               he
               procured
               the
               one
               ,
               he
               is
               guilty
               as
               if
               he
               procured
               both
               ,
               it
               being
               the
               same
               Power
               still
               .
            
             
          
           
             
             
               THE
               Second
               Article
               .
               
                 The
                 Charge
              
               .
            
             
               
                 THat
                 shortly
                 after
                 the
                 obtaining
                 of
                 the
                 said
                 Commission
                 ,
                 dated
                 the
              
               21st
               .
               of
               March
               ,
               
                 in
                 the
                 Eighth
                 year
                 of
                 His
                 Maiesties
                 Reign
                 ,
              
               (
               to
               
               wit
               )
               
                 the
                 last
                 day
                 of
              
               August
               
                 then
                 next
                 following
                 ,
                 he
                 the
                 said
                 Earl
                 (
                 to
                 bring
                 His
                 Maiesties
                 Liege
                 People
                 into
                 a
                 dislike
                 of
                 His
                 Maiesty
                 ,
                 and
                 of
                 His
                 Government
                 ,
                 and
                 to
                 terrifie
                 the
                 Iustices
                 of
                 the
                 Peace
                 from
                 executing
                 of
                 the
                 Laws
                 :
                 He
                 the
                 said
                 Earl
                 being
                 then
                 President
                 ,
                 as
                 aforesaid
                 ,
                 and
                 a
                 Iustice
                 of
                 Peace
                 )
                 did
                 publickly
                 ,
                 at
                 the
                 Assizes
                 held
                 for
                 the
                 County
                 of
              
               York
               ,
               
                 in
                 the
                 City
                 of
              
               York
               ,
               
                 in
                 and
                 upon
                 the
                 said
                 last
                 day
                 of
              
               August
               ,
               
                 declare
                 and
                 publish
                 before
                 the
                 People
                 there
                 attending
                 for
                 the
                 Administration
                 of
                 Iustice
                 according
                 to
                 Law
                 ,
                 and
                 in
                 the
                 presence
                 of
                 the
                 Iustices
                 sitting
                 ,
                 That
                 some
                 of
                 the
                 Iustices
                 were
                 all
                 for
                 Law
                 ,
                 and
                 nothing
                 would
                 please
                 them
                 but
                 Law
                 ;
                 but
                 they
                 should
                 find
                 ,
                 That
                 the
                 Kings
                 little
                 Finger
                 should
                 be
                 heavier
                 than
                 the
                 Loyns
                 of
                 the
                 Law.
                 
              
            
             
               WE
               are
               come
               now
               to
               the
               second
               Article
               ,
               touching
               words
               spoken
               
               of
               the
               King
               ,
               That
               the
               Kings
               little
               Finger
               should
               be
               heavier
               than
               the
               Loyns
               of
               the
               Law.
               
            
             
               For
               that
               ,
               we
               desire
               to
               produce
               Witnesses
               ,
               and
               they
               will
               shew
               how
               my
               Lord
               of
               Strafford
               is
               mistaken
               in
               his
               Answer
               :
               Or
               if
               he
               says
               true
               ,
               As
               he
               slanders
               the
               King
               in
               one
               sense
               ,
               so
               he
               slanders
               the
               Law
               in
               another
               .
            
             
               Witnesses
               produced
               .
            
             
               
                 William
                 Long
              
               Sworn
               ,
               and
               interrogated
               ,
               What
               words
               he
               heard
               my
               Lord
               of
               Strafford
               speak
               concerning
               the
               comparison
               between
               the
               Kings
               little
               Finger
               ,
               and
               the
               Loyns
               of
               the
               Law
               ,
               On
               what
               occasion
               ,
               Where
               ,
               and
               at
               what
               time
               ?
            
             
               Answered
               ,
               When
               Sir
               
                 Thomas
                 Leyton
              
               was
               Sheriff
               of
               York-shire
               ,
               1632.
               
               (
               as
               he
               takes
               it
               )
               My
               Lord
               of
               Strafford
               being
               there
               ,
               he
               heard
               his
               Lordship
               say
               these
               words
               ,
            
             
               That
               some
               ,
               nothing
               would
               content
               but
               Law
               ;
               but
               they
               should
               know
               ,
               The
               Kings
               little
               Finger
               should
               be
               heavier
               than
               the
               Loyns
               of
               the
               Law
               :
               And
               this
               was
               spoken
               in
               the
               place
               where
               the
               Judges
               sate
               in
               
               York-Castle
               ,
               at
               the
               Assizes
               that
               year
               .
            
             
               The
               occasion
               he
               knew
               not
               ,
               but
               it
               was
               publickly
               spoken
               ;
               and
               as
               he
               thought
               ,
               my
               Lord
               did
               not
               then
               sit
               on
               the
               Bench
               ,
               but
               stood
               at
               the
               Barr.
               
            
             
             
               Sir
               
                 Thomas
                 Leyton
              
               was
               Sworn
               ;
               and
               being
               thick
               of
               hearing
               ,
               the
               Manager
               was
               directed
               by
               my
               Lord
               Steward
               ,
               to
               interrogate
               him
               to
               the
               effect
               aforesaid
               ;
            
             
               Who
               Answered
               ,
               My
               Lord
               said
               ,
               Some
               would
               not
               be
               satisfied
               but
               by
               Law
               ;
               but
               they
               should
               have
               Law
               enough
               ;
               for
               they
               should
               find
               the
               Kings
               
               little
               Finger
               ,
               to
               be
               heavier
               than
               the
               Loyns
               of
               the
               Law.
               His
               Lordship
               being
               on
               the
               Bench
               then
               with
               the
               Judges
               at
               that
               time
               ,
               and
               abundance
               of
               the
               Country
               being
               there
               then
               at
               Lammas
               Assizes
               ,
               at
               the
               Castle-Bench
               ;
               And
               he
               thinks
               it
               was
               1632.
               or
               1633.
               but
               he
               knew
               not
               the
               occasion
               .
            
             
               
                 Marmaduke
                 Potter
              
               having
               been
               examined
               as
               a
               preparatory
               Witness
               ,
               and
               since
               being
               deceased
               ,
               it
               was
               desired
               his
               Deposition
               might
               be
               read
               .
            
             
               The
               Lord
               Steward
               declared
               ,
               That
               the
               Examinations
               of
               those
               preparatory
               
               Witnesses
               ,
               should
               be
               read
               ,
               in
               case
               any
               should
               be
               dead
               .
            
             
               To
               prove
               Marmaduke
               Potter's
               death
               ,
               
                 Thomas
                 Harrison
              
               was
               Sworn
               :
               Being
               interrogated
               what
               he
               knew
               concerning
               the
               death
               of
               
                 Marmaduke
                 Potter
              
               :
            
             
               Answered
               ,
               That
               since
               his
               coming
               out
               of
               York-shire
               ,
               he
               heard
               a
               report
               
               from
               his
               Neighbours
               ,
               that
               
                 M.
                 P.
              
               is
               dead
               and
               buried
               ,
               That
               he
               the
               Deponent
               ,
               lived
               a
               Mile
               from
               the
               said
               
                 Marmaduke
                 Potter
              
               ;
               which
               is
               Ninescore
               and
               Ten
               Miles
               from
               this
               place
               ;
               but
               he
               heard
               no
               particular
               of
               the
               day
               of
               his
               burial
               .
            
             
               The
               Examination
               of
               
                 Marmaduke
                 Potter
              
               ,
               Gent.
               taken
               Ianuary
               ,
               1640.
               to
               the
               10th
               and
               11th
               Inter.
               He
               saith
               ,
            
             
               That
               about
               eight
               years
               since
               ,
               when
               Sir
               
                 Thomas
                 Leyton
              
               was
               Sheriff
               of
               York-shire
               ,
               he
               heard
               the
               Earl
               of
               Strafford
               make
               a
               Speech
               publickly
               at
               the
               Bench
               at
               Summer-Assizes
               ;
               and
               he
               said
               then
               ,
               That
               the
               Kings
               little
               Finger
               should
               be
               heavier
               than
               the
               Loyns
               of
               the
               Law.
               
            
             
               I
               know
               not
               whether
               it
               were
               material
               for
               me
               to
               Answer
               this
               ,
               or
               no
               ;
               but
               as
               the
               Charge
               is
               laid
               ,
               it
               is
               impossible
               I
               should
               be
               guilty
               of
               the
               words
               :
               For
               
               it
               is
               laid
               to
               be
               the
               last
               of
               August
               ,
               next
               following
               the
               21st
               of
               March
               ,
               in
               the
               Eighth
               year
               of
               His
               Majesties
               Reign
               ;
               which
               falls
               out
               to
               be
               when
               I
               was
               in
               Ireland
               .
            
             
               But
               I
               desire
               not
               to
               stand
               on
               such
               Niceties
               ,
               but
               that
               Truth
               may
               appear
               .
            
             
               The
               words
               confessed
               in
               my
               Answer
               ,
               are
               quite
               contrary
               ,
               being
               ,
               That
               the
               little
               Finger
               of
               the
               Law
               ,
               was
               heavier
               than
               the
               Kings
               Loyns
               .
               And
               that
               I
               set
               forth
               in
               my
               Answer
               ,
               and
               the
               occasion
               of
               them
               ;
               which
               these
               Witnesses
               do
               not
               ,
               or
               else
               will
               not
               ,
               remember
               .
               The
               occasion
               was
               this
               :
            
             
               There
               came
               divers
               Levies
               in
               the
               year
               when
               Sir
               
                 Thomas
                 Leyton
              
               was
               Sheriff
               ,
               for
               divers
               great
               sums
               of
               money
               for
               issues
               in
               the
               Knighting-business
               ,
               on
               some
               that
               had
               compounded
               ,
               and
               paid
               their
               money
               to
               me
               ,
               the
               Receiver
               of
               that
               money
               then
               ,
               and
               by
               me
               answered
               in
               the
               Exchequer
               ;
               yet
               these
               Issues
               came
               down
               ,
               through
               some
               Errour
               above
               ,
               and
               were
               levied
               with
               very
               great
               rigour
               by
               Sir
               
                 Thomas
                 Leyton
              
               .
            
             
               When
               I
               came
               down
               ,
               I
               spake
               with
               Sir
               
                 Thomas
                 Leyton
              
               ,
               and
               shewed
               him
               how
               the
               men
               were
               injured
               ;
               and
               did
               desire
               him
               to
               return
               the
               money
               to
               them
               again
               ,
               and
               I
               would
               see
               him
               discharged
               in
               the
               Exchequer
               ,
               which
               he
               was
               contented
               to
               do
               .
               And
               then
               ,
               to
               give
               satisfaction
               to
               the
               Country
               ,
               I
               told
               
               them
               ,
               That
               that
               Commission
               was
               a
               Commission
               of
               Grace
               and
               Favour
               ,
               and
               that
               their
               Compounding
               with
               the
               King
               ,
               was
               an
               ease
               to
               them
               ,
               and
               much
               greater
               ease
               than
               by
               a
               proceeding
               at
               Law
               would
               have
               fallen
               on
               them
               ,
               the
               very
               first
               Issues
               being
               three
               or
               four
               times
               more
               than
               they
               had
               compounded
               the
               whole
               for
               .
               And
               thereupon
               I
               applyed
               that
               Speech
               ,
               That
               the
               little
               Finger
               of
               the
               Law
               was
               heavier
               than
               the
               Loyns
               of
               the
               King.
               For
               if
               I
               should
               then
               have
               fallen
               to
               threaten
               them
               ,
               I
               had
               spoken
               contrary
               to
               the
               end
               I
               had
               proposed
               ,
               which
               was
               to
               incline
               them
               :
               And
               further
               ,
               that
               not
               one
               of
               the
               Witnesses
               spoke
               any
               thing
               to
               the
               occasion
               of
               the
               Speech
               .
            
             
               That
               it
               is
               long
               since
               ,
               and
               was
               never
               yet
               complained
               of
               ;
               and
               that
               man
               must
               have
               a
               stronger
               memory
               than
               I
               ,
               that
               will
               undertake
               to
               swear
               positively
               the
               very
               words
               spoken
               seven
               or
               eight
               years
               ago
               :
               And
               ,
               under
               favour
               ,
               he
               ought
               to
               have
               better
               Ears
               than
               Sir
               
                 Thomas
                 Leyton
              
               ,
               who
               appears
               to
               have
               such
               an
               infirmity
               in
               hearing
               ,
               that
               he
               must
               now
               be
               whoopt
               to
               at
               the
               Barr
               ,
               before
               he
               can
               hear
               ;
               and
               sure
               his
               sense
               of
               hearing
               is
               much
               decayed
               ,
               else
               he
               could
               not
               have
               heard
               me
               speaking
               at
               that
               distance
               to
               the
               place
               where
               the
               Sheriff
               sits
               in
               an
               open
               place
               ,
               as
               far
               distant
               ,
               as
               from
               the
               Barr
               where
               I
               now
               stand
               ,
               to
               my
               Lord
               Steward
               ,
               or
               very
               near
               .
            
             
               Dr.
               Duncombe
               being
               asked
               ,
               Whether
               he
               came
               accidentally
               to
               York
               that
               day
               ?
               and
               what
               he
               heard
               the
               words
               repeated
               to
               be
               ?
            
             
               He
               Answered
               ,
               He
               came
               from
               Durham
               ,
               being
               sent
               for
               on
               other
               occasions
               ;
               
               That
               he
               was
               at
               York
               in
               his
               Journey
               from
               Durham
               ,
               the
               first
               day
               of
               the
               Assizes
               ;
               and
               being
               at
               Dinner
               at
               Dr.
               Stanhopps
               ,
               there
               came
               a
               Gent.
               Sir
               
                 Edward
                 Stanhopp
              
               ,
               who
               called
               Dr.
               Stanhopp
               Uncle
               ,
               from
               the
               Assizes
               .
               That
               the
               Doctor
               asked
               what
               news
               ,
               specially
               concerning
               my
               Lord
               Presidents
               Speech
               ,
               he
               told
               them
               ,
               that
               he
               prest
               hard
               to
               hear
               ,
               and
               could
               tell
               some
               passages
               of
               it
               .
               Then
               they
               asked
               what
               they
               were
               ,
               says
               he
               ,
               My
               Lord
               President
               was
               speaking
               of
               this
               ,
               That
               the
               way
               of
               the
               Prerogative
               was
               in
               some
               particulars
               ,
               easier
               than
               the
               Common
               Law
               :
               And
               in
               his
               expression
               ,
               he
               said
               these
               words
               ,
               The
               little
               Finger
               of
               the
               Common
               Law
               ,
               is
               heavier
               than
               the
               Loyns
               of
               the
               King.
               This
               the
               said
               Sir
               
                 Edward
                 Stanhopp
              
               told
               him
               ,
               in
               the
               presence
               of
               divers
               others
               ,
               who
               he
               thinks
               ,
               do
               remember
               the
               words
               were
               so
               related
               ;
               and
               that
               he
               had
               related
               them
               often
               since
               ,
               and
               never
               took
               it
               otherwise
               ,
               till
               he
               saw
               it
               in
               the
               Charge
               ;
               and
               there
               it
               was
               clear
               otherwise
               .
            
             
               And
               upon
               further
               question
               ,
               at
               my
               Lord
               of
               Straffords
               motion
               ,
            
             
               He
               Answered
               ,
               That
               he
               never
               acquainted
               my
               Lord
               of
               Strafford
               that
               he
               could
               say
               any
               thing
               in
               this
               ,
               till
               Sunday
               night
               ;
               and
               then
               talking
               with
               Sir
               
                 William
                 Pennyman
              
               ,
               he
               told
               Sir
               William
               the
               story
               .
            
             
               My
               Lord
               of
               Strafford
               desired
               Sir
               
                 William
                 Pennyman
              
               might
               be
               heard
               ;
               
               and
               humbly
               acknowledged
               the
               Favour
               that
               had
               been
               done
               him
               by
               the
               House
               of
               Commons
               ,
               in
               giving
               liberty
               unto
               it
               upon
               his
               suit
               .
            
             
               Sir
               
                 William
                 Pennyman
              
               being
               asked
               ,
               whether
               he
               was
               present
               at
               the
               time
               when
               my
               Lord
               of
               Strafford
               spoke
               the
               words
               of
               comparison
               ,
               between
               the
               Kings
               little
               Finger
               ,
               and
               the
               Loyns
               of
               the
               Law
               ;
               what
               was
               spoke
               ,
               and
               what
               was
               the
               occasion
               :
            
             
               He
               Answered
               ,
               That
               he
               was
               present
               at
               the
               Assizes
               at
               York
               at
               that
               time
               ,
               and
               heard
               my
               Lord
               speak
               these
               words
               in
               another
               order
               and
               position
               ,
               than
               is
               testified
               by
               these
               three
               Witnesses
               .
               And
               in
               truth
               (
               he
               said
               )
               he
               could
               wish
               he
               spake
               now
               on
               his
               Oath
               ,
               for
               he
               knew
               he
               spake
               on
               much
               disadvantage
               ;
               The
               occcasion
               was
               this
               ,
               A
               Rumour
               was
               cast
               up
               and
               down
               in
               the
               Country
               ,
               That
               
               my
               Lord
               of
               Strafford
               had
               received
               great
               sums
               of
               money
               concerning
               Knighthood
               ,
               which
               he
               had
               detained
               in
               his
               own
               hands
               ,
               and
               not
               paid
               into
               the
               Exchequer
               ;
               Hearing
               of
               this
               ,
               his
               Lordship
               thought
               himself
               much
               wronged
               in
               it
               ,
               and
               took
               occasion
               to
               vindicate
               himself
               ;
               and
               there
               spoke
               of
               it
               ,
               and
               told
               them
               ,
               (
               to
               the
               best
               of
               his
               remembrance
               )
               there
               was
               some
               omission
               on
               the
               Secretaries
               part
               ,
               or
               some
               of
               the
               Officers
               of
               the
               Exchequer
               .
               Hereupon
               my
               Lord
               took
               occasion
               to
               discourse
               of
               the
               Legality
               of
               Knighthood-money
               ;
               and
               told
               them
               ,
               Gentlemen
               ,
               you
               may
               see
               this
               is
               a
               Commission
               of
               Grace
               and
               Favour
               :
               for
               whereas
               you
               may
               compound
               with
               the
               King
               for
               a
               matter
               of
               20
               or
               30
               l.
               you
               have
               in
               two
               or
               three
               Terms
               ,
               run
               into
               great
               sums
               .
               He
               added
               ,
               That
               he
               did
               not
               remember
               the
               proportion
               ;
               but
               the
               Inference
               was
               ,
               So
               that
               you
               may
               see
               ,
               that
               the
               little
               Finger
               of
               the
               Law
               ,
               is
               heavier
               than
               the
               Loyns
               of
               the
               King.
               
            
             
               One
               of
               the
               Managers
               desired
               he
               might
               be
               asked
               ,
               by
               what
               means
               this
               
               was
               brought
               into
               his
               memory
               ,
               and
               how
               long
               since
               :
            
             
               He
               Answered
               ,
               He
               had
               the
               retention
               of
               it
               in
               his
               memory
               before
               ;
               but
               it
               was
               revived
               on
               occasion
               of
               these
               Articles
               ,
               when
               they
               were
               exhibited
               .
            
             
               It
               is
               enough
               ,
               and
               he
               did
               his
               Duty
               well
               ,
               that
               being
               a
               Member
               of
               the
               
               House
               of
               Commons
               ,
               he
               never
               informed
               the
               House
               of
               it
               .
            
             
               
                 My
                 Lords
              
               ,
               I
               desire
               my
               Answer
               may
               be
               read
               ;
               wherein
               ,
               the
               occasion
               ,
               and
               
               the
               words
               ,
               are
               directly
               set
               forth
               ,
               quite
               contrary
               to
               those
               in
               the
               Charge
               ;
               and
               I
               protest
               ,
               that
               I
               will
               take
               my
               Oath
               on
               it
               ,
               That
               it
               was
               so
               .
            
             
               And
               my
               humble
               request
               is
               ,
               That
               no
               Witness
               I
               produce
               ,
               may
               be
               prejudiced
               for
               any
               Testimony
               he
               shall
               give
               here
               ,
               being
               with
               the
               Liberty
               and
               Allowance
               of
               both
               Houses
               .
               For
               if
               they
               should
               be
               discountenanced
               ,
               nay
               ,
               punished
               for
               it
               ,
               I
               should
               think
               my self
               a
               very
               unhappy
               man
               indeed
               ;
               and
               rather
               than
               I
               should
               prejudice
               any
               man
               in
               that
               kind
               ,
               I
               profess
               ,
               I
               would
               put
               my self
               on
               Gods
               mercy
               and
               goodness
               ,
               and
               not
               make
               use
               of
               any
               Member
               of
               either
               House
               ,
               (
               and
               my
               principal
               Witnesses
               must
               be
               of
               both
               Houses
               )
               rather
               than
               acquit
               my self
               by
               their
               prejudice
               ;
               for
               I
               accompt
               it
               an
               unjust
               thing
               ,
               to
               overthrow
               another
               to
               save
               my self
               .
            
             
               The
               Testimony
               of
               a
               Member
               of
               the
               House
               ,
               hath
               great
               credit
               in
               the
               
               House
               ,
               and
               they
               take
               not
               the
               least
               exception
               against
               Sir
               
                 William
                 Pennyman
              
               ,
               for
               any
               thing
               he
               said
               before
               their
               Lordships
               ,
               but
               wish
               he
               may
               speak
               with
               clearness
               and
               truth
               ;
               but
               had
               he
               informed
               this
               particular
               himself
               to
               the
               House
               ,
               he
               had
               done
               my
               Lord
               of
               Strafford
               more
               right
               ,
               than
               by
               not
               informing
               ,
               to
               let
               it
               come
               in
               Charge
               ;
               and
               bring
               in
               his
               Testimony
               contrary
               to
               his
               Vote
               .
               When
               a
               Witness
               hears
               a
               thing
               in
               question
               ,
               though
               it
               be
               not
               required
               of
               him
               ,
               certainly
               he
               should
               vindicate
               the
               Reputation
               of
               his
               Friend
               ,
               in
               contradicting
               it
               in
               season
               ,
               but
               it
               is
               not
               so
               done
               ;
               and
               certainly
               his
               silence
               to
               the
               House
               ,
               was
               not
               well
               .
            
             
               
                 My
                 Lords
              
               ,
               This
               concerns
               me
               nearly
               ,
               This
               Gentleman
               ,
               Sir
               
                 William
                 Pennyman
              
               ,
               is
               my
               Noble
               Friend
               ,
               and
               a
               Worthy
               Gentleman
               ;
               and
               I
               would
               
               give
               him
               my
               Life
               on
               any
               occasion
               :
               but
               I
               know
               him
               to
               be
               a
               Person
               so
               full
               of
               Virtue
               and
               Nobleness
               ,
               that
               he
               would
               not
               speak
               an
               untruth
               for
               all
               the
               world
               ;
               perhaps
               he
               might
               not
               think
               fit
               to
               speak
               it
               in
               the
               House
               ,
               men
               are
               left
               at
               their
               liberty
               .
            
             
             
               The
               Charge
               came
               out
               in
               Print
               very
               lately
               ,
               and
               whether
               Sir
               
                 William
                 Pennyman
              
               might
               know
               any
               thing
               of
               it
               ,
               I
               leave
               it
               to
               those
               that
               better
               understand
               it
               .
               But
               with
               this
               humble
               Request
               to
               the
               noble
               and
               worthy
               Gentlemen
               of
               the
               Commons
               House
               ,
               That
               they
               would
               please
               to
               regard
               it
               so
               ,
               that
               no
               man
               may
               suffer
               by
               me
               ,
               I
               protest
               I
               had
               rather
               suffer
               ten
               thousand
               times
               my self
               .
            
             
               The
               business
               concerns
               the
               House
               of
               Commons
               ,
               the
               Committee
               knows
               not
               how
               they
               will
               apprehend
               it
               ;
               But
               it
               is
               only
               offered
               ,
               That
               the
               Judgment
               
               of
               the
               House
               of
               Commons
               may
               not
               be
               prejudiced
               .
            
             
               The
               Lord
               Steward
               concluded
               this
               matter
               ,
               That
               his
               Lorship
               is
               put
               upon
               
               the
               Trial
               of
               his
               Peers
               ,
               who
               will
               give
               him
               all
               fair
               Respect
               .
               That
               his
               Lordship
               shall
               be
               denied
               no
               just
               way
               for
               his
               clearing
               ,
               that
               he
               could
               say
               nothing
               in
               the
               Name
               of
               the
               Lords
               to
               this
               particular
               that
               's
               come
               out
               on
               the
               present
               ,
               nor
               these
               Gentlemen
               in
               the
               name
               of
               the
               Commons
               ,
               only
               he
               may
               be
               sure
               to
               find
               all
               that
               is
               fit
               :
               which
               my
               Lord
               of
               Strafford
               said
               he
               doubted
               not
               ,
               and
               hoped
               their
               Lordship
               would
               pardon
               him
               for
               moving
               it
               ,
               it
               concerning
               him
               very
               much
               .
            
             
               As
               to
               the
               mistake
               in
               point
               of
               time
               ,
               the
               Commons
               laying
               it
               to
               be
               after
               
               the
               Commission
               21.
               
               March
               ,
               8
               Reg.
               and
               prove
               it
               to
               be
               before
               the
               time
               ,
               is
               not
               at
               all
               material
               .
               The
               offence
               is
               not
               that
               he
               spake
               it
               on
               that
               day
               ,
               but
               that
               he
               spake
               the
               words
               .
            
             
               The
               Exception
               to
               Sir
               Thomas
               Leyton's
               Testimony
               ,
               that
               he
               had
               need
               to
               have
               better
               Ears
               ;
               he
               is
               a
               Gentleman
               of
               worth
               ,
               his
               Deposition
               is
               an
               Oath
               ,
               and
               he
               knew
               best
               what
               he
               heard
               ;
               the
               truth
               is
               ,
               he
               stood
               within
               little
               distance
               of
               my
               Lord
               when
               he
               spake
               the
               words
               ,
               and
               hath
               not
               been
               deaf
               above
               two
               months
               ,
               and
               two
               other
               Witnesses
               concur
               fully
               with
               him
               .
            
             
               For
               Doctor
               Duncombe
               ,
               whether
               he
               be
               the
               man
               that
               laid
               Aspersions
               in
               the
               North
               on
               some
               Noble
               Lords
               ,
               I
               know
               not
               ;
               but
               his
               Testimony
               only
               is
               ,
               that
               he
               heard
               so
               from
               one
               that
               spake
               it
               at
               the
               Table
               ,
               not
               upon
               Oath
               ,
               and
               not
               knowing
               what
               use
               would
               be
               made
               of
               it
               .
               And
               another
               Witness
               shall
               be
               produced
               ,
               that
               will
               speak
               to
               the
               occasion
               ,
               and
               that
               it
               was
               not
               the
               matter
               of
               Knighting-money
               .
            
             
               Sir
               
                 Thomas
                 Leyton
              
               being
               asked
               how
               long
               he
               hath
               had
               this
               Infirmity
               in
               his
               hearing
               .
            
             
               Answered
               ,
               That
               he
               got
               a
               great
               Cold
               since
               he
               came
               to
               Town
               ,
               and
               had
               this
               Imperfection
               since
               Christmas
               ,
               and
               had
               his
               hearing
               well
               before
               .
            
             
               Being
               asked
               how
               far
               he
               sate
               from
               my
               Lord
               of
               Strafford
               .
            
             
               He
               Answered
               ,
               Four
               yards
               off
               .
            
             
               
                 My
                 Lord
              
               of
               Strafford
               desired
               it
               might
               be
               asked
               the
               Witness
               ,
               Whether
               he
               sate
               on
               the
               Seat
               where
               the
               Sheriff
               uses
               to
               fit
               ,
               he
               answered
               Affirmatively
               .
               His
               Lordship
               excepted
               against
               his
               Testimony
               ,
               himself
               sitting
               where
               the
               President
               uses
               to
               sit
               ,
               betwixt
               my
               Lord
               Chief
               Baron
               and
               Mr.
               Justice
               Vernon
               :
               And
               he
               Appealed
               to
               my
               Lord
               Chief
               Baron
               ,
               Whether
               the
               Presidents
               Seat
               and
               the
               Sheriffs
               Seat
               ,
               be
               not
               as
               far
               distant
               ,
               very
               near
               as
               far
               ,
               as
               from
               his
               Lordships
               then
               station
               to
               the
               Lord
               Steward
               .
            
             
               But
               the
               Committee
               observed
               it
               not
               to
               be
               material
               ,
               that
               there
               should
               be
               any
               Geometrical
               measure
               ,
               but
               be
               three
               ,
               four
               ,
               five
               ,
               six
               or
               seven
               yards
               off
               .
            
             
               Here
               the
               Committee
               offered
               other
               Witnesses
               ,
               but
               my
               Lord
               of
               Strafford
               desired
               their
               Lordships
               Judgment
               ,
               Whether
               they
               should
               not
               bring
               all
               together
               ,
               which
               the
               Lord
               Steward
               declared
               they
               might
               as
               to
               this
               Point
               .
            
             
               Sir
               
                 David
                 Fowles
              
               being
               produced
               ,
               was
               excepted
               against
               .
            
             
             
               
                 My
                 Lords
              
               ,
               He
               is
               no
               competent
               Witnesse
               ,
               he
               lying
               in
               the
               Fleet
               ,
               on
               a
               Sentence
               in
               the
               Star-Chamber
               at
               my
               Suit
               ,
               being
               fined
               for
               divers
               things
               he
               
               had
               said
               ,
               which
               concerned
               my self
               ,
               which
               depended
               on
               this
               in
               question
               ,
               and
               conducing
               to
               it
               .
            
             
               He
               comes
               not
               at
               his
               own
               Request
               or
               Suit
               ,
               but
               in
               a
               Suit
               that
               concerns
               
               His
               Majesty
               and
               the
               Commonwealth
               ,
               and
               might
               offer
               the
               Presidents
               own
               Rule
               in
               the
               Case
               ,
               but
               that
               the
               Law
               speaks
               for
               him
               ;
               that
               a
               Witness
               ought
               to
               be
               heard
               in
               this
               Cause
               ,
               though
               there
               have
               been
               particular
               ill
               affections
               between
               them
               ,
               and
               your
               Lordships
               well
               know
               how
               to
               compare
               him
               with
               other
               Witnesses
               ,
               and
               to
               value
               him
               accordingly
               .
            
             
               This
               hath
               been
               Resolved
               in
               the
               Case
               of
               Sir
               
                 Pierce
                 Crosby
              
               ,
               that
               he
               should
               be
               sworn
               ,
               and
               then
               value
               his
               Testimony
               ,
               as
               the
               Lords
               shall
               see
               Cause
               ,
               and
               
               this
               may
               be
               put
               into
               the
               same
               way
               .
            
             
               Sir
               
                 David
                 Fowles
              
               being
               sworn
               ,
               the
               Lord
               Steward
               put
               them
               in
               mind
               of
               the
               former
               Caution
               ,
               that
               their
               Lordships
               would
               judge
               the
               value
               of
               his
               Testimony
               ,
               the
               Committee
               not
               admitting
               what
               was
               excepted
               against
               him
               ,
               he
               being
               not
               to
               obtain
               any
               thing
               for
               himself
               ,
               nor
               his
               own
               Interest
               concerned
               ,
               but
               produced
               for
               the
               King
               and
               Commonwealth
               ,
               and
               therefore
               an
               indifferent
               Witness
               in
               the
               Case
               .
            
             
               And
               then
               being
               Interrogated
               ,
               touching
               the
               words
               of
               Comparison
               between
               the
               King
               's
               little
               Finger
               and
               the
               Loins
               of
               the
               Law
               ,
               whether
               he
               heard
               them
               ,
               and
               the
               occasion
               .
            
             
               Sir
               
                 David
                 Fowles
              
               answered
               ,
               He
               heard
               him
               say
               the
               very
               same
               words
               ,
               
               That
               there
               were
               some
               for
               Law
               ,
               and
               nothing
               but
               Law
               ;
               but
               the
               King
               's
               little
               Finger
               should
               be
               heavier
               on
               them
               than
               the
               Loins
               of
               the
               Law.
               The
               occasion
               he
               cannot
               well
               remember
               ;
               but
               there
               was
               some
               discontent
               taken
               by
               my
               Lord
               against
               him
               he
               being
               desired
               by
               a
               Messenger
               to
               levy
               Mony
               to
               mend
               a
               Bridge
               ,
               he
               told
               the
               Messenger
               ,
               He
               could
               not
               well
               do
               it
               of
               himself
               ,
               for
               there
               was
               a
               Statute
               ,
               as
               he
               took
               it
               24
               H.
               8.
               that
               appoints
               four
               Commissioners
               to
               be
               at
               the
               doing
               of
               such
               Service
               ,
               and
               he
               being
               but
               One
               ,
               durst
               not
               undertake
               to
               do
               it
               :
               Besides
               ,
               he
               said
               ,
               He
               must
               see
               an
               Order
               or
               Warrant
               from
               the
               Sessions
               ,
               else
               he
               could
               not
               do
               it
               ,
               and
               none
               was
               shewed
               .
               Some
               other
               Exceptions
               he
               took
               to
               the
               unlawfulness
               of
               the
               business
               ,
               and
               the
               Messenger
               reported
               this
               to
               my
               Lord
               ,
               and
               that
               he
               conceived
               was
               the
               cause
               my
               Lord
               broke
               out
               so
               violently
               against
               him
               .
            
             
               But
               being
               Interrogated
               on
               what
               occasion
               the
               words
               in
               question
               were
               spoken
               .
            
             
               He
               answered
               ,
               Before
               my
               Lord
               went
               to
               Ireland
               ,
               he
               made
               a
               Speech
               to
               the
               whole
               County
               ,
               and
               desired
               them
               to
               go
               on
               in
               their
               Service
               ;
               and
               so
               brake
               out
               ,
               Some
               are
               all
               for
               Law
               ,
               but
               they
               shall
               find
               the
               Kings
               little
               Finger
               heavier
               on
               them
               than
               the
               Loins
               of
               the
               Law.
               And
               this
               is
               all
               he
               can
               remember
               .
            
             
               Sir
               
                 William
                 Ingram
              
               sworn
               and
               examined
               ,
               touching
               his
               knowledge
               of
               these
               words
               .
            
             
               Answered
               ,
               That
               he
               was
               on
               the
               Bench
               at
               that
               time
               ,
               Sir
               
                 Thomas
                 Leyton
              
               was
               Sheriff
               ,
               and
               he
               heard
               my
               Lord
               speak
               these
               words
               ;
               Some
               of
               you
               are
               all
               for
               Law
               ,
               but
               you
               shall
               find
               that
               the
               King
               's
               little
               Finger
               is
               heavier
               than
               the
               Loins
               of
               the
               Law
               ,
               but
               he
               doth
               not
               remember
               the
               occasion
               .
            
             
             
               The
               main
               point
               I
               must
               insist
               on
               is
               ,
               That
               the
               very
               words
               ,
               if
               they
               had
               been
               spoken
               by
               me
               ,
               as
               they
               are
               laid
               (
               concerning
               which
               ,
               I
               call
               God
               to
               witness
               ,
               
               I
               have
               spoken
               the
               truth
               ,
               and
               the
               occasion
               .
               )
               It
               is
               no
               Treason
               within
               the
               Statute
               .
               And
               that
               being
               a
               point
               of
               Law
               ,
               I
               crave
               leave
               to
               reserve
               my self
               according
               to
               your
               Lordships
               Order
               ,
               that
               my
               Counsel
               ,
               in
               time
               fitting
               and
               proper
               ,
               may
               speak
               as
               concerning
               that
               in
               point
               of
               Law.
               
            
             
               We
               shall
               close
               this
               Article
               ,
               the
               last
               thing
               mentioned
               by
               his
               Lordship
               
               was
               spoken
               to
               before
               ;
               as
               to
               the
               words
               ,
               we
               had
               five
               Witnesses
               express
               in
               the
               Point
               ,
               and
               therefore
               shall
               expect
               your
               Lordships
               Judgment
               in
               that
               .
               And
               so
               the
               Court
               was
               adjourned
               .
            
          
        
         
           
             The
             Fourth
             day
             .
             Thursday
             ,
             March
             25.
             1641.
             
          
           
           
             THE
             Third
             Article
             .
             
               The
               Charge
            
             .
          
           
             
               THat
               the
               Realm
               of
            
             Ireland
             
               having
               béen
               ,
               time
               out
               of
               mind
               ,
               annexed
            
             
             
               to
               the
               Imperial
               Crown
               of
               this
               His
               Majesties
               Realm
               of
            
             England
             ,
             
               and
               governed
               by
               the
               same
               Laws
               :
               The
               said
               Earl
               being
               Lord-Deputy
               of
               that
               Realm
               ,
               to
               bring
               His
               Majesties
               Liege-Subjects
               of
               that
               Kingdom
               likewise
               into
               dislike
               of
               His
               Majesties
               Government
               ,
               and
               intending
               the
               Subversion
               of
               the
               Fundamental
               Laws
               ,
               and
               setled
               Government
               of
               that
               Realm
               ,
               and
               the
               destruction
               of
               His
               Majesties
               Liege-people
               there
               ;
               did
               upon
               the
            
             30th
             
               day
               of
            
             September
             ,
             
               in
               the
               Ninth
               Year
               of
               His
               now
               Majesties
               Reign
               ,
               in
               the
               City
               of
            
             Dublin
             
               (
               the
               chief
               City
               of
               that
               Realm
               ,
               where
               His
               Majesties
               Privy-Council
               ,
               and
               Courts
               of
               Iustice
               do
               ordinarily
               reside
               ,
               and
               whither
               the
               Nobility
               and
               Gentry
               of
               that
               Realm
               do
               usually
               resort
               for
               Iustice
               ,
               )
               in
               a
               publick
               Speech
               ,
               before
               divers
               of
               the
               Nobility
               and
               Gentry
               of
               that
               Kingdom
               ,
               and
               before
               the
               Mayor
               ,
               Aldermen
               ,
               and
               Recorder
               ,
               and
               many
               Citizens
               of
            
             Dublin
             ,
             
               and
               other
               His
               Majesties
               Liege-people
               ,
               declare
               and
               publish
               ,
               That
            
             Ireland
             
               was
               a
               Conquered
               Nation
               ,
               and
               that
               the
               King
               might
               do
               with
               them
               what
               he
               pleased
               :
               And
               speaking
               of
               the
            
             
             
               Charters
               of
               former
               Kings
               of
            
             England
             
               made
               to
               that
               City
               :
               He
               further
               then
               said
               ,
               That
               their
               Charters
               were
               nothing
               worth
               ,
               and
               did
               bind
               the
               King
               no
               further
               than
               he
               pleased
               .
            
          
           
             I
             Humbly
             move
             your
             Lordship
             ,
             That
             since
             diverse
             things
             were
             spoken
             
             by
             the
             Witnesses
             Yesterday
             ,
             which
             I
             conceiving
             not
             material
             as
             to
             the
             Charge
             ,
             forbore
             to
             answer
             to
             them
             ,
             whereby
             I
             understand
             I
             have
             received
             some
             prejudice
             ;
             therefore
             I
             desire
             I
             may
             now
             give
             satisfaction
             therein
             ,
             being
             well
             able
             to
             do
             it
             .
          
           
             We
             hope
             your
             Lordships
             remember
             your
             own
             Order
             .
             We
             desire
             he
             may
             not
             have
             that
             allowed
             him
             to
             day
             ,
             which
             was
             not
             granted
             him
             Yesterday
             .
             
          
           
             The
             Evidence
             having
             been
             given
             for
             His
             Majesty
             ,
             my
             Lord
             of
             Strafford
             having
             answered
             ,
             and
             the
             Commons
             Replied
             :
             Touching
             which
             the
             Lord
             Steward
             declared
             ,
             that
             the
             due
             Course
             had
             been
             followed
             ;
             The
             Evidence
             being
             given
             for
             the
             King
             ,
             my
             Lord
             having
             Answered
             ,
             and
             a
             Reply
             made
             .
          
           
             
               My
               Lord
            
             ,
             this
             is
             a
             Court
             of
             Honour
             ,
             which
             is
             a
             Rule
             to
             it self
             ,
             and
             no
             other
             Court
             is
             a
             Rule
             to
             it
             ;
             and
             therefore
             if
             any
             thing
             were
             omitted
             one
             
             day
             ,
             through
             want
             of
             memory
             ,
             your
             Lordships
             may
             in
             your
             Nobleness
             allow
             another
             .
             Your
             Lordships
             being
             your
             own
             Judges
             and
             Rule
             ,
             and
             most
             fit
             it
             should
             be
             so
             .
             I
             do
             therefore
             beseech
             your
             Lordships
             ,
             that
             I
             may
             have
             liberty
             to
             offer
             new
             matter
             formerly
             omitted
             ,
             else
             I
             shall
             be
             on
             great
             disadvantage
             ,
             being
             to
             answer
             on
             a
             suddain
             ,
             and
             had
             no
             time
             till
             Friday
             last
             to
             bring
             in
             Witnesses
             ,
             and
             many
             perhaps
             may
             come
             up
             before
             my
             Trial
             ends
             .
          
           
             We
             desire
             in
             the
             Name
             of
             the
             Commons
             of
             England
             ,
             we
             may
             proceed
             according
             to
             the
             Rule
             propounded
             ,
             that
             his
             Lordship
             may
             not
             invert
             the
             
             course
             on
             pretence
             of
             new
             matter
             ,
             for
             then
             it
             will
             be
             impossible
             for
             us
             to
             make
             good
             the
             Charge
             :
             (
             Which
             was
             accordingly
             Resolved
             )
             adding
             further
             ,
             that
             there
             hath
             been
             ostentation
             of
             more
             Evidence
             ,
             We
             desire
             it
             may
             make
             no
             Impression
             with
             your
             Lordships
             .
          
           
             We
             shall
             open
             the
             Third
             Article
             ,
             containing
             very
             seditious
             words
             ,
             spoken
             by
             my
             Lord
             of
             Strafford
             ,
             in
             a
             publick
             Assembly
             ,
             to
             the
             Kings
             Subjects
             ,
             
             That
             Ireland
             is
             a
             Conquer'd
             Nation
             ,
             That
             the
             King
             may
             do
             with
             them
             what
             he
             pleaseth
             :
             And
             speaking
             of
             the
             Charters
             of
             Dublin
             ,
             He
             said
             ,
             The
             Charters
             are
             nothing
             worth
             ,
             and
             binding
             the
             King
             no
             farther
             than
             he
             pleases
             .
          
           
             I
             humbly
             desire
             ,
             
               My
               Lords
            
             ,
             that
             the
             Witnesses
             may
             stand
             in
             another
             Room
             from
             the
             Committee
             ,
             it
             being
             not
             usual
             in
             other
             Courts
             ,
             though
             I
             
             dare
             not
             offer
             any
             Court
             to
             be
             a
             Rule
             to
             this
             ,
             and
             that
             your
             Lordship
             will
             direct
             the
             question
             .
          
           
             We
             have
             been
             sensible
             his
             Lordship
             hath
             been
             large
             in
             his
             Imputations
             .
             We
             shall
             behave
             our selves
             as
             becomes
             us
             in
             duty
             ;
             we
             speak
             nothing
             to
             
             the
             Witnesses
             ,
             but
             what
             any
             man
             may
             hear
             ,
             and
             we
             must
             tell
             them
             what
             they
             must
             speak
             to
             ,
             and
             less
             we
             cannot
             do
             .
          
           
           
             I
             am
             the
             loathest
             man
             in
             the
             World
             to
             speak
             any
             thing
             that
             may
             give
             offence
             in
             general
             or
             particular
             ;
             neither
             did
             I
             charge
             any
             ,
             only
             desired
             
             that
             they
             might
             stand
             clear
             ,
             and
             that
             the
             question
             might
             come
             immediately
             to
             them
             from
             your
             Lordship
             .
          
           
             
               Robert
               Kennyday
            
             produced
             and
             sworn
             .
          
           
             I
             humbly
             offer
             to
             your
             Lordships
             ,
             That
             this
             Witness
             hath
             been
             questioned
             
             for
             many
             Misdemeanors
             ,
             and
             extortion
             in
             execution
             of
             his
             Place
             ,
             as
             Remembrancer
             of
             the
             Exchequer
             ,
             and
             for
             this
             was
             sentenced
             ;
             and
             that
             he
             knew
             he
             wished
             his
             Lordship
             no
             great
             good
             ;
             and
             left
             it
             to
             their
             Lordships
             ,
             Whether
             he
             be
             a
             fit
             Witness
             ,
             adding
             it
             to
             be
             his
             Misfortune
             ,
             That
             all
             that
             have
             suffered
             under
             the
             Kings
             Justice
             in
             his
             Ministry
             ,
             are
             ready
             to
             be
             Witnesses
             against
             him
             .
          
           
             
               My
               Lords
            
             ,
             if
             he
             be
             guilty
             of
             Extortion
             ,
             it
             follows
             not
             that
             he
             is
             therefore
             
             guilty
             of
             Perjury
             ,
             neither
             doth
             any
             thing
             stand
             proved
             :
             But
             if
             he
             hath
             taken
             a
             sum
             of
             Money
             ,
             that
             makes
             him
             not
             to
             be
             believed
             when
             he
             gives
             Testimony
             .
          
           
             
               Robert
               Kennyday
            
             being
             examined
             what
             words
             my
             Lord
             of
             Strafford
             spake
             
             in
             Dublin
             ,
             of
             Ireland
             ,
             Whether
             it
             was
             a
             Conquer'd
             Nation
             ,
             and
             what
             he
             said
             of
             the
             Charters
             of
             Dublin
             ,
             and
             when
             .
          
           
             He
             Answered
             ,
             That
             30.
             of
             September
             ,
             1633.
             he
             was
             the
             Kings
             Remembrancer
             in
             Ireland
             ,
             and
             that
             day
             the
             new
             Mayor
             of
             Dublin
             was
             presented
             to
             my
             Lord.
             The
             Recorder
             of
             the
             City
             making
             a
             Speech
             ,
             touching
             the
             Presentment
             of
             the
             Mayor
             ,
             cited
             many
             of
             the
             Favors
             and
             Graces
             of
             the
             Kings
             and
             Queens
             of
             England
             ,
             and
             ,
             among
             the
             rest
             ,
             one
             Charter
             ,
             wherein
             he
             alledged
             was
             contained
             ;
             That
             no
             Lieutenant
             ,
             Deputy
             ,
             or
             Governor
             for
             the
             time
             being
             ,
             or
             any
             Justice
             or
             Justices
             could
             assess
             ,
             or
             lay
             any
             Souldiers
             on
             the
             City
             of
             Dublin
             ,
             without
             their
             consent
             .
             That
             after
             the
             Recorder
             had
             made
             an
             end
             of
             Speaking
             ,
             my
             Lord
             Lieutenant
             was
             pleased
             to
             Answer
             him
             in
             many
             Particulars
             :
             Among
             the
             rest
             ,
             he
             told
             them
             ,
             You
             are
             a
             Conquer'd
             Nation
             ,
             and
             the
             King
             may
             do
             to
             you
             what
             he
             pleases
             ,
             and
             for
             your
             antiquated
             Charters
             ,
             they
             bind
             nothing
             farther
             then
             pleases
             Him.
             
          
           
             The
             Witness
             added
             some
             things
             ,
             to
             take
             off
             the
             Aspertions
             cast
             on
             him
             by
             his
             Lordship
             ,
             saying
             ,
             He
             was
             never
             brought
             to
             Censure
             .
          
           
             Being
             asked
             on
             my
             Lord
             of
             
             Strafford's
             Motion
             ,
             Whether
             he
             said
             they
             were
             not
             void
             by
             misusage
             ,
             or
             the
             like
             .
          
           
             He
             answered
             ,
             No
             truly
             ,
             Not
             a
             word
             that
             he
             heard
             .
          
           
             Richard
             Earl
             of
             Corke
             produced
             and
             sworn
             .
          
           
             I
             must
             profess
             ,
             
               My
               Lords
            
             ,
             my
             sorrow
             and
             unwillingness
             to
             speak
             my
             Exceptions
             to
             the
             Earl
             of
             Cork
             ,
             as
             conceiving
             him
             no
             competent
             Witness
             ,
             in
             
             respect
             of
             an
             Information
             exhibited
             against
             him
             in
             the
             
             Castle-Chamber
             ,
             by
             the
             King's
             Attorney
             there
             ,
             which
             I
             desire
             may
             be
             read
             ,
             and
             is
             ,
             I
             will
             not
             say
             in
             all
             the
             points
             of
             it
             ,
             but
             so
             far
             acknowledged
             ,
             that
             he
             confesses
             himself
             ,
             under
             his
             Hand
             and
             Seal
             ,
             to
             be
             in
             the
             mercy
             of
             the
             King
             ,
             and
             desires
             he
             may
             be
             made
             the
             Object
             of
             his
             Majesties
             Compassion
             ,
             not
             of
             His
             Justice
             .
             And
             when
             your
             Lordships
             shall
             see
             the
             nature
             of
             it
             ,
             I
             Appeal
             to
             your
             Lordships
             ,
             Whether
             my
             Lord
             of
             Cork
             shall
             be
             admitted
             as
             a
             Witness
             against
             me
             ,
             especially
             he
             being
             a
             little
             displeased
             ,
             and
             I
             am
             sorry
             for
             it
             ;
             
             for
             something
             done
             in
             the
             Cause
             ,
             he
             giving
             15000
             l.
             for
             a
             Composition
             which
             the
             King
             had
             .
          
           
             There
             are
             two
             grounds
             of
             my
             Lord
             of
             Straffords
             Exception
             to
             the
             Earl
             
             of
             
             Corke's
             Testimony
             ,
             as
             I
             conceive
             .
             First
             ,
             His
             Censure
             ,
             or
             questioning
             upon
             the
             Information
             against
             him
             in
             the
             Castle-Chamber
             ,
             which
             we
             have
             heard
             ,
             to
             be
             much
             of
             the
             nature
             of
             the
             Star-Chamber
             here
             :
             And
             that
             part
             we
             suppose
             ,
             was
             cleared
             by
             Your
             Lordships
             wisdom
             yesterday
             ;
             That
             not
             a
             Censure
             ,
             much
             less
             an
             Information
             in
             the
             Star-Chamber
             ,
             should
             be
             a
             fit
             Exception
             against
             a
             Witness
             .
             The
             other
             part
             is
             ,
             the
             ill
             will
             which
             my
             Lord
             of
             Corke
             ,
             may
             bear
             my
             Lord
             of
             Strafford
             on
             that
             occasion
             .
             Truly
             ,
             
               (
               My
               Lords
            
             )
             if
             ill
             will
             ,
             and
             offence
             against
             my
             Lord
             of
             Strafford
             should
             be
             an
             exception
             and
             prejudice
             to
             a
             Witness
             ,
             I
             am
             afraid
             there
             will
             be
             few
             in
             the
             three
             Kingdoms
             ,
             whose
             Testimonials
             will
             not
             be
             prejudiced
             .
             But
             this
             I
             humbly
             offer
             to
             Your
             Lordships
             likewise
             ,
             My
             Lord
             of
             Corke
             is
             a
             Privy
             Councellor
             to
             His
             Majesty
             ,
             and
             made
             a
             Privy
             Councellor
             since
             by
             His
             Majesty
             ;
             and
             certainly
             it
             is
             not
             seemly
             ,
             to
             have
             that
             Reproach
             cast
             on
             such
             a
             Person
             ,
             That
             for
             a
             Prosecution
             in
             the
             Star-Chamber
             ,
             he
             should
             be
             made
             an
             uncompetent
             Witness
             .
          
           
             The
             reading
             of
             the
             Information
             being
             hereupon
             denied
             ,
             My
             Lord
             of
             Corke
             was
             asked
             ,
             What
             words
             he
             heard
             my
             Lord
             of
             Strafford
             speak
             ,
             touching
             Ireland
             being
             a
             Conquered
             Nation
             ,
             and
             that
             the
             Charters
             of
             it
             were
             of
             no
             value
             ,
             further
             then
             it
             pleased
             the
             King
             to
             make
             them
             .
          
           
             His
             Lordship
             answered
             ,
             And
             first
             desired
             leave
             to
             speak
             a
             word
             ,
             hoping
             
             he
             should
             do
             no
             wrong
             to
             any
             man
             :
             That
             when
             he
             had
             obtained
             my
             Lords
             Licence
             ,
             under
             the
             Great
             Seal
             ,
             to
             come
             over
             hither
             ,
             he
             came
             with
             as
             great
             a
             Resolution
             ,
             never
             to
             complain
             of
             any
             sufferings
             he
             had
             ,
             or
             to
             Petition
             against
             him
             ,
             as
             any
             man
             did
             ,
             and
             left
             all
             his
             Papers
             and
             Writings
             behind
             him
             ,
             that
             he
             might
             have
             nothing
             to
             move
             him
             against
             my
             Lord
             of
             Strafford
             ,
             but
             to
             do
             him
             all
             the
             service
             he
             could
             .
          
           
             To
             the
             question
             ,
             his
             Lordship
             said
             ,
             That
             all
             he
             can
             say
             ,
             is
             this
             ,
             that
             he
             was
             present
             that
             day
             the
             Mayor
             of
             Dublin
             was
             presented
             to
             my
             Lord
             Deputy
             that
             then
             was
             ,
             and
             the
             Recorder
             set
             forth
             the
             Great
             Charters
             they
             had
             from
             the
             several
             Kings
             of
             England
             ;
             and
             fell
             on
             that
             matter
             of
             placing
             Soldiers
             in
             Dublin
             ,
             without
             their
             consent
             ;
             That
             my
             Lords
             Answer
             was
             ,
             You
             must
             understand
             ,
             Mr.
             Recorder
             ,
             Ireland
             is
             a
             conquered
             Nation
             ,
             and
             the
             King
             may
             give
             them
             what
             Laws
             he
             pleases
             .
             And
             then
             going
             forward
             with
             the
             Charters
             ,
             he
             said
             ,
             They
             be
             old
             Antiquated
             Charters
             ,
             and
             no
             further
             good
             ,
             than
             the
             King
             is
             pleased
             to
             make
             them
             :
             To
             that
             sense
             (
             he
             said
             )
             he
             is
             sure
             .
          
           
             We
             desire
             to
             observe
             to
             Your
             Lordships
             ,
             That
             this
             time
             ,
             was
             not
             the
             
             only
             time
             ;
             he
             spoke
             the
             very
             words
             in
             effect
             ,
             to
             the
             whole
             Kingdom
             afterwards
             ,
             in
             Parliament
             .
          
           
             The
             Lord
             Gorminstone
             produced
             and
             Sworn
             :
             Being
             asked
             whether
             he
             
             heard
             my
             Lord
             of
             Strafford
             speak
             words
             to
             the
             effect
             as
             aforesaid
             ,
             That
             Ireland
             was
             a
             conquered
             Nation
             ,
             &c.
             
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             remembers
             ,
             that
             in
             the
             10th
             year
             of
             the
             Kings
             Reign
             ,
             1634
             on
             occasion
             of
             a
             Petition
             presented
             to
             my
             Lord
             Lieutenant
             ,
             in
             behalf
             of
             the
             Country
             (
             as
             far
             as
             his
             remembrance
             leads
             him
             )
             from
             the
             House
             of
             Commons
             ,
             desiring
             the
             benefit
             of
             some
             Graces
             
             His
             Majesty
             had
             been
             pleased
             to
             confer
             on
             them
             ,
             and
             he
             in
             the
             open
             Parliament
             ,
             sitting
             under
             the
             Cloth
             of
             State
             ,
             in
             presence
             of
             both
             Houses
             ,
             told
             them
             ,
             Ireland
             was
             a
             conquered
             Nation
             ,
             and
             they
             must
             expect
             Laws
             as
             from
             a
             Conquerour
             :
             And
             the
             Instructions
             granted
             from
             His
             Majesty
             for
             setling
             the
             Government
             of
             that
             Kingdom
             ,
             were
             procured
             from
             a
             company
             of
             narrow-hearted
             Commissioners
             .
          
           
             Being
             asked
             on
             my
             Lord
             of
             
             Strafford's
             motion
             ,
             when
             these
             words
             were
             spoken
             ,
             whether
             the
             first
             day
             of
             the
             Parliament
             ,
             or
             at
             any
             other
             time
             :
          
           
             His
             Lordship
             answered
             ,
             That
             to
             his
             best
             remembrance
             ,
             it
             was
             not
             the
             first
             day
             of
             the
             Parliament
             .
          
           
             My
             Lord
             of
             Strafford
             saying
             it
             was
             at
             the
             opening
             of
             the
             Parliament
             ,
             and
             the
             second
             day
             ;
             my
             Lord
             Gorminstone
             being
             further
             asked
             about
             the
             time
             :
          
           
             His
             Lordship
             answered
             ,
             He
             knew
             not
             whether
             it
             were
             the
             second
             day
             ,
             or
             another
             day
             ,
             but
             the
             particular
             words
             he
             took
             notice
             of
             ;
             and
             it
             was
             in
             presence
             of
             both
             Houses
             of
             Parliament
             ,
             the
             Speaker
             standing
             at
             the
             Barr.
             
          
           
             The
             Lord
             Killmallock
             produced
             ,
             and
             Sworn
             ;
             and
             interrogated
             touching
             the
             same
             words
             .
          
           
             His
             Lordship
             answered
             ,
             That
             he
             was
             a
             Member
             of
             the
             Commons
             House
             ,
             
             the
             10th
             and
             11th
             of
             the
             King
             ,
             and
             the
             House
             of
             Commons
             Petitioned
             the
             then
             Lord
             Deputy
             ,
             the
             Earl
             of
             Strafford
             ,
             for
             the
             gaining
             of
             the
             Act
             of
             Limitations
             ,
             for
             the
             confirming
             of
             their
             Estates
             ,
             amongst
             other
             Graces
             granted
             to
             the
             Agents
             for
             that
             Kingdom
             ,
             in
             the
             fourth
             year
             of
             the
             King.
             These
             Graces
             he
             answered
             to
             in
             writing
             ;
             and
             on
             the
             second
             or
             third
             day
             after
             ,
             came
             into
             the
             House
             of
             Lords
             ,
             and
             there
             sent
             for
             the
             Commons
             ;
             and
             in
             his
             Speech
             (
             amongst
             other
             things
             ,
             I
             well
             remember
             ,
             and
             to
             my
             grief
             ,
             and
             to
             the
             grief
             of
             that
             Kingdom
             )
             he
             uttered
             these
             words
             ,
             That
             that
             Kingdom
             was
             a
             conquered
             Nation
             ,
             (
             the
             words
             as
             he
             remembred
             )
             and
             therefore
             they
             must
             expect
             Laws
             as
             from
             a
             Conquerour
             ;
             adding
             further
             ,
             that
             the
             Book
             of
             Instructions
             ,
             established
             in
             King
             Iames
             his
             Reign
             ,
             for
             the
             orderly
             Government
             of
             the
             Courts
             of
             Justice
             in
             that
             Kingdom
             ,
             were
             Instructions
             contrived
             ,
             and
             procured
             by
             a
             Company
             of
             narrow-hearted
             Commissioners
             ,
             who
             knew
             not
             what
             belonged
             to
             Government
             .
          
           
             Sir
             
               Pierce
               Crosby
            
             being
             asked
             touching
             the
             same
             words
             ,
          
           
             Answered
             ,
             That
             he
             very
             well
             remembred
             the
             words
             ,
             as
             they
             had
             been
             
             spoken
             by
             the
             Noblemen
             that
             had
             been
             examined
             before
             him
             ;
             My
             Lord
             of
             Strafford
             ,
             then
             Lord
             Deputy
             of
             Ireland
             ,
             in
             the
             hearing
             of
             both
             Houses
             ,
             said
             ,
             That
             Ireland
             was
             a
             conquered
             Nation
             ,
             and
             that
             the
             Conquerour
             should
             give
             the
             Law.
             He
             added
             further
             ,
             that
             the
             Book
             of
             Instructions
             for
             the
             Government
             of
             that
             Kingdom
             ,
             was
             drawn
             up
             ,
             or
             procured
             ,
             by
             the
             means
             of
             some
             narrow-hearted
             Commissioners
             ,
             meaning
             those
             Commissioners
             that
             were
             employed
             by
             Commission
             from
             the
             King
             out
             of
             the
             House
             of
             Commons
             ,
             being
             a
             select
             Committee
             ,
             whereof
             there
             was
             one
             that
             is
             now
             a
             Noble
             Member
             of
             this
             House
             ,
             that
             sits
             on
             the
             Earls
             Bench
             :
             And
             that
             he
             hath
             heard
             many
             of
             both
             Houses
             ,
             repeat
             the
             same
             words
             as
             spoken
             by
             him
             .
          
           
             And
             so
             the
             Commons
             concluded
             the
             Article
             ,
             expecting
             my
             Lord
             of
             Straffords
             Answer
             .
          
           
           
             After
             a
             quarter
             of
             an
             hours
             respit
             ,
             my
             Lord
             of
             Strafford
             began
             his
             Defence
             as
             followeth
             :
          
           
             First
             ,
             I
             desire
             to
             open
             two
             points
             set
             forth
             in
             my
             Answer
             ,
             which
             under
             
             favour
             ,
             I
             must
             stand
             to
             ,
             as
             that
             by
             which
             I
             must
             stand
             or
             fall
             .
             First
             ,
             That
             the
             Kingdom
             of
             Ireland
             ,
             (
             as
             I
             conceive
             )
             is
             governed
             by
             Customs
             and
             Statutes
             ,
             and
             Execution
             of
             Martial
             Law
             ,
             and
             Proceedings
             at
             Council-Board
             ,
             in
             a
             different
             manner
             from
             the
             Laws
             of
             England
             .
             Secondly
             ,
             That
             touching
             the
             Charters
             ,
             I
             said
             ,
             these
             Charters
             were
             void
             ,
             and
             nothing
             worth
             ,
             and
             did
             not
             bind
             the
             King
             further
             than
             he
             pleased
             ;
             both
             which
             I
             hope
             to
             make
             good
             .
          
           
             The
             other
             business
             ,
             that
             comes
             in
             
               De
               novo
            
             ,
             is
             no
             part
             of
             my
             Charge
             ,
             and
             therefore
             I
             hope
             will
             not
             be
             laid
             to
             my
             Charge
             .
          
           
             I
             observe
             in
             the
             beginning
             of
             this
             part
             of
             the
             Charge
             that
             concerns
             Ireland
             ,
             That
             the
             Governours
             for
             the
             Crown
             of
             England
             ,
             that
             have
             been
             it
             Ireland
             ,
             in
             all
             Ages
             ,
             almost
             ,
             have
             had
             these
             misfortunes
             ,
             That
             the
             Native
             Subjects
             of
             that
             Country
             have
             not
             been
             propitious
             towards
             them
             .
             I
             instance
             in
             the
             case
             of
             Sir
             
               Io.
               Perott
            
             ,
             who
             on
             Testimonies
             here
             ,
             was
             Attainted
             of
             Treason
             in
             a
             Legal
             ordinary
             way
             of
             proceeding
             ,
             whereupon
             he
             lost
             his
             Estate
             ,
             though
             not
             his
             Life
             ;
             and
             afterwards
             it
             was
             confest
             ,
             there
             was
             little
             truth
             in
             all
             that
             Accusation
             .
          
           
             Next
             ,
             my
             Lord
             of
             Faulkland
             ,
             against
             whom
             ,
             many
             of
             the
             Witnesses
             that
             I
             think
             will
             come
             against
             me
             ,
             informed
             ;
             as
             Sir
             
               Pierce
               Crosby
            
             for
             one
             ,
             my
             Lord
             Mountnorris
             for
             another
             ,
             and
             divers
             others
             ;
             who
             had
             so
             prejudicated
             me
             when
             I
             went
             into
             Ireland
             ,
             in
             their
             Opinion
             ,
             by
             the
             generality
             of
             their
             Charge
             ,
             that
             I
             was
             a
             little
             distrustful
             whether
             it
             was
             not
             so
             :
             And
             thus
             much
             I
             have
             spoken
             once
             before
             His
             Majesty
             at
             the
             Council-Board
             ,
             on
             another
             occasion
             ,
             and
             now
             speak
             it
             to
             Your
             Lordships
             ,
             to
             the
             Honour
             of
             that
             Person
             ,
             that
             is
             now
             with
             God
             ,
             my
             Lord
             of
             Faulkland
             ,
             notwithstanding
             all
             the
             heavy
             cries
             that
             were
             against
             him
             ,
             and
             the
             wrongs
             and
             injuries
             laid
             to
             his
             Charge
             ,
             I
             had
             the
             fortune
             to
             have
             all
             the
             Examinations
             whereupon
             they
             proceeded
             ,
             and
             looked
             over
             them
             all
             ;
             and
             now
             I
             protest
             ,
             and
             call
             God
             to
             witness
             ,
             not
             any
             way
             as
             making
             to
             me
             ,
             I
             found
             the
             said
             Lord
             to
             have
             proceeded
             as
             Honourably
             ,
             Justly
             ,
             and
             Nobly
             ,
             to
             his
             understanding
             ,
             as
             any
             man
             could
             do
             ;
             and
             yet
             was
             decryed
             as
             much
             as
             any
             man
             could
             be
             .
             And
             so
             I
             beseech
             Your
             Lordships
             to
             consider
             me
             the
             Kings
             Servant
             ;
             and
             that
             in
             the
             Administration
             of
             the
             Commands
             and
             Justice
             intrusted
             with
             me
             ,
             I
             had
             occasion
             to
             give
             offence
             to
             many
             ;
             and
             that
             it
             hath
             been
             the
             ill
             fortune
             of
             those
             that
             have
             been
             Governours
             there
             ,
             when
             they
             have
             left
             the
             Government
             ,
             not
             to
             be
             so
             well
             reported
             as
             otherwise
             they
             might
             be
             .
          
           
             Besides
             ,
             There
             is
             nothing
             in
             this
             Charge
             can
             possibly
             amount
             to
             Treason
             ,
             admit
             all
             to
             be
             as
             it
             is
             laid
             ,
             though
             perhaps
             to
             a
             Misdemeanour
             .
          
           
             That
             if
             it
             be
             no
             Treason
             ,
             it
             will
             fall
             to
             be
             but
             Misdemeanour
             ;
             and
             then
             I
             conceive
             ,
             it
             stands
             with
             the
             Justice
             and
             Practice
             of
             this
             Court
             ,
             to
             allow
             Councel
             and
             Witnesses
             ,
             which
             I
             am
             debarred
             from
             ,
             by
             the
             involving
             me
             under
             the
             general
             Charge
             of
             Treason
             ;
             and
             having
             no
             further
             time
             to
             prepare
             ,
             then
             since
             Friday
             last
             .
          
           
             That
             though
             before
             ,
             I
             durst
             not
             say
             Your
             Lordships
             were
             bound
             by
             Rules
             of
             any
             Judicature
             ,
             but
             stood
             to
             Your
             own
             Honour
             and
             Nobleness
             ,
             and
             were
             a
             Rule
             to
             Your selves
             ,
             (
             and
             herein
             I
             take
             Your
             Lordships
             to
             witness
             )
             yet
             since
             the
             Gentlemen
             at
             the
             Barr
             ,
             have
             prest
             the
             rules
             of
             other
             Courts
             ,
             I
             desire
             leave
             to
             offer
             ,
             That
             in
             all
             ordinary
             Courts
             of
             Judicature
             that
             ever
             I
             heard
             of
             ,
             where
             the
             Criminal
             party
             doth
             Answer
             ,
             
             and
             that
             Answer
             is
             not
             replyed
             to
             ,
             nor
             he
             admitted
             to
             make
             his
             proof
             ,
             the
             Answer
             of
             the
             party
             is
             taken
             and
             confest
             ;
             from
             which
             universal
             Rule
             of
             Justice
             ,
             no
             man
             can
             shew
             him
             a
             transgression
             :
             And
             therefore
             ,
             since
             I
             cannot
             be
             admitted
             my
             proofs
             ,
             it
             being
             impossible
             to
             fetch
             Witnesses
             out
             of
             Ireland
             since
             Friday
             last
             ,
             my
             Answer
             ,
             I
             conceive
             ,
             ought
             to
             be
             admitted
             ,
             and
             the
             Charge
             taken
             as
             I
             confest
             it
             ,
             not
             as
             it
             is
             on
             proof
             .
          
           
             Saving
             to
             my self
             ,
             that
             I
             said
             I
             would
             go
             on
             to
             give
             the
             best
             Answer
             I
             could
             ,
             on
             a
             suddain
             ,
             professing
             ,
             That
             if
             I
             had
             had
             time
             ,
             I
             am
             confident
             ,
             through
             the
             mercy
             and
             goodness
             of
             God
             ,
             and
             the
             Innocency
             of
             my
             own
             heart
             ,
             I
             should
             be
             able
             to
             clear
             my self
             of
             Treason
             (
             the
             greatest
             Crime
             between
             man
             and
             man
             )
             towards
             His
             Majesty
             ,
             and
             towards
             his
             People
             ,
             (
             my
             heart
             being
             innocent
             of
             it
             ;
             and
             never
             having
             suggestion
             or
             thought
             ,
             but
             for
             the
             Greatness
             and
             Honour
             of
             His
             Majesty
             ,
             and
             the
             Prosperity
             and
             blessed
             Estate
             of
             His
             People
             ,
             all
             the
             days
             of
             my
             life
             ;
             and
             ever
             desiring
             the
             best
             things
             ,
             and
             never
             satisfied
             I
             had
             done
             enough
             ,
             but
             did
             always
             desire
             to
             do
             better
             )
             but
             also
             of
             all
             other
             foul
             Crimes
             of
             Injustice
             or
             Oppression
             :
             Errours
             I
             may
             have
             many
             ;
             perhaps
             my
             Tongue
             hath
             been
             too
             free
             ,
             my
             Heart
             perhaps
             ,
             hath
             lain
             too
             near
             my
             Tongue
             ;
             but
             God
             forbid
             every
             word
             should
             rise
             up
             in
             Judgment
             against
             me
             .
             If
             every
             word
             that
             's
             spoken
             amiss
             should
             be
             observ'd
             ,
             who
             is
             able
             to
             endure
             it
             ;
             for
             words
             spoken
             ,
             ten
             ,
             twelve
             ,
             eight
             or
             nine
             years
             ago
             ,
             to
             be
             brought
             in
             Judgment
             of
             me
             ,
             is
             a
             very
             heavy
             Case
             ;
             and
             I
             beseech
             your
             Lordships
             to
             turn
             the
             Case
             inward
             ,
             and
             to
             tell
             me
             if
             it
             be
             not
             a
             hard
             Case
             to
             be
             put
             upon
             such
             an
             Examination
             .
          
           
             I
             shall
             observe
             further
             ,
             that
             words
             ought
             to
             be
             charged
             within
             a
             certain
             time
             by
             the
             Proviso
             in
             the
             Stat.
             in
             E.
             6.
             time
             ,
             they
             must
             be
             brought
             in
             question
             within
             30
             days
             as
             I
             take
             it
             ,
             which
             Proviso
             stands
             good
             in
             Law
             ;
             but
             I
             go
             now
             into
             a
             Learning
             that
             God
             knows
             I
             have
             little
             skill
             of
             ;
             to
             this
             I
             desire
             my
             Councel
             may
             in
             due
             time
             be
             heard
             ,
             to
             open
             and
             Plead
             .
             In
             the
             mean
             time
             I
             desire
             to
             say
             ,
             that
             if
             popular
             actions
             must
             be
             concluded
             within
             a
             year
             or
             two
             at
             the
             most
             ,
             sure
             words
             should
             be
             questioned
             within
             a
             less
             time
             .
          
           
             I
             shall
             proceed
             to
             maintain
             the
             truth
             of
             my
             Answer
             ,
             That
             Ireland
             is
             not
             governed
             by
             the
             same
             Laws
             that
             England
             is
             ;
             and
             for
             that
             I
             shall
             read
             a
             few
             words
             in
             my
             Lord
             Cooks
             Learning
             (
             which
             God
             knows
             I
             understand
             not
             )
             it
             is
             in
             Calvins
             Case
             ;
             where
             the
             words
             are
             ,
             
               So
               as
               now
               the
               Laws
               of
            
             England
             ,
             
               became
               the
               proper
               Laws
               of
            
             Ireland
             .
             And
             therefore
             because
             they
             have
             Parliaments
             holden
             there
             ,
             whereat
             they
             have
             made
             divers
             particular
             Laws
             ,
             as
             it
             appears
             in
             the
             20
             H.
             6.
             8.
             and
             20.
             and
             in
             
               Ed.
               Dyer
            
             360.
             
             And
             for
             that
             they
             retain
             to
             this
             day
             divers
             of
             the
             ancient
             Customs
             ,
             the
             Book
             of
             20
             H.
             6.
             holds
             ,
             That
             Ireland
             is
             governed
             by
             Laws
             and
             Customs
             separate
             and
             divers
             from
             the
             Laws
             of
             England
             .
          
           
             Therefore
             in
             all
             things
             belonging
             to
             my
             Charge
             that
             came
             out
             of
             Ireland
             ,
             I
             hope
             Your
             Lordships
             will
             take
             along
             with
             you
             the
             consideration
             of
             the
             Customs
             and
             Practices
             of
             that
             Kingdom
             ,
             and
             not
             judge
             me
             according
             to
             that
             which
             hath
             been
             the
             Custom
             and
             Practice
             of
             the
             Kingdom
             of
             England
             .
          
           
             In
             the
             second
             place
             ,
             I
             come
             to
             the
             words
             of
             Ireland
             being
             a
             conquered
             Nation
             ;
             The
             words
             laid
             in
             the
             Charge
             being
             ,
             that
             I
             should
             say
             ;
             That
             Ireland
             was
             a
             conquered
             Nation
             ,
             and
             the
             King
             might
             do
             with
             them
             what
             he
             pleased
             .
          
           
             And
             first
             ,
             I
             should
             do
             extreamly
             ill
             to
             the
             Honour
             of
             the
             English
             Nation
             ,
             and
             to
             the
             memory
             of
             divers
             of
             Your
             Lordships
             Noble
             Ancestors
             ,
             if
             
             I
             should
             not
             both
             say
             and
             think
             ,
             that
             Ireland
             is
             a
             conquered
             Nation
             ;
             when
             here
             's
             mention
             made
             in
             the
             Laws
             ,
             and
             in
             the
             Acts
             of
             State
             ,
             of
             English
             Rebels
             ,
             and
             Irish
             Enemies
             ,
             certainly
             there
             is
             something
             in
             that
             ;
             for
             till
             the
             Kings
             of
             England
             gave
             them
             the
             advantage
             and
             benefit
             of
             the
             Laws
             of
             England
             ,
             it
             is
             well
             known
             ,
             they
             were
             held
             Irish
             Enemies
             ,
             and
             so
             termed
             and
             stiled
             in
             all
             the
             Records
             one
             shall
             meet
             withall
             in
             these
             times
             .
             And
             that
             it
             was
             a
             conquered
             Nation
             ,
             I
             have
             very
             good
             Authority
             in
             the
             Statute
             made
             11
             Eliz.
             at
             the
             Attainder
             of
             that
             famous
             Rebel
             
               Shan
               Oneale
            
             .
          
           
             In
             one
             part
             of
             which
             it
             is
             said
             ,
          
           
             That
             all
             the
             Clergy
             of
             the
             Realm
             assembled
             in
             Armagh
             ,
             at
             the
             time
             of
             the
             Conquest
             ,
             &c.
             See
             the
             Statute
             .
          
           
             Is
             it
             then
             so
             much
             for
             me
             to
             say
             what
             's
             in
             the
             Act
             ?
             and
             is
             it
             not
             for
             the
             Honour
             of
             the
             English
             Nation
             to
             say
             it
             ?
             and
             it
             must
             be
             said
             to
             the
             Worlds
             end
             ,
             for
             't
             is
             a
             truth
             .
             And
             therefore
             there
             is
             no
             cause
             it
             should
             be
             taken
             so
             hainously
             ,
             or
             heard
             with
             so
             much
             displeasure
             ;
             and
             if
             I
             displease
             for
             telling
             the
             truth
             ,
             I
             cannot
             help
             it
             :
             He
             reads
             another
             part
             of
             it
             ,
             viz.
             
          
           
             
               And
               therefore
               it
               is
               to
               be
               understood
               ,
               that
               King
            
             Hen.
             2.
             
               the
               first
               Conqueror
               of
               this
               Realm
               ,
            
             &c.
             
          
           
             And
             so
             it
             hath
             been
             acknowledged
             in
             all
             stories
             and
             times
             ,
             and
             many
             an
             English
             man
             hath
             spent
             his
             blood
             in
             it
             ,
             whose
             Posterity
             will
             be
             ashamed
             to
             view
             it
             ,
             other
             than
             as
             a
             conquered
             Kingdom
             .
          
           
             Nay
             ,
             I
             believe
             many
             Noble
             Persons
             are
             yet
             living
             ,
             that
             have
             bled
             for
             it
             ,
             and
             will
             take
             it
             ill
             ,
             if
             it
             be
             termed
             less
             than
             a
             Conquest
             ,
             in
             them
             who
             lived
             in
             those
             famous
             times
             ,
             and
             spent
             their
             blood
             in
             Obedience
             to
             their
             Soveraigns
             Command
             .
          
           
             So
             that
             by
             these
             words
             candidly
             and
             rightly
             taken
             ,
             no
             manner
             of
             ill
             could
             come
             ,
             being
             spoken
             ,
             not
             with
             any
             sharpness
             or
             upbraiding
             ,
             but
             meerly
             to
             let
             them
             see
             ,
             That
             being
             in
             that
             Condition
             ,
             they
             were
             infinitely
             bound
             to
             the
             Kings
             of
             England
             ,
             who
             were
             pleased
             to
             communicate
             to
             them
             the
             Laws
             of
             their
             own
             Kingdom
             :
             And
             so
             far
             were
             they
             from
             being
             taken
             ill
             ,
             that
             no
             man
             at
             that
             time
             took
             offence
             at
             them
             .
          
           
             For
             the
             words
             ,
             The
             King
             might
             do
             with
             them
             what
             he
             pleased
             ,
             let
             them
             relate
             to
             the
             Conquest
             ,
             and
             there
             is
             no
             offence
             in
             them
             ;
             for
             the
             Conqueror
             might
             give
             them
             what
             Laws
             he
             pleased
             ,
             and
             yet
             nevertheless
             ,
             hath
             been
             so
             gracious
             and
             good
             ,
             as
             to
             give
             them
             the
             Laws
             of
             his
             own
             People
             :
             Give
             me
             that
             understanding
             of
             the
             words
             ,
             and
             then
             where
             is
             the
             Crime
             ?
             how
             can
             it
             be
             brought
             in
             Judgment
             against
             me
             in
             it self
             ,
             or
             be
             aggravated
             to
             High
             Treason
             .
          
           
             I
             acknowledge
             I
             did
             speak
             to
             the
             Recorder
             of
             Dublin
             ,
             yet
             some
             things
             I
             am
             put
             in
             mind
             of
             ,
             which
             I
             am
             forced
             to
             deny
             with
             a
             great
             asseveration
             ,
             That
             I
             do
             not
             remember
             the
             words
             ,
             nay
             ,
             I
             am
             sure
             I
             never
             spake
             them
             ,
             let
             all
             the
             world
             ,
             and
             a
             cloud
             of
             Witnesses
             ,
             say
             the
             contrary
             ,
             when
             I
             know
             in
             my
             own
             heart
             I
             did
             not
             speak
             them
             ;
             though
             I
             offer
             not
             this
             to
             Your
             Lordships
             ,
             to
             convince
             your
             Judgments
             :
             And
             on
             the
             other
             side
             ,
             there
             is
             nothing
             that
             is
             true
             ,
             but
             I
             will
             acknowledge
             it
             with
             all
             Ingenuity
             in
             the
             world
             ,
             on
             the
             Testimony
             of
             any
             one
             single
             Witness
             .
          
           
             I
             desire
             that
             Mr.
             Slingsby
             ,
             his
             Servant
             ,
             might
             be
             asked
             ,
             whether
             he
             was
             not
             present
             when
             I
             spake
             these
             words
             ;
             and
             whether
             then
             any
             offence
             was
             taken
             at
             me
             ,
             in
             respect
             of
             the
             high
             manner
             of
             my
             speaking
             ;
             or
             whether
             they
             were
             not
             rather
             extreamly
             well
             satisfied
             .
          
           
             Now
             if
             Your
             Lordships
             take
             words
             in
             pieces
             ,
             and
             not
             altogether
             ,
             any
             man
             living
             may
             be
             convinced
             ;
             but
             taking
             my
             words
             altogether
             ,
             though
             something
             might
             be
             thought
             harsh
             ,
             yet
             something
             gave
             abundant
             satisfaction
             .
          
           
           
             I
             am
             upon
             a
             mighty
             prejudice
             ,
             in
             being
             denied
             to
             have
             my
             Witnesses
             examined
             upon
             Oath
             in
             these
             things
             that
             are
             not
             Treason
             .
             But
             they
             be
             persons
             of
             good
             credit
             ,
             and
             I
             trust
             your
             Lordships
             will
             believe
             them
             ,
             as
             much
             as
             if
             they
             spake
             on
             Oath
             ,
             since
             I
             think
             none
             of
             them
             would
             say
             a
             word
             to
             your
             Lordships
             ,
             which
             they
             would
             not
             swear
             .
          
           
             Mr.
             Slingsby
             being
             asked
             ,
             Whether
             he
             was
             present
             when
             my
             Lord
             of
             
             Strafford
             spake
             to
             the
             Recorder
             of
             Dublin
             ,
             what
             he
             said
             ,
             and
             what
             acceptance
             it
             received
             .
          
           
             He
             Answered
             ,
             He
             was
             then
             present
             ,
             being
             on
             the
             occasion
             of
             presenting
             Sir
             
               Robert
               Dixton
            
             ,
             the
             Mayor
             of
             Dublin
             ;
             that
             he
             cannot
             remember
             the
             particular
             words
             ,
             nor
             deliver
             them
             to
             their
             Lordships
             ,
             as
             they
             were
             spoken
             by
             the
             Lord-Lieutenant
             :
             But
             he
             remembers
             particularly
             the
             scope
             of
             the
             Discourse
             was
             to
             ingratiate
             His
             Majesties
             present
             Government
             to
             them
             ;
             That
             the
             words
             were
             well
             accepted
             by
             several
             persons
             whom
             he
             spake
             with
             ,
             and
             took
             that
             Effect
             ,
             that
             his
             Lordship
             was
             thereupon
             invited
             to
             the
             Mayors
             House
             ,
             where
             divers
             of
             the
             City
             Congratulated
             his
             coming
             to
             them
             .
          
           
             I
             shall
             now
             proceed
             to
             the
             second
             part
             of
             the
             words
             ,
             That
             their
             Charters
             
             were
             nothing
             worth
             ,
             and
             they
             bind
             the
             King
             no
             farther
             than
             he
             pleases
             ;
             and
             I
             conceive
             I
             may
             say
             so
             still
             .
             If
             their
             Charters
             be
             nothing
             worth
             ,
             they
             do
             not
             bind
             the
             King
             ,
             but
             he
             may
             do
             with
             them
             what
             he
             pleases
             .
             In
             that
             ,
             I
             desire
             your
             Lordships
             to
             call
             to
             mind
             what
             my
             Lord
             of
             Corke
             said
             ,
             That
             Ireland
             was
             a
             Conquer'd
             Nation
             ,
             and
             the
             King
             might
             give
             them
             what
             Laws
             he
             pleased
             ,
             and
             that
             the
             Charters
             were
             Antiquated
             ,
             and
             no
             farther
             good
             ,
             than
             it
             pleased
             His
             Majesty
             to
             make
             them
             .
             It
             is
             likely
             (
             I
             confess
             )
             I
             might
             say
             so
             ,
             and
             yet
             not
             say
             amiss
             ;
             for
             it
             is
             most
             evident
             and
             clear
             ,
             their
             Charters
             are
             void
             in
             point
             of
             Law
             ,
             and
             therefore
             it
             is
             in
             the
             King
             's
             good
             will
             and
             pleasure
             ,
             Whether
             he
             will
             make
             them
             good
             or
             no.
             And
             that
             they
             were
             void
             ,
             the
             King's
             Council
             informed
             me
             so
             ;
             that
             they
             were
             questioned
             at
             Council-Board
             upon
             it
             ,
             for
             divers
             unlawful
             Exactions
             they
             took
             ,
             under
             colour
             of
             Charters
             ,
             for
             divers
             by-Laws
             that
             they
             had
             made
             ,
             against
             Law
             ,
             by
             those
             Charters
             ,
             for
             divers
             neglects
             of
             Duties
             that
             they
             ought
             to
             do
             by
             those
             Charters
             ;
             and
             generally
             ,
             for
             not
             performing
             the
             trust
             reposed
             in
             them
             ,
             by
             those
             Charters
             ,
             with
             that
             Integrity
             and
             Care
             they
             ought
             to
             do
             And
             for
             the
             truth
             of
             it
             ,
             that
             many
             Complaints
             were
             made
             against
             the
             Mayor
             and
             Aldermen
             at
             that
             Board
             ,
             for
             neglecting
             their
             Duty
             :
             I
             dare
             Appeal
             to
             my
             Lord
             of
             Corke
             .
             I
             adding
             this
             ,
             That
             the
             greatest
             part
             of
             the
             Aldermen
             were
             Recusants
             ,
             and
             would
             never
             be
             brought
             to
             obey
             the
             Order
             of
             the
             Board
             ;
             but
             stood
             on
             their
             Charters
             ,
             and
             would
             be
             Masters
             ;
             and
             by
             that
             means
             great
             Disorders
             continued
             .
          
           
             And
             to
             prove
             that
             upon
             Examination
             ,
             they
             appeared
             to
             be
             void
             in
             Law.
             I
             desire
             Sir
             
               George
               Ratcliffe
            
             may
             be
             admitted
             to
             speak
             on
             what
             Grounds
             those
             Charters
             were
             called
             in
             ,
             and
             are
             now
             (
             as
             I
             think
             )
             deposited
             with
             the
             Clerk
             of
             the
             Council
             .
          
           
             Sir
             
               George
               Ratcliffe
            
             standing
             charged
             with
             High
             Treason
             ,
             by
             the
             Commons
             
             of
             England
             ,
             before
             your
             Lordships
             ,
             and
             of
             a
             Conspiracy
             with
             my
             Lord
             of
             Strafford
             ;
             and
             whether
             it
             be
             fit
             to
             hear
             one
             charged
             with
             High-Treason
             ,
             to
             clear
             another
             so
             charged
             ,
             we
             Appeal
             to
             your
             Lordships
             .
          
           
           
             That
             Sir
             
               George
               Ratcliffe
            
             is
             charged
             to
             be
             a
             Conspirator
             with
             me
             indeed
             ,
             and
             ,
             in
             truth
             ,
             I
             must
             confess
             Sir
             
               George
               Ratcliffe
            
             and
             my self
             (
             under
             favour
             )
             
             are
             equally
             guilty
             of
             Treason
             ,
             and
             I
             hope
             we
             shall
             both
             justifie
             our selves
             ;
             but
             I
             know
             so
             much
             of
             him
             ,
             that
             I
             am
             not
             ashamed
             to
             say
             ,
             That
             I
             think
             that
             Sir
             
               George
               Ratcliffe
            
             is
             my
             Friend
             ,
             and
             I
             wish
             him
             well
             ,
             and
             so
             I
             think
             will
             all
             other
             men
             (
             I
             trust
             in
             God
             )
             when
             they
             hear
             him
             .
             But
             I
             conceive
             Sir
             
               George
               Ratcliffe
            
             might
             be
             heard
             in
             these
             Points
             ;
             if
             he
             be
             examined
             as
             a
             Witness
             against
             me
             ,
             I
             desire
             he
             may
             be
             examined
             as
             a
             Witness
             for
             me
             .
          
           
             Sir
             
               George
               Ratcliffe
            
             is
             not
             examined
             ,
             nor
             at
             all
             sworn
             in
             the
             Cause
             on
             our
             Motion
             ,
             and
             admitted
             ,
             that
             if
             they
             produced
             him
             as
             a
             Witness
             ,
             they
             
             would
             not
             deny
             my
             Lord
             of
             Strafford
             to
             cross
             examine
             him
             .
             The
             Lord
             Steward
             declared
             the
             sense
             of
             their
             Lordships
             ,
             That
             Sir
             
               George
               Ratcliffe
            
             could
             not
             be
             examined
             .
          
           
             I
             shall
             readily
             obey
             ;
             but
             yet
             observe
             ,
             That
             if
             it
             were
             only
             matter
             of
             Misdemeanor
             ,
             he
             might
             be
             examined
             ,
             though
             charged
             .
             But
             this
             is
             my
             unhappiness
             ,
             
             to
             be
             debarred
             of
             my
             Witnesses
             ,
             because
             I
             am
             charged
             with
             Treason
             in
             general
             ,
             though
             there
             be
             nothing
             in
             particular
             that
             's
             near
             the
             complexion
             of
             Treason
             .
          
           
             We
             desire
             to
             observe
             ,
             that
             this
             justifies
             a
             part
             of
             our
             Charge
             ,
             for
             the
             Charter
             of
             the
             Subjects
             Liberties
             are
             ,
             as
             his
             Lordship
             confesseth
             ,
             brought
             
             to
             the
             Council
             Table
             ,
             and
             judged
             there
             ,
             and
             not
             to
             the
             proper
             Courts
             where
             they
             ought
             to
             be
             judged
             ;
             the
             Council-Table
             having
             no
             Power
             to
             declare
             the
             Validity
             or
             Invalidity
             of
             Charters
             from
             the
             King
             to
             the
             Subject
             .
          
           
             I
             crave
             Liberty
             to
             explain
             my self
             ,
             That
             I
             said
             not
             they
             were
             brought
             to
             the
             Council-Table
             to
             be
             judged
             ,
             but
             that
             consideration
             might
             be
             had
             ,
             
             Whether
             there
             was
             ill
             usage
             and
             extortion
             practised
             under
             colour
             of
             them
             or
             no
             ;
             whether
             any
             thing
             were
             done
             that
             hindred
             the
             growth
             of
             that
             Town
             ,
             and
             the
             good
             of
             the
             People
             ,
             and
             the
             Protestant
             Religion
             ,
             that
             it
             might
             appear
             how
             the
             business
             stood
             in
             point
             of
             State
             ;
             but
             to
             give
             a
             judgment
             upon
             them
             in
             Law
             ,
             it
             was
             never
             in
             my
             thoughts
             .
          
           
             Robert
             Lord
             Dillon
             being
             then
             asked
             ,
             Whether
             the
             Charters
             of
             Dublin
             have
             not
             been
             brought
             before
             the
             Council
             of
             Ireland
             ,
             there
             to
             be
             considered
             concerning
             the
             Validity
             of
             them
             ,
             and
             whether
             it
             did
             not
             appear
             that
             for
             divers
             Occasions
             ,
             Exactions
             and
             Tolls
             ,
             and
             by-Laws
             ,
             and
             other
             abuses
             in
             the
             exercise
             of
             these
             Charters
             ;
             they
             did
             not
             appear
             to
             the
             King
             's
             Learned
             Council
             ,
             and
             others
             learned
             in
             the
             Law
             ,
             to
             be
             void
             .
          
           
             He
             Answered
             ,
             That
             it
             was
             a
             question
             he
             did
             not
             expect
             ;
             and
             yet
             being
             called
             ,
             he
             should
             faithfully
             and
             freely
             tell
             his
             knowledge
             of
             it
             ,
             to
             his
             best
             remembrance
             :
             That
             he
             doth
             remember
             very
             well
             ,
             that
             the
             Charters
             of
             Dublin
             have
             been
             brought
             to
             the
             Council-Board
             ,
             and
             argued
             strongly
             against
             by
             the
             Kings
             Learned
             Council
             .
             That
             there
             was
             one
             particular
             of
             3
             d.
             Custom
             challenged
             by
             the
             City
             ,
             which
             endured
             a
             very
             long
             debate
             :
             That
             it
             was
             argued
             against
             them
             ,
             That
             they
             exercised
             by-Laws
             ,
             contrary
             to
             the
             Common
             Law
             of
             the
             Land
             ,
             and
             that
             divers
             other
             things
             were
             urged
             against
             them
             ;
             but
             he
             remembers
             not
             the
             particular
             determination
             of
             the
             Board
             upon
             the
             question
             .
          
           
           
             Being
             asked
             severally
             ,
             what
             time
             those
             Charters
             were
             so
             brought
             ,
             and
             how
             long
             after
             my
             Lord
             of
             
             Strafford's
             coming
             into
             Ireland
             .
          
           
             He
             Answered
             ,
             That
             he
             precisely
             remembreth
             not
             the
             time
             ,
             but
             he
             takes
             it
             to
             be
             five
             or
             six
             years
             ago
             ,
             something
             more
             or
             less
             ,
             and
             he
             thinks
             about
             a
             year
             or
             two
             after
             my
             Lord
             of
             
             Strafford's
             coming
             ,
             but
             he
             remembers
             not
             the
             time
             ,
             not
             expecting
             to
             be
             Interrogated
             in
             it
             .
          
           
             We
             desire
             your
             Lordships
             to
             observe
             ,
             That
             the
             words
             were
             spoken
             before
             
             the
             Charters
             were
             brought
             to
             the
             Council-Board
             .
          
           
             It
             follows
             not
             ,
             That
             because
             they
             were
             questioned
             at
             Council-Board
             
             afterwards
             ,
             I
             did
             not
             therefore
             know
             them
             to
             be
             void
             ,
             when
             I
             spoke
             of
             them
             ,
             for
             they
             were
             complained
             of
             in
             Parliament
             ,
             as
             great
             Grievances
             ,
             in
             the
             exercising
             of
             them
             ,
             and
             to
             that
             purpose
             I
             desire
             my
             Lord
             Dillom
             may
             be
             heard
             .
          
           
             And
             being
             asked
             what
             he
             knew
             concerning
             the
             Charters
             of
             Dublin
             ,
             being
             questioned
             in
             the
             Commons
             House
             for
             divers
             Oppressions
             ,
             unlawful
             By-Laws
             ,
             and
             other
             ill
             usage
             of
             their
             Liberties
             .
          
           
             He
             Answered
             ,
             That
             he
             was
             a
             Member
             of
             the
             first
             Parliament
             after
             my
             Lords
             coming
             into
             Ireland
             ,
             1634.
             
             After
             this
             Visitation
             of
             the
             Mayor
             some
             half
             an
             year
             ,
             but
             he
             knows
             not
             the
             time
             precisely
             .
             That
             divers
             Members
             of
             that
             House
             did
             object
             divers
             Misdemeanors
             ,
             in
             mis●sing
             the
             Priviledges
             of
             those
             Charters
             .
             That
             the
             particulars
             were
             several
             By-Laws
             which
             they
             did
             execute
             ,
             contrary
             to
             the
             Common
             Law
             :
             Another
             was
             ,
             that
             by
             the
             Priviledge
             of
             those
             Charters
             ,
             they
             excluded
             divers
             of
             the
             Tradesmen
             that
             came
             out
             of
             England
             to
             set
             up
             Manufactures
             there
             ,
             which
             was
             conceived
             a
             great
             Grievance
             to
             that
             Kingdom
             .
             Another
             was
             ,
             that
             having
             the
             Government
             of
             that
             Town
             ,
             being
             a
             Navigable
             Port
             ,
             they
             permitted
             the
             Soil
             to
             be
             emptied
             into
             the
             River
             ,
             without
             care
             or
             regard
             .
          
           
             That
             at
             the
             time
             of
             the
             Presentment
             of
             the
             Mayor
             ,
             my
             Lord
             took
             occasion
             to
             advise
             and
             advertise
             the
             Mayor
             of
             several
             Defects
             in
             that
             Town
             ,
             and
             divers
             of
             the
             Commons
             House
             of
             that
             Parliament
             are
             here
             that
             were
             present
             .
          
           
             Hence
             observe
             the
             Reason
             and
             Grounds
             of
             my
             Exception
             to
             these
             
             Charters
             ,
             and
             the
             Effects
             of
             questioning
             them
             ,
             which
             were
             two
             :
             First
             ,
             By
             this
             means
             I
             am
             perswaded
             (
             and
             thereof
             I
             beseech
             the
             Honourable
             House
             of
             Commons
             to
             take
             notice
             ,
             as
             that
             which
             is
             reputed
             my
             greatest
             Crime
             in
             Ireland
             )
             there
             be
             three
             Protestants
             in
             Dublin
             ,
             at
             this
             hour
             ,
             for
             one
             that
             was
             there
             when
             I
             came
             over
             ;
             for
             the
             Townsmen
             did
             keep
             all
             the
             Trade
             ,
             and
             ingross
             all
             the
             Manufactures
             into
             their
             own
             hands
             ;
             and
             being
             Natives
             ,
             and
             
               Romish
               Catholicks
            
             ,
             did
             depress
             the
             English
             ,
             that
             strangers
             out
             of
             England
             had
             little
             advantage
             of
             Trade
             .
             And
             whatsoever
             any
             man
             may
             say
             or
             think
             on
             Information
             from
             persons
             that
             do
             not
             love
             me
             ,
             who
             are
             Members
             of
             neither
             House
             (
             for
             so
             I
             desire
             to
             be
             understood
             ,
             when
             I
             speak
             of
             persons
             unfriendly
             to
             me
             ;
             I
             complain
             of
             nothing
             that
             is
             or
             shall
             be
             done
             me
             here
             ,
             but
             will
             leave
             it
             all
             ,
             with
             thankfulness
             to
             God
             Almighty
             ,
             and
             with
             that
             Duty
             and
             Reverence
             to
             this
             House
             ,
             that
             becomes
             me
             .
             )
             It
             will
             be
             known
             hereafter
             ,
             when
             I
             perhaps
             am
             in
             my
             Grave
             ,
             that
             my
             greatest
             fault
             in
             Ireland
             ,
             hath
             been
             my
             extream
             Zeal
             to
             bring
             them
             to
             conform
             with
             the
             Church
             of
             England
             ,
             which
             by
             that
             means
             hath
             provoked
             a
             great
             deal
             of
             Displeasure
             .
          
           
           
             And
             secondly
             ,
             I
             observe
             ,
             That
             this
             argues
             no
             great
             malice
             in
             my
             heart
             ,
             nor
             desire
             to
             oppress
             the
             King's
             People
             ,
             when
             I
             shall
             tell
             your
             Lordships
             ,
             That
             to
             this
             day
             those
             Charters
             were
             never
             legally
             questioned
             ,
             but
             are
             enjoyed
             .
             So
             far
             was
             I
             from
             pressing
             rigorously
             any
             thing
             against
             them
             ,
             I
             desiring
             nothing
             but
             Reformation
             ,
             and
             to
             have
             them
             what
             they
             ought
             to
             be
             ,
             and
             to
             leave
             them
             not
             less
             ,
             but
             more
             happy
             than
             I
             found
             them
             .
          
           
             And
             if
             I
             should
             serve
             there
             again
             ,
             as
             I
             hope
             I
             shall
             serve
             only
             God
             Almighty
             ,
             and
             my
             Master
             with
             my
             prayers
             ,
             they
             should
             be
             freed
             from
             all
             exactions
             and
             misusings
             of
             them
             ,
             tending
             to
             the
             prejudice
             of
             the
             Town
             ,
             the
             King's
             Service
             ,
             and
             the
             Service
             of
             Almighty
             God.
             
          
           
             And
             so
             I
             hope
             I
             have
             made
             a
             clear
             Answer
             to
             so
             much
             as
             was
             charged
             ,
             to
             free
             my self
             from
             guilt
             of
             Treason
             ,
             reserving
             to
             my self
             the
             advantage
             of
             having
             my
             Counsel
             heard
             ,
             in
             proper
             time
             ,
             to
             the
             matter
             of
             Treason
             in
             point
             of
             Law
             ,
             according
             to
             the
             liberty
             your
             Lordships
             have
             afforded
             me
             .
          
           
             Next
             ,
             I
             shall
             proceed
             to
             that
             which
             is
             proved
             ,
             and
             no
             way
             charged
             ,
             which
             I
             forbore
             to
             speak
             to
             the
             day
             before
             ,
             as
             holding
             it
             an
             impertinent
             expence
             of
             time
             to
             your
             Lordships
             ,
             and
             a
             spending
             of
             my
             own
             spirits
             ,
             which
             ,
             God
             knows
             ,
             are
             weak
             and
             infirm
             indeed
             .
             If
             I
             were
             permitted
             to
             speak
             this
             morning
             to
             all
             the
             things
             extrajudicially
             formerly
             offered
             ,
             I
             should
             give
             a
             free
             and
             clear
             Answer
             .
             But
             suffering
             by
             my
             Ignorance
             and
             silence
             then
             ,
             I
             now
             desire
             leave
             to
             Answer
             those
             things
             that
             came
             
               de
               Novo
            
             ,
             and
             that
             by
             three
             Witnesses
             ,
             touching
             words
             spoken
             at
             another
             time
             to
             both
             Houses
             of
             Parliament
             .
          
           
             I
             confess
             it
             to
             be
             true
             ,
             that
             the
             second
             day
             of
             the
             last
             Parliament
             ,
             but
             this
             that
             is
             now
             sitting
             ,
             I
             had
             the
             Honour
             to
             sit
             as
             His
             Majesties
             Deputy
             ,
             and
             it
             was
             the
             greatest
             Honour
             that
             ever
             I
             received
             ;
             and
             I
             should
             be
             loath
             to
             say
             any
             thing
             ,
             sitting
             in
             that
             Place
             ,
             that
             should
             not
             fully
             comply
             with
             the
             Goodness
             ,
             Clemency
             ,
             and
             Justice
             of
             His
             Majesty
             ,
             or
             should
             mis-represent
             Him
             in
             any
             kind
             to
             his
             People
             in
             another
             sense
             ,
             or
             to
             other
             purpose
             than
             his
             own
             Great
             and
             Princely
             Vertues
             do
             Merit
             and
             Deserve
             .
          
           
             And
             that
             all
             I
             said
             at
             that
             time
             tended
             to
             that
             purpose
             ,
             to
             shew
             and
             set
             forth
             to
             them
             the
             excellent
             Goodness
             of
             His
             Majesty
             ,
             and
             the
             Graciousness
             of
             His
             Government
             .
             Therefore
             if
             I
             should
             say
             any
             thing
             to
             the
             purpose
             ,
             as
             it
             is
             offered
             ,
             I
             should
             go
             much
             against
             the
             purpose
             for
             which
             I
             intended
             my
             Discourse
             .
             For
             me
             to
             have
             said
             openly
             there
             ,
             in
             the
             King's
             Chair
             ,
             that
             they
             were
             a
             Conquer'd
             Nation
             ,
             and
             must
             expect
             Laws
             from
             Him
             ,
             as
             from
             a
             Conqueror
             ,
             when
             I
             knew
             it
             most
             false
             ;
             and
             expected
             from
             His
             Majesty
             ,
             that
             He
             would
             Govern
             them
             by
             the
             same
             righteous
             Rules
             of
             Justice
             and
             Honour
             (
             as
             his
             Predecessors
             had
             before
             him
             )
             I
             had
             been
             much
             too
             blame
             ,
             and
             it
             had
             been
             against
             the
             drift
             of
             my
             Discourse
             .
             And
             I
             must
             say
             ,
             and
             will
             say
             ,
             to
             the
             death
             ,
             I
             never
             spake
             such
             words
             ,
             That
             they
             must
             expect
             Laws
             from
             Him
             as
             from
             a
             Conqueror
             .
             I
             know
             very
             well
             how
             it
             is
             proved
             ,
             and
             what
             my
             own
             affirmation
             doth
             
               in
               foro
               Iudicii
            
             ;
             but
             how
             it
             may
             work
             
               in
               foro
               Conscientiae
            
             ,
             I
             trust
             I
             have
             so
             much
             credit
             left
             in
             the
             World
             ,
             as
             to
             be
             known
             to
             be
             a
             man
             of
             truth
             ,
             and
             not
             usually
             to
             speak
             untruths
             .
             And
             I
             take
             the
             heavenly
             God
             to
             Witness
             ,
             that
             I
             never
             spake
             them
             .
             I
             remember
             the
             words
             ,
             and
             the
             occasion
             by
             a
             good
             token
             ,
             without
             which
             I
             should
             not
             have
             remembred
             them
             ;
             my
             Friends
             desiring
             a
             Copy
             of
             my
             Speech
             ,
             which
             Copy
             is
             in
             Ireland
             ;
             and
             were
             it
             here
             ,
             would
             satisfie
             every
             man.
             It
             was
             to
             incline
             them
             to
             take
             into
             consideration
             the
             great
             Debt
             that
             lay
             on
             the
             Crown
             ,
             being
             near
             100000
             l.
             the
             shortness
             of
             the
             Revenue
             ,
             which
             was
             then
             short
             of
             the
             yearly
             Charge
             24000
             l.
             though
             the
             first
             day
             it
             was
             stood
             
             upon
             ,
             and
             would
             have
             been
             coloured
             over
             ,
             as
             if
             there
             had
             been
             no
             such
             thing
             .
             I
             was
             to
             move
             thereunto
             a
             supply
             to
             pay
             the
             Debt
             ,
             and
             to
             improve
             the
             Revenue
             to
             such
             a
             height
             as
             might
             answer
             the
             Charge
             of
             the
             Kingdom
             ;
             that
             to
             induce
             this
             ,
             I
             told
             them
             the
             Kingdom
             of
             England
             had
             expended
             great
             and
             vast
             Sums
             of
             Money
             ,
             and
             had
             issued
             a
             great
             deal
             of
             Noble
             blood
             for
             the
             reducing
             of
             them
             to
             Obedience
             ,
             and
             in
             that
             happy
             State
             wherein
             they
             then
             lived
             .
             That
             they
             must
             not
             think
             the
             Kingdom
             of
             England
             must
             always
             bear
             the
             Charge
             of
             the
             Crown
             ,
             but
             they
             must
             so
             fit
             the
             business
             ,
             that
             the
             Kingdom
             may
             bear
             its
             own
             Charge
             ;
             For
             ,
             said
             I
             ,
             and
             these
             are
             the
             words
             ,
             (
             I
             take
             God
             Almighty
             to
             Witness
             )
             and
             no
             other
             .
             If
             the
             Kingdom
             of
             England
             should
             still
             be
             put
             to
             their
             Charges
             ,
             and
             the
             whole
             Expence
             should
             still
             rest
             on
             the
             Conqueror
             ,
             you
             might
             very
             well
             think
             you
             are
             so
             dealt
             withall
             ,
             as
             never
             any
             other
             Conquer'd
             Nation
             had
             been
             .
             That
             on
             these
             words
             my
             Lord
             of
             Ormond
             came
             to
             me
             ,
             and
             told
             me
             ,
             That
             the
             words
             he
             had
             spoken
             were
             not
             well
             taken
             ;
             For
             that
             I
             had
             said
             ,
             The
             Irish
             are
             a
             Conquer'd
             Nation
             ,
             and
             that
             is
             not
             well
             .
             I
             answered
             his
             Lordship
             ,
             Truly
             ,
             my
             Lord
             ,
             you
             are
             a
             Conquer'd
             Nation
             ,
             but
             you
             see
             how
             I
             speak
             it
             ,
             and
             no
             otherwise
             .
          
           
             But
             this
             I
             am
             not
             charged
             with
             ,
             and
             offer
             it
             only
             to
             keep
             and
             preserve
             me
             in
             a
             good
             Opinion
             ,
             as
             much
             as
             I
             can
             of
             both
             Houses
             of
             Parliament
             ,
             which
             I
             desire
             of
             all
             things
             under
             Heaven
             ,
             next
             the
             Favour
             of
             Almighty
             God
             ,
             and
             his
             Gracious
             Majesty
             .
          
           
             He
             then
             proceeded
             to
             examine
             Witnesses
             :
             And
             first
             Robert
             Lord
             Dillom
             being
             asked
             ,
             Whether
             he
             was
             present
             when
             he
             spake
             these
             words
             to
             both
             Houses
             of
             Parliament
             ,
             and
             what
             they
             were
             ?
          
           
             We
             desire
             to
             put
             your
             Lordships
             in
             mind
             that
             there
             were
             two
             times
             when
             my
             Lord
             spake
             such
             words
             ;
             one
             ,
             when
             he
             spake
             to
             hoth
             Houses
             of
             
             Parliament
             at
             the
             Publick
             Speeeh
             now
             mentioned
             ;
             the
             other
             ,
             upon
             delivering
             a
             Petition
             by
             the
             House
             of
             Commons
             :
             That
             the
             words
             which
             the
             Commons
             Charge
             ,
             were
             the
             last
             mentioned
             by
             me
             ,
             not
             the
             first
             ,
             and
             that
             was
             desired
             to
             be
             observed
             .
          
           
             The
             Question
             being
             repeated
             .
          
           
             The
             Lord
             Dillom
             Answered
             ,
             That
             he
             served
             as
             a
             Member
             of
             the
             Commons
             House
             that
             Parliament
             ,
             and
             in
             respect
             of
             the
             Honour
             he
             had
             to
             be
             of
             the
             King's
             Council
             ,
             and
             the
             Son
             of
             a
             Peer
             of
             the
             Realm
             ,
             he
             stood
             under
             the
             Cloath
             of
             State
             ,
             and
             was
             present
             when
             my
             Lord
             made
             his
             Speech
             to
             both
             Houses
             ;
             for
             that
             passage
             of
             the
             Conquest
             ,
             some
             touch
             there
             was
             of
             it
             ;
             and
             he
             hath
             heard
             my
             Lord
             of
             Ormond
             speak
             in
             particular
             of
             it
             :
             For
             the
             other
             words
             ,
             That
             they
             should
             expect
             Laws
             as
             from
             a
             Conqueror
             ,
             he
             took
             God
             to
             witness
             ,
             he
             did
             not
             remember
             them
             .
          
           
             Being
             asked
             whether
             he
             remembers
             them
             to
             be
             spoken
             at
             any
             other
             time
             :
             He
             answered
             ,
             That
             on
             his
             Soul
             he
             doth
             not
             .
          
           
             Sir
             
               Adam
               Loftus
            
             being
             asked
             to
             the
             same
             purpose
             .
          
           
             He
             Answered
             ,
             That
             he
             was
             the
             first
             and
             the
             last
             day
             at
             the
             Parliament
             ,
             that
             he
             doth
             not
             well
             remember
             the
             middle
             day
             ,
             and
             he
             cannot
             burden
             his
             memory
             with
             any
             such
             words
             spoken
             that
             he
             heard
             either
             then
             ,
             or
             at
             any
             other
             time
             .
          
           
             Sir
             
               Robert
               King
            
             was
             called
             ,
             and
             asked
             to
             the
             same
             purpose
             .
          
           
             He
             Answered
             ,
             That
             he
             thinks
             he
             was
             present
             that
             day
             ,
             but
             not
             within
             hearing
             ,
             and
             he
             never
             heard
             the
             words
             at
             any
             other
             time
             .
          
           
           
             Lord
             Renula
             being
             asked
             ,
             Whether
             then
             ,
             or
             at
             any
             time
             he
             heard
             my
             Lord
             of
             Strafford
             say
             ,
             They
             must
             expect
             Laws
             from
             the
             King
             ,
             as
             from
             a
             Conqueror
             .
          
           
             He
             Answered
             ,
             That
             he
             was
             then
             in
             the
             House
             ,
             and
             remembers
             the
             words
             in
             the
             first
             place
             ,
             That
             Ireland
             was
             a
             Conquer'd
             Nation
             ;
             that
             for
             the
             words
             in
             the
             second
             place
             ,
             something
             was
             spoken
             ,
             but
             how
             far
             he
             cannot
             witness
             .
          
           
             Sir
             
               George
               Wentworth
            
             questioned
             on
             the
             same
             Point
             .
          
           
             Answered
             ,
             That
             he
             sate
             under
             the
             Chair
             of
             State
             at
             that
             time
             ,
             and
             remembers
             not
             that
             my
             Lord
             ever
             spake
             these
             words
             ,
             That
             the
             King
             might
             do
             with
             them
             as
             he
             pleased
             .
             That
             it
             pleased
             my
             Lord-Lieutenant
             to
             send
             him
             into
             England
             at
             that
             time
             ,
             to
             attend
             His
             Majesty
             ,
             with
             the
             Success
             of
             that
             Parliament
             ,
             and
             that
             he
             brought
             the
             Speech
             with
             him
             ,
             and
             can
             confidently
             affirm
             ,
             There
             was
             no
             such
             thing
             in
             the
             Speech
             ;
             and
             the
             Speech
             he
             did
             deliver
             to
             some
             Privy-Counsellor
             ,
             and
             added
             ,
             That
             he
             never
             heard
             my
             Lord
             publickly
             or
             privately
             say
             those
             words
             ,
             They
             must
             expect
             Laws
             from
             the
             King
             as
             from
             a
             Conqueror
             .
          
           
             We
             desire
             to
             know
             ,
             Whether
             the
             Witness
             was
             returned
             out
             of
             England
             when
             this
             Remonstrance
             was
             delivered
             .
             For
             the
             Commons
             Charge
             it
             
             thus
             ,
             That
             the
             House
             of
             Commons
             delivered
             a
             Petition
             ,
             to
             have
             the
             Laws
             executed
             according
             to
             the
             Instructions
             ,
             upon
             which
             the
             words
             were
             spoken
             ,
             and
             we
             believe
             Sir
             
               George
               Wentworth
            
             was
             not
             come
             back
             ,
             and
             then
             it
             was
             impossible
             he
             should
             hear
             him
             ,
             for
             it
             was
             after
             the
             Parliament
             had
             sate
             ,
             and
             some
             proceedings
             had
             .
          
           
             I
             observe
             ,
             How
             it
             is
             in
             some
             of
             the
             Witnesses
             ,
             for
             my
             Lord
             Gorminstone
             
             fixed
             it
             on
             the
             first
             beginning
             of
             the
             Parliament
             .
          
           
             He
             spake
             it
             to
             the
             occasion
             of
             the
             Petition
             ,
             but
             the
             distinct
             time
             he
             doth
             not
             remember
             .
             
          
           
             Sir
             
               George
               Wentworth
            
             being
             asked
             touching
             the
             time
             of
             his
             going
             into
             England
             .
          
           
             He
             desired
             to
             know
             what
             time
             the
             Petition
             was
             delivered
             ;
             but
             he
             went
             over
             some
             few
             days
             after
             the
             Subsidies
             were
             granted
             .
          
           
             Lord
             
               Robert
               Digby
            
             being
             asked
             ,
             Whether
             at
             the
             Parliament
             at
             Dablin
             ,
             or
             any
             other
             time
             ,
             he
             ever
             heard
             my
             Lord
             of
             Strafford
             speak
             those
             words
             .
          
           
             He
             Answered
             ,
             That
             he
             never
             did
             ;
             that
             he
             doth
             not
             know
             whether
             he
             was
             present
             at
             that
             time
             or
             no
             ;
             that
             he
             did
             diligently
             wait
             ,
             but
             doth
             not
             remember
             the
             words
             ,
             nor
             occasion
             ,
             but
             he
             thinks
             he
             was
             not
             present
             .
          
           
             Your
             Lordships
             have
             heard
             my
             Lord
             of
             
             Strafford's
             Defence
             with
             much
             
             patience
             ,
             That
             he
             hath
             said
             nothing
             that
             takes
             off
             the
             Charge
             ,
             but
             some
             things
             that
             aggravate
             it
             .
          
           
             That
             he
             would
             answer
             the
             Particulars
             ,
             as
             his
             Lordship
             had
             propounded
             them
             .
             And
             first
             he
             observed
             ,
             That
             his
             Lordship
             denies
             not
             the
             words
             Charged
             ,
             which
             makes
             greater
             way
             for
             proof
             of
             them
             .
          
           
             He
             informs
             of
             the
             ill
             Fortune
             of
             other
             Governors
             ,
             that
             one
             was
             Attainted
             ,
             and
             the
             Informations
             afterwards
             retracted
             ,
             that
             my
             Lord
             of
             Faulkland
             was
             complained
             of
             ,
             yet
             a
             Noble
             and
             good
             Governor
             ,
             against
             whom
             ,
             or
             any
             Deputy
             ,
             we
             can
             say
             nothing
             :
             But
             what
             is
             this
             for
             my
             Lord
             Strafford
             to
             say
             ,
             Others
             were
             questioned
             ,
             therefore
             he
             is
             Innocent
             .
          
           
           
             These
             were
             complaints
             of
             particular
             men
             ,
             This
             against
             my
             Lord
             of
             Strafford
             ,
             is
             the
             complaint
             of
             all
             the
             Commons
             of
             England
             .
          
           
             It
             is
             said
             ,
             here
             is
             no
             Treason
             in
             this
             Article
             ,
             no
             Argument
             of
             Treason
             ;
             but
             the
             Commons
             never
             pressed
             these
             words
             singly
             and
             dividedly
             ,
             to
             be
             Treason
             ;
             but
             take
             all
             together
             ,
             they
             discover
             that
             Disposition
             ,
             that
             Counsel
             ,
             that
             Resolution
             that
             my
             Lord
             of
             Strafford
             had
             taken
             on
             him
             ,
             the
             ruine
             and
             subversion
             of
             the
             Common
             Law
             ,
             in
             both
             Kingdoms
             .
          
           
             It
             is
             said
             ,
             an
             Answer
             is
             put
             in
             ,
             and
             no
             Replication
             .
             It
             is
             true
             ,
             in
             other
             Courts
             ,
             if
             you
             go
             on
             Bill
             and
             Answer
             ,
             the
             Answer
             is
             taken
             
               pro
               Confesso
            
             ;
             but
             the
             Commons
             desire
             not
             to
             bind
             up
             my
             Lord
             of
             Strafford
             with
             Formalities
             ;
             but
             by
             the
             substance
             of
             their
             Charge
             ,
             they
             have
             averred
             their
             Charge
             ,
             which
             is
             as
             much
             as
             a
             denial
             of
             his
             Answer
             .
          
           
             To
             there
             being
             another
             Government
             in
             Ireland
             than
             in
             England
             ,
             my
             Lord
             himself
             spoke
             of
             it
             by
             himself
             ;
             but
             he
             thinks
             it
             will
             not
             be
             material
             to
             this
             purpose
             ;
             for
             whatsoever
             it
             is
             ,
             some
             Government
             there
             is
             :
             but
             the
             Speech
             of
             my
             Lord
             tends
             to
             take
             away
             all
             Laws
             ;
             for
             they
             must
             expect
             Laws
             as
             from
             a
             Conqueror
             ,
             in
             that
             Limitation
             .
          
           
             For
             his
             referring
             it
             to
             the
             time
             ,
             taking
             it
             in
             the
             sense
             ,
             that
             the
             then
             Conqueror
             might
             do
             what
             he
             pleased
             ,
             that
             's
             true
             ,
             and
             justifiable
             :
             But
             that
             is
             to
             suppose
             the
             words
             otherwise
             than
             they
             are
             ;
             being
             spoken
             ,
             not
             of
             the
             Kings
             that
             were
             before
             ,
             but
             of
             His
             Majesty
             that
             now
             is
             .
          
           
             My
             Lord
             would
             make
             an
             Argument
             ,
             his
             words
             were
             well
             accepted
             ,
             because
             Mr.
             Slingsby
             heard
             nothing
             to
             the
             contrary
             ;
             the
             words
             had
             much
             Acrimony
             and
             Sharpness
             ,
             and
             we
             dare
             not
             believe
             the
             Mayor
             of
             Dublin
             durst
             tell
             my
             Lord
             of
             Strafford
             so
             ,
             or
             forbear
             any
             Complement
             to
             him
             ,
             though
             he
             had
             been
             displeased
             with
             him
             .
             But
             if
             that
             be
             material
             ,
             the
             Witnesses
             that
             have
             proved
             the
             words
             ,
             will
             tell
             Your
             Lordships
             ,
             it
             was
             resented
             with
             a
             great
             deal
             of
             Grief
             and
             Sorrow
             in
             all
             the
             hearers
             .
          
           
             His
             Lordship
             justifies
             what
             was
             spoken
             of
             the
             Charters
             ,
             on
             these
             grounds
             ,
             First
             ,
             That
             the
             Witness
             said
             they
             were
             Antiquated
             Charters
             ,
             and
             therefore
             did
             not
             bind
             ;
             whereas
             it
             was
             a
             scornful
             Epithite
             ,
             their
             Antiquated
             ,
             and
             Worm-eaten
             Charters
             ,
             did
             not
             bind
             .
          
           
             It
             is
             said
             ,
             they
             were
             void
             through
             negligences
             ,
             questioned
             at
             Council-Table
             ,
             complained
             of
             in
             Parliament
             .
             But
             they
             must
             take
             the
             words
             to
             pieces
             ,
             not
             altogether
             .
             Had
             he
             spoken
             of
             the
             Charters
             alone
             ,
             that
             they
             were
             void
             Charters
             ,
             it
             were
             no
             crime
             ,
             no
             indiscretion
             .
             But
             take
             it
             with
             the
             occasion
             and
             connexion
             ,
             it
             admits
             of
             no
             such
             mitigation
             ,
             or
             interpretation
             .
             He
             tells
             them
             ,
             they
             are
             a
             conquered
             Nation
             ,
             and
             they
             must
             expect
             Laws
             as
             from
             a
             Conqueror
             :
             And
             they
             are
             a
             conquered
             Nation
             ,
             and
             their
             Charters
             are
             no
             further
             good
             than
             the
             King
             pleases
             .
          
           
             It
             is
             said
             ,
             It
             is
             strict
             to
             answer
             presently
             what
             may
             be
             objected
             ;
             and
             the
             Examinations
             are
             extrajudicial
             ;
             we
             doubt
             not
             but
             Your
             Lordships
             will
             justifie-our
             Proceedings
             ,
             nor
             is
             there
             any
             strictness
             in
             them
             ;
             for
             if
             a
             man
             be
             questioned
             of
             a
             Crime
             ,
             and
             several
             Evidences
             be
             brought
             to
             make
             up
             this
             Crime
             ,
             some
             concurrent
             ,
             some
             precedent
             ,
             they
             will
             be
             allowed
             of
             in
             other
             Courts
             ;
             It
             being
             never
             used
             ,
             to
             set
             forth
             in
             a
             Charge
             all
             circumstances
             of
             Proof
             ,
             The
             main
             is
             produced
             ,
             and
             this
             is
             an
             Evidence
             to
             prove
             that
             ,
             and
             it
             is
             within
             the
             Charge
             ;
             for
             there
             is
             a
             Charge
             ,
             that
             he
             corrupts
             the
             Laws
             and
             Government
             .
          
           
             Then
             my
             Lord
             produces
             divers
             Witnesses
             ,
             who
             speak
             in
             a
             different
             sense
             ,
             Sir
             
               Robert
               King
            
             heard
             nothing
             ;
             another
             ,
             that
             he
             remembers
             nothing
             ;
             and
             if
             he
             remembers
             nothing
             ,
             it
             may
             as
             well
             be
             said
             of
             the
             rest
             ,
             That
             there
             might
             be
             something
             they
             did
             not
             hear
             ,
             or
             remember
             ;
             for
             they
             
             speak
             no
             more
             ,
             but
             they
             did
             not
             remember
             ;
             There
             may
             be
             something
             they
             forgot
             ,
             as
             well
             as
             another
             forget
             all
             .
          
           
             My
             Lord
             Ranulagh
             says
             ,
             He
             remembers
             the
             first
             words
             ,
             and
             something
             as
             spoken
             of
             the
             second
             ;
             but
             he
             cannot
             tell
             how
             far
             :
             So
             that
             there
             is
             rather
             a
             doubt
             ,
             that
             something
             was
             spoken
             to
             that
             purpose
             ,
             than
             otherwise
             .
             The
             Lord
             Digby
             was
             not
             present
             ,
             Sir
             
               George
               Wentworth
            
             remembers
             not
             the
             words
             ;
             he
             hath
             a
             Copy
             of
             the
             Speech
             ,
             and
             is
             confident
             the
             words
             were
             not
             spoken
             .
             But
             they
             were
             not
             spoken
             in
             the
             first
             Speech
             ,
             whereof
             there
             was
             a
             Copy
             ,
             when
             the
             Petition
             for
             the
             Laws
             was
             delivered
             .
          
           
             And
             this
             is
             an
             Aggravation
             against
             my
             Lord
             of
             Strafford
             ,
             that
             by
             his
             own
             shewing
             ,
             there
             was
             an
             Exception
             taken
             ,
             when
             he
             spoke
             in
             a
             milder
             sense
             ,
             and
             to
             advance
             His
             Majesties
             Government
             ,
             it
             had
             an
             ill
             impression
             ,
             and
             was
             taken
             notice
             of
             ,
             and
             the
             Exception
             delivered
             to
             himself
             .
          
           
             Now
             if
             after
             Exception
             taken
             to
             a
             Speech
             delivered
             in
             Parliament
             ,
             cloathed
             with
             so
             much
             mildness
             ,
             he
             in
             the
             same
             Parliament
             ,
             as
             soon
             as
             Subsidies
             are
             granted
             ,
             shall
             tell
             them
             ,
             they
             are
             a
             conquered
             Nation
             ,
             and
             shall
             not
             have
             Graces
             ,
             but
             such
             Laws
             as
             the
             King
             will
             give
             them
             :
             This
             puts
             the
             Offence
             in
             higher
             terms
             than
             before
             ;
             so
             far
             are
             they
             from
             mitigation
             of
             the
             Offence
             .
          
           
             We
             desire
             Witnesses
             may
             be
             heard
             concerning
             the
             circumstance
             of
             time
             .
          
           
             Mr.
             Fitzgarret
             produced
             ,
             and
             Sworn
             .
             
          
           
             Was
             asked
             whether
             he
             knew
             of
             a
             Petition
             delivered
             to
             the
             Earl
             of
             Strafford
             by
             the
             Commons
             ,
             concerning
             the
             Laws
             ;
             and
             how
             in
             time
             it
             followed
             the
             publick
             Speech
             at
             the
             beginning
             of
             the
             Parliament
             ,
             and
             what
             Answer
             was
             given
             to
             it
             .
          
           
             He
             Answered
             ,
             That
             he
             was
             then
             a
             Member
             of
             the
             Commons
             House
             ,
             and
             present
             when
             the
             Petition
             was
             delivered
             :
             But
             after
             the
             House
             of
             Commons
             had
             given
             the
             King
             six
             Subsidies
             ,
             the
             House
             of
             Commons
             entred
             into
             consideration
             ,
             of
             Petitioning
             for
             such
             things
             as
             were
             necessary
             and
             expedient
             for
             the
             Common-wealth
             ,
             as
             they
             thought
             ;
             this
             Petition
             was
             preferred
             to
             the
             Lord
             Deputy
             ,
             a
             good
             space
             of
             time
             after
             the
             Subsidies
             were
             granted
             ,
             and
             Advertisement
             sent
             to
             England
             ,
             of
             the
             good
             service
             done
             in
             obtaining
             those
             Subsidies
             from
             the
             House
             of
             Commons
             ,
             That
             he
             remembers
             not
             any
             part
             of
             the
             Answer
             given
             ;
             There
             was
             an
             Answer
             given
             in
             Writing
             ,
             either
             at
             Council-Table
             ,
             or
             in
             full
             Parliament
             ,
             from
             the
             House
             of
             Lords
             ;
             but
             that
             he
             spake
             only
             to
             the
             point
             of
             time
             .
          
           
             My
             Lord
             of
             Strafford
             did
             here
             affirm
             it
             to
             be
             most
             certainly
             true
             ,
             That
             
             the
             Petition
             concerning
             the
             things
             Mr.
             Fitzgarret
             mentions
             ,
             was
             delivered
             at
             Council-Board
             ,
             and
             not
             in
             Parliament
             ;
             and
             desiring
             Mr.
             Fitzgarrets
             further
             explanation
             of
             himself
             :
          
           
             He
             Answered
             ,
             That
             he
             conceives
             there
             were
             two
             Petitions
             ;
             one
             ,
             as
             he
             thinks
             ,
             concerning
             the
             performance
             of
             the
             Instructions
             of
             1628.
             whereunto
             an
             Answer
             might
             be
             given
             at
             Council-Board
             ;
             and
             he
             believes
             it
             was
             subscribed
             by
             many
             of
             the
             Council
             .
             There
             was
             another
             Petition
             of
             Grievances
             ,
             seeking
             redress
             of
             them
             ;
             and
             to
             whether
             of
             these
             his
             Lordship
             gave
             an
             Answer
             in
             Parliament
             ,
             he
             remembers
             not
             ;
             but
             believes
             there
             was
             an
             Answer
             made
             to
             both
             ,
             or
             one
             of
             them
             ,
             in
             full
             Parliament
             .
          
           
           
             The
             Lord
             Gorminstone
             being
             demanded
             at
             what
             time
             ,
             and
             on
             what
             occasion
             my
             Lord
             of
             Strafford
             spake
             the
             words
             ,
             he
             was
             examined
             on
             before
             ,
             in
             
             the
             Parliament
             at
             Dublin
             :
          
           
             He
             Answered
             ,
             A
             Petition
             was
             delivered
             to
             my
             Lord
             of
             Strafford
             ,
             and
             he
             spake
             to
             the
             House
             ,
             wherein
             he
             spake
             the
             words
             that
             he
             had
             formerly
             related
             ,
             That
             they
             must
             expect
             Laws
             as
             from
             a
             Conqueror
             ;
             and
             that
             the
             Instructions
             published
             for
             the
             setling
             of
             that
             Government
             ,
             were
             procured
             by
             a
             company
             of
             narrow
             hearted
             Commissioners
             ;
             That
             he
             did
             not
             then
             remember
             the
             certain
             time
             ;
             but
             he
             is
             sure
             it
             was
             in
             Parliament
             ;
             and
             so
             resented
             ,
             that
             almost
             all
             took
             notice
             of
             it
             ;
             when
             most
             part
             were
             English
             and
             British
             Extractions
             ,
             and
             very
             few
             Irish.
             
          
           
             The
             Lord
             Killmallock
             being
             demanded
             to
             the
             same
             purpose
             ,
             
          
           
             Answered
             ,
             That
             he
             conceived
             the
             occasion
             was
             ,
             a
             delivery
             of
             a
             Petition
             to
             his
             Lordship
             .
             It
             is
             true
             ,
             it
             was
             not
             delivered
             in
             Parliament
             ,
             nor
             were
             the
             words
             spoken
             at
             the
             Council-Table
             where
             the
             Petition
             was
             delivered
             :
             But
             he
             conceives
             ,
             it
             was
             on
             occasion
             of
             delivering
             that
             Petition
             ,
             that
             his
             Lordship
             speaks
             :
             For
             after
             the
             Petition
             was
             delivered
             ,
             three
             or
             four
             days
             after
             ,
             his
             Lordship
             came
             to
             the
             Parliament
             House
             ,
             he
             called
             both
             Houses
             before
             him
             ,
             and
             there
             delivered
             these
             words
             ,
             That
             Ireland
             was
             a
             Conquered
             Nation
             ,
             and
             therefore
             must
             expect
             Laws
             as
             from
             a
             Conqueror
             .
             Adding
             further
             ,
             That
             the
             Book
             of
             Instructions
             ,
             meaning
             the
             Book
             Printed
             in
             King
             Iames
             His
             Reign
             ,
             for
             the
             orderly
             Government
             of
             the
             Courts
             of
             Justice
             ,
             was
             contrived
             and
             procured
             by
             a
             company
             of
             narrow-hearted
             Commissioners
             ,
             who
             knew
             not
             what
             belonged
             to
             Government
             .
             The
             words
             ,
             he
             said
             ,
             he
             remembers
             very
             perfectly
             ,
             as
             having
             great
             misery
             on
             his
             heart
             in
             the
             speaking
             :
             And
             whereas
             it
             is
             said
             ,
             none
             did
             take
             notice
             of
             them
             ;
             They
             did
             ,
             but
             they
             durst
             not
             ,
             it
             wrought
             inwardly
             ;
             and
             had
             they
             spoken
             of
             it
             ,
             they
             expected
             no
             redress
             ,
             but
             a
             greater
             addition
             of
             calamity
             to
             them
             .
          
           
             We
             shall
             now
             proceed
             ,
             and
             observe
             ,
             That
             this
             Article
             touching
             the
             
             Laws
             of
             Ireland
             ,
             gives
             the
             ground-work
             of
             what
             follows
             in
             the
             subsequent
             Articles
             concerning
             Ireland
             .
          
           
             And
             first
             ,
             We
             desire
             Your
             Lordships
             to
             take
             into
             remembrance
             ,
             That
             though
             Ireland
             differ
             in
             some
             particular
             Statutes
             from
             England
             ,
             yet
             they
             enjoy
             the
             same
             Common
             Law
             ,
             without
             any
             difference
             .
          
           
             That
             by
             the
             Statute
             28
             H.
             6.
             in
             Ireland
             ,
             It
             is
             Enacted
             ,
             That
             every
             Cause
             shall
             be
             remitted
             to
             its
             proper
             Court
             ;
             It
             is
             true
             ,
             the
             King
             hath
             this
             Prerogative
             ,
             not
             to
             be
             tied
             to
             sue
             in
             the
             Kings-Bench
             ;
             but
             may
             sue
             in
             any
             Courts
             of
             Justice
             ,
             for
             matters
             Triable
             in
             the
             Common-Pleas
             ,
             or
             Chancery
             ,
             or
             Exchequer
             ;
             all
             Courts
             are
             open
             to
             him
             ,
             wherever
             he
             will
             have
             his
             Cause
             judged
             ;
             but
             with
             the
             Subject
             ,
             the
             proper
             Cause
             must
             go
             to
             the
             proper
             Court
             ,
             and
             according
             to
             this
             ,
             the
             exercise
             and
             use
             is
             continued
             in
             that
             Kingdom
             .
          
           
             Some
             Incroachments
             being
             made
             ,
             King
             Iames
             ,
             of
             blessed
             memory
             ,
             took
             consideration
             of
             it
             ,
             he
             appointed
             Commissioners
             ,
             and
             Instructions
             were
             Printed
             in
             pursuance
             of
             this
             :
             A
             Noble
             Earl
             now
             present
             ,
             Justice
             Iones
             ,
             Sergeant
             Crew
             ,
             and
             divers
             others
             ,
             were
             imployed
             in
             that
             Service
             .
             These
             Instructions
             ,
             as
             they
             remit
             the
             Causes
             to
             the
             proper
             Courts
             ,
             so
             they
             declare
             ,
             that
             it
             had
             crept
             in
             at
             the
             Council-Table
             in
             latter
             times
             ,
             to
             take
             
             Oaths
             ;
             but
             direct
             ,
             that
             it
             shall
             be
             forborn
             for
             matters
             of
             Interest
             and
             Complaint
             between
             party
             and
             party
             ,
             and
             matters
             of
             Title
             .
          
           
             And
             it
             stays
             not
             here
             ;
             but
             a
             Proclamation
             is
             issued
             to
             the
             same
             effect
             .
          
           
             This
             Statute
             ,
             these
             Instructions
             ,
             and
             this
             Proclamation
             ,
             we
             desire
             may
             be
             read
             .
          
           
             Accordingly
             the
             Statute
             was
             read
             ,
             whereby
             it
             was
             ordained
             to
             the
             Governour
             of
             the
             Land
             ,
             or
             other
             Officer
             for
             the
             time
             being
             ,
             He
             that
             accuses
             ,
             shall
             find
             sufficient
             sureties
             for
             the
             damage
             of
             him
             that
             is
             accused
             ;
             and
             if
             it
             shall
             be
             adjudged
             that
             the
             Suggestion
             or
             Accusation
             ,
             is
             not
             true
             ,
             &c.
             
             And
             also
             ,
             that
             he
             that
             is
             Arrested
             ,
             may
             go
             by
             Surety
             or
             Bail
             ,
             till
             the
             matter
             be
             determined
             .
          
           
             And
             if
             it
             be
             matter
             of
             Treason
             or
             Felony
             ,
             to
             be
             remitted
             to
             the
             Kings-Bench
             ;
             if
             Conscience
             ,
             to
             the
             Chancery
             ;
             if
             Franchise
             ,
             to
             the
             Seneschal
             of
             the
             Liberty
             ;
             if
             for
             Debt
             ,
             to
             the
             Common-Pleas
             ,
             &c.
             saving
             the
             Kings
             Prerogative
             .
          
           
             Then
             part
             of
             the
             Instructions
             were
             read
             ,
             published
             1622.
             wherein
             it
             is
             Ordered
             ,
             That
             the
             Council-Table
             shall
             keep
             it self
             within
             its
             proper
             bounds
             .
          
           
             Amongst
             which
             ,
             the
             Patents
             of
             Plantations
             ,
             and
             the
             Offices
             on
             which
             the
             Grants
             are
             founded
             ,
             are
             to
             be
             handled
             as
             matters
             of
             State
             ,
             and
             to
             be
             determined
             by
             the
             Lord
             Deputy
             and
             Council
             publickly
             ,
             but
             Titles
             between
             party
             and
             party
             ,
             are
             to
             be
             left
             to
             the
             ordinary
             course
             of
             Law
             ,
             and
             neither
             Lord-Deputy
             ,
             Governour
             ,
             nor
             Council-Table
             ,
             hereafter
             to
             intermeddle
             ,
             or
             trouble
             themselves
             with
             ordinary
             businesses
             ,
             within
             Cognizance
             of
             ordinary
             Courts
             ,
             nor
             meddle
             with
             possession
             of
             Land
             ,
             nor
             make
             or
             use
             ,
             private
             Orders
             ,
             Hearings
             ,
             or
             References
             concerning
             such
             matters
             ,
             nor
             grant
             Injunctions
             ,
             nor
             Orders
             for
             stay
             of
             Suits
             at
             Common
             Law
             ,
             Causes
             recommended
             from
             the
             Council
             of
             England
             ,
             and
             spiritual
             Causes
             concerning
             the
             Church
             ,
             excepted
             .
          
           
             Then
             the
             Proclamation
             was
             read
             ,
             dated
             November
             7.
             1625.
             whereby
             it
             is
             commanded
             ,
             That
             the
             Deputy
             and
             Council-Chamber
             in
             Ireland
             then
             ,
             and
             from
             time
             to
             come
             ,
             shall
             not
             entertain
             ,
             or
             take
             consideration
             of
             any
             private
             Cause
             or
             Causes
             ,
             or
             Controversies
             between
             party
             and
             party
             ,
             concerning
             their
             private
             and
             particular
             Estates
             ,
             nor
             any
             Cause
             or
             Controversie
             of
             that
             Board
             ,
             which
             are
             not
             of
             that
             nature
             that
             do
             properly
             concern
             matter
             of
             State
             ;
             But
             that
             all
             Causes
             and
             Controversies
             of
             that
             nature
             ,
             moved
             or
             depending
             between
             party
             and
             party
             ,
             concerning
             private
             and
             particular
             Interests
             ,
             be
             proceeded
             in
             in
             the
             ordinary
             Courts
             of
             that
             Kingdom
             respectively
             ,
             to
             whom
             the
             Cognizance
             of
             these
             Causes
             and
             Controversies
             doth
             belong
             ,
             &c.
             
          
           
             For
             that
             Objection
             from
             the
             Opinion
             of
             my
             Lord
             Cooke
             in
             Calvins
             Case
             ,
             if
             it
             were
             an
             Opinion
             to
             the
             contrary
             in
             an
             Argument
             ,
             it
             is
             no
             binding
             Authority
             ;
             But
             that
             Opinion
             is
             nothing
             at
             all
             against
             what
             hath
             been
             said
             ;
             for
             it
             is
             express
             ,
             That
             Ireland
             did
             retain
             the
             same
             Common
             Law
             with
             England
             .
             It
             is
             true
             ,
             Ireland
             hath
             Statutes
             and
             Customs
             particularly
             retained
             ;
             and
             so
             there
             be
             divers
             particular
             Customs
             in
             England
             ,
             that
             differ
             
             from
             the
             Common
             Law
             ,
             yet
             are
             approved
             and
             allowed
             in
             it
             ;
             as
             in
             Wales
             ,
             and
             the
             Custom
             of
             Gavel-kind
             ,
             and
             the
             Common
             Law
             ,
             which
             is
             the
             general
             Government
             ,
             is
             the
             same
             .
             If
             there
             be
             any
             Statute
             that
             gives
             my
             Lord
             of
             Strafford
             ,
             as
             Governour
             alone
             ,
             power
             to
             take
             Cognizance
             of
             meerly
             private
             Causes
             ,
             it
             is
             something
             to
             the
             purpose
             to
             say
             ,
             there
             is
             a
             particular
             Statute
             ;
             but
             till
             that
             be
             shewed
             ,
             he
             hath
             in
             this
             ,
             erected
             an
             Arbitrary
             Power
             .
          
           
             And
             so
             he
             concluded
             the
             Reply
             ,
             and
             the
             Third
             Article
             .
          
           
           
             THE
             Fourth
             Article
             .
             
               The
               Charge
            
             .
          
           
             THat
             Richard
             
               Earl
               of
            
             Corke
             ,
             
               having
               sued
               out
               Process
               in
               course
               of
               Law
               ,
               for
               recovery
               of
               his
               Possessions
               ,
               from
               which
               he
               was
               put
               ,
               by
            
             
             
               colour
               of
               an
               Order
               made
               by
               the
               said
               Earl
               of
            
             Strafford
             ,
             
               and
               the
               Council-Table
               of
               the
               said
               Realm
               of
            
             Ireland
             ,
             
               upon
               a
               Paper
               Petition
               ,
               without
               Legal
               procéeding
               ,
               did
               the
            
             20th
             
               day
               of
            
             February
             ,
             
               in
               the
            
             11th
             
               year
               of
               His
               now
               Majesties
               Reign
               ,
               threaten
               the
               said
               Earl
               ,
               (
               being
               then
               a
               Péer
               of
               the
               said
               Realm
               )
               to
               Imprison
               him
               ,
               unless
               he
               would
               surcease
               his
               Suit
               ,
               and
               said
               ,
               That
               he
               would
               have
               neither
               Law
               nor
               Lawyers
               ,
               dispute
               or
               question
               his
               Orders
               .
               And
               the
            
             20th
             
               day
               of
            
             March
             ,
             
               in
               the
               said
            
             11th
             
               year
               ,
               the
               said
               Earl
               of
            
             Strafford
             ,
             
               speaking
               of
               an
               Order
               of
               the
               said
               Council-Table
               of
               that
               Realm
               ,
               made
               in
               the
               time
               of
               King
            
             James
             ,
             
               which
               concerned
               a
               Lease
               which
               the
               said
               Earl
               of
            
             Corke
             
               claimed
               in
               certain
               Rectories
               or
               Tythes
               ,
               which
               the
               said
               Earl
               of
            
             Corke
             
               alledged
               to
               be
               of
               no
               force
               ,
               said
               ,
               that
               he
               would
               make
               the
               said
               Earl
               ,
               and
               all
            
             Ireland
             
               know
               ,
               that
               so
               long
               as
               he
               had
               the
               Government
               there
               ,
               any
               Act
               of
               State
               there
               made
               ,
               or
               to
               be
               made
               ,
               should
               be
               as
               binding
               to
               the
               Subjects
               of
               that
               Kingdom
               ,
               as
               an
               Act
               of
               Parliament
               ;
               and
               did
               question
               the
               said
               Earl
               of
            
             Corke
             
               in
               the
               Eastle
               .
               Chamber
               there
               ,
               upon
               pretence
               of
               breach
               of
               the
               said
               Order
               of
               Council-Table
               ;
               and
               did
               sundry
               other
               times
               ,
               and
               upon
               sundry
               other
               occasions
               ,
               by
               his
               Words
               and
               Spéeches
               ,
               Arrogate
               to
               himself
               a
               Power
               above
               the
               Fundamental
               Laws
               ,
               and
               Established
               Government
               of
               that
               Kingdom
               ;
               and
               scorned
               the
               said
               Laws
               and
               Established
               Government
               .
            
          
           
             ONE
             of
             the
             Managers
             opened
             the
             4th
             Article
             ,
             and
             said
             ,
             The
             former
             Articles
             shew
             my
             Lord
             of
             Straffords
             Words
             ,
             this
             his
             Actions
             .
          
           
             This
             Article
             concerns
             my
             Lord
             of
             
             Corke's
             being
             disseized
             of
             an
             Impropriate
             
             Rectory
             ,
             upon
             a
             Paper
             Petition
             to
             my
             Lord
             of
             Strafford
             ,
             and
             referred
             to
             the
             Council-Table
             ,
             the
             Earl
             of
             Strafford
             saying
             ,
             upon
             the
             questioning
             of
             the
             Proceedings
             thereupon
             ,
             That
             neither
             Law
             nor
             Lawyers
             ,
             should
             question
             or
             dispute
             his
             Orders
             ;
             an
             Order
             of
             Council-Board
             in
             King
             Iames
             his
             time
             ,
             enjoyning
             ,
             That
             no
             Parson
             ,
             Patron
             ,
             or
             Ordinary
             ,
             should
             make
             a
             Lease
             for
             longer
             time
             ,
             than
             the
             life
             of
             the
             Incumbent
             ,
             was
             made
             use
             of
             as
             a
             ground
             to
             dispossess
             the
             Earl
             of
             Corke
             .
          
           
             In
             the
             first
             place
             ,
             We
             desire
             to
             open
             the
             Proceedings
             at
             Council-Table
             before
             my
             Lord
             of
             Straffords
             time
             ,
             
               (
               viz.
            
             )
             That
             in
             no
             case
             concerning
             
             Land
             ,
             no
             Decree
             hath
             been
             there
             made
             ,
             to
             bind
             up
             the
             party
             for
             remedy
             at
             Law.
             
          
           
             The
             Lord
             Ranulagh
             being
             interrogated
             ,
             whether
             by
             the
             course
             of
             Proceedings
             
             at
             Council-Table
             ,
             the
             Deputy
             and
             Council
             have
             determined
             Title
             of
             Land
             and
             Possession
             ,
             and
             interrupted
             the
             parties
             to
             proceed
             at
             Law.
             
          
           
             He
             Answered
             ,
             That
             he
             hath
             observed
             the
             course
             of
             the
             Board
             for
             22
             years
             ;
             and
             the
             course
             was
             ,
             That
             if
             Title
             of
             Land
             ,
             between
             party
             and
             party
             ,
             were
             in
             debate
             ,
             It
             was
             commonly
             dismissed
             from
             the
             Board
             ,
             with
             a
             leading
             order
             ,
             to
             be
             tried
             by
             course
             of
             Common
             Law.
             
          
           
             Being
             asked
             ,
             whether
             a
             Deputy
             alone
             hath
             determined
             private
             Interest
             .
          
           
             He
             Answered
             ,
             That
             he
             cannot
             positively
             say
             ,
             whether
             it
             were
             done
             privately
             ;
             but
             to
             the
             best
             of
             his
             remembrance
             ,
             he
             knows
             not
             that
             ever
             any
             Deputy
             determined
             any
             matter
             of
             private
             Interest
             ,
             but
             brought
             it
             to
             the
             Board
             ,
             though
             by
             reference
             ,
             or
             private
             proceeding
             ,
             it
             might
             have
             proceeded
             before
             it
             came
             to
             the
             Board
             .
          
           
             My
             Lord
             of
             Strafford
             desired
             he
             might
             be
             asked
             ,
             whether
             he
             ever
             
             knew
             ,
             that
             any
             matter
             of
             Inheritance
             was
             ever
             by
             himself
             and
             the
             Council
             determined
             ,
             whilst
             he
             was
             Governour
             there
             ,
             that
             was
             barely
             Title
             of
             Land
             ,
             and
             nothing
             else
             .
          
           
             He
             Answered
             ,
             And
             desired
             to
             explain
             himself
             concerning
             the
             former
             ,
             That
             Causes
             of
             the
             Church
             ,
             and
             matters
             of
             Plantations
             ,
             were
             resolved
             in
             
             former
             Deputies
             times
             ,
             to
             be
             dispatched
             at
             the
             Board
             .
             And
             for
             the
             latter
             question
             ,
             he
             never
             knew
             matter
             of
             Title
             determined
             at
             the
             Board
             ,
             but
             in
             Causes
             of
             the
             Church
             ,
             and
             Plantations
             .
          
           
             My
             Lord
             of
             Strafford
             desired
             he
             might
             be
             asked
             ,
             whether
             as
             President
             
             of
             Connaught
             ,
             he
             did
             not
             familiarly
             ,
             on
             Paper
             Petitions
             ,
             rule
             all
             things
             in
             the
             same
             nature
             ,
             as
             the
             Deputy
             on
             Petitions
             to
             him
             .
          
        
         
           
           
             The
             Fifth
             day
             .
          
           
             Friday
             ,
             March
             26.
             1641.
             
          
           
             AFter
             consideration
             of
             this
             matter
             by
             their
             Lordships
             ,
             it
             was
             resolved
             in
             the
             Upper-house
             ,
             That
             my
             Lord
             Ranulagh
             ought
             not
             to
             be
             examined
             on
             that
             point
             ,
             it
             tending
             to
             an
             Accusation
             of
             himself
             .
          
           
             The
             Earl
             of
             Corke
             being
             Sworn
             ,
             and
             questioned
             touching
             my
             Lord
             of
             
             Straffords
             words
             to
             him
             ,
             upon
             his
             excepting
             against
             the
             Orders
             made
             upon
             the
             Petition
             touching
             the
             said
             Rectory
             .
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             had
             been
             in
             Possession
             ,
             as
             Tenant
             of
             the
             Crown
             thirty
             five
             years
             ,
             of
             a
             Rectory
             and
             certain
             Tythes
             in
             the
             County
             of
             Tiperany
             ,
             for
             which
             he
             paid
             a
             yearly
             Rent
             ;
             and
             having
             enjoyed
             it
             so
             long
             ,
             my
             Lord
             presented
             to
             it
             
               Arthur
               Gwyn
            
             ,
             that
             had
             been
             his
             Coach-mans
             Groom
             .
             That
             when
             he
             heard
             of
             it
             ,
             he
             went
             to
             my
             Lord
             privately
             ,
             and
             told
             his
             Lordship
             ,
             that
             he
             was
             His
             Majesties
             Farmer
             of
             those
             Tythes
             ,
             and
             paid
             a
             Rent
             ;
             and
             desired
             he
             might
             not
             be
             sued
             for
             them
             in
             the
             Council-Chamber
             :
             but
             if
             a
             Suit
             must
             be
             ommenced
             ,
             that
             it
             might
             be
             in
             the
             proper
             Court
             ,
             the
             Exchequer
             .
             That
             my
             Lord
             told
             him
             ,
             he
             should
             Answer
             it
             there
             :
             That
             he
             did
             so
             ,
             and
             my
             Lord
             ordered
             it
             against
             him
             ;
             That
             a
             Commission
             went
             down
             ,
             and
             Examinations
             were
             taken
             :
             And
             after
             my
             Lord
             had
             ordered
             it
             against
             him
             ,
             an
             Order
             of
             course
             was
             set
             down
             ,
             that
             Gwyn
             should
             have
             them
             till
             I
             recovered
             them
             by
             course
             of
             Law.
             That
             thereupon
             ,
             I
             brought
             an
             Action
             against
             him
             ,
             and
             his
             Tenants
             ,
             who
             were
             Arrested
             ,
             and
             came
             to
             Dublin
             ;
             and
             then
             went
             to
             my
             Lord
             ,
             and
             Dr.
             Bramhill
             ,
             Bishop
             of
             Derry
             .
             That
             thereupon
             I
             was
             sent
             for
             before
             my
             Lord
             Lieutenant
             that
             then
             was
             ;
             and
             my
             Lord
             Lieutenant
             told
             me
             ,
             Sir
             ,
             You
             have
             taken
             out
             Writs
             against
             Gwyn
             ,
             to
             whom
             I
             Ordered
             the
             Tythes
             of
             the
             Rectory
             .
             I
             confest
             I
             had
             ,
             and
             desired
             to
             know
             why
             he
             aked
             me
             so
             ;
             adding
             ,
             that
             I
             am
             sure
             your
             Lordship
             will
             not
             take
             away
             my
             Possession
             ,
             by
             a
             Paper
             Bill
             ,
             without
             Trial.
             That
             my
             Lord
             of
             Strafford
             answered
             ,
             call
             in
             your
             Writs
             ,
             or
             if
             you
             will
             not
             ,
             I
             will
             clap
             you
             in
             the
             Castle
             ;
             For
             I
             tell
             you
             ,
             I
             will
             not
             have
             my
             Orders
             disputed
             by
             Law
             ,
             nor
             Lawyers
             .
          
           
             Gwyn
             was
             a
             poor
             man
             ,
             and
             if
             he
             should
             get
             the
             Rents
             of
             the
             Impropriation
             into
             his
             hands
             ,
             I
             could
             not
             get
             them
             again
             :
             And
             therefore
             I
             desired
             security
             ,
             That
             if
             by
             course
             of
             Law
             I
             should
             recover
             it
             ,
             I
             might
             have
             it
             again
             ;
             That
             my
             Lord
             of
             Strafford
             thereupon
             said
             ,
             It
             was
             very
             fit
             and
             just
             ;
             but
             the
             Order
             being
             brought
             unto
             me
             ,
             I
             said
             there
             was
             no
             such
             thing
             in
             the
             Order
             .
          
           
             Being
             desired
             by
             the
             Earl
             of
             Strafford
             to
             repeat
             the
             last
             over
             again
             ,
          
           
             I
             say
             ,
             that
             I
             told
             the
             Lieutenant
             ,
             that
             I
             did
             hold
             ,
             the
             Council-Chamber
             could
             not
             hold
             Plea
             of
             this
             ,
             and
             thereupon
             cited
             28
             H.
             6.
             the
             Book
             of
             Orders
             ,
             the
             Proclamation
             .
             Then
             I
             moved
             his
             Lordship
             ,
             that
             in
             regard
             Gwyn
             was
             a
             poor
             man
             ,
             and
             not
             answerable
             ,
             and
             might
             get
             the
             Rents
             ,
             being
             
             near
             100
             marks
             a
             year
             ,
             he
             might
             give
             security
             for
             the
             Rents
             ,
             if
             I
             should
             recover
             them
             by
             course
             of
             Law
             ;
             That
             my
             Lord
             of
             Strafford
             thought
             it
             just
             it
             should
             be
             so
             entred
             in
             the
             Order
             .
          
           
             And
             being
             asked
             how
             that
             came
             to
             be
             left
             out
             ,
          
           
             He
             Answered
             ,
             That
             Sir
             
               Paul
               Davis
            
             ,
             the
             Clerk
             of
             the
             Council
             ,
             told
             him
             ,
             my
             Lord
             of
             Strafford
             found
             fault
             with
             it
             ,
             and
             struck
             it
             out
             with
             his
             own
             hand
             .
          
           
             Being
             asked
             what
             words
             he
             heard
             from
             my
             Lord
             of
             Strafford
             ,
             concerning
             the
             said
             Order
             at
             Council-Board
             ,
             in
             King
             Iames
             his
             time
             :
          
           
             He
             Answered
             ,
             That
             there
             was
             a
             Parsonage
             in
             the
             County
             of
             Kerry
             ,
             in
             his
             Presentment
             ,
             and
             it
             fell
             void
             ;
             the
             Dean
             ,
             and
             some
             others
             ,
             commended
             one
             Atkinson
             to
             be
             his
             Vicar
             ,
             That
             on
             their
             Commendation
             ,
             not
             knowing
             him
             himself
             ,
             he
             presented
             him
             ,
             without
             any
             consideration
             .
             That
             Atkinson
             afterwards
             fell
             into
             decay
             ,
             and
             was
             Imprisoned
             ;
             and
             the
             Prison
             being
             very
             loathsome
             ,
             the
             Bishop
             wrote
             unto
             him
             ,
             this
             Deponent
             ,
             and
             sent
             him
             a
             Lease
             ,
             under
             the
             Hand
             and
             Seal
             of
             him
             the
             said
             Bishop
             ,
             and
             the
             Incumbent
             ,
             with
             a
             Label
             for
             his
             the
             Deponents
             hand
             ,
             and
             desired
             him
             to
             seal
             it
             for
             40
             s.
             a
             year
             to
             another
             ,
             that
             Atkinson
             might
             pay
             his
             Debts
             ,
             and
             stock
             himself
             with
             Cattle
             ;
             That
             he
             the
             Deponent
             ,
             refused
             it
             ,
             though
             brought
             50
             miles
             from
             his
             House
             ,
             fearing
             it
             might
             be
             prejudicial
             to
             the
             next
             Clerk.
             That
             the
             Bishop
             sent
             
             Atkinson's
             Wife
             back
             over
             the
             Mountains
             with
             his
             Letter
             ,
             and
             the
             Lease
             ;
             and
             he
             the
             Earl
             of
             Corke
             ,
             did
             sign
             it
             then
             ;
             For
             ,
             seeing
             the
             misery
             of
             the
             poor
             Woman
             ,
             and
             her
             Children
             ,
             he
             thought
             it
             a
             work
             of
             Charity
             ;
             and
             it
             continued
             so
             till
             my
             Lord
             of
             Strafford
             came
             to
             the
             Government
             .
          
           
             That
             then
             he
             had
             a
             Bill
             preferred
             against
             him
             in
             the
             Star-Chamber
             ,
             for
             breaking
             an
             Act
             of
             State
             ,
             That
             none
             should
             make
             a
             Lease
             for
             longer
             than
             the
             Incumbents
             life
             ,
             and
             desired
             that
             the
             Bill
             should
             be
             read
             ,
             in
             all
             the
             Proceedings
             of
             it
             ;
             That
             thereupon
             he
             told
             the
             Earl
             of
             Strafford
             ,
             it
             was
             a
             work
             of
             Charity
             ,
             and
             he
             never
             heard
             of
             such
             an
             Act
             of
             State
             ,
             being
             not
             published
             ,
             and
             made
             in
             King
             Iames
             his
             time
             ,
             and
             in
             the
             Lord
             Grandisons
             Government
             ,
             who
             are
             both
             dead
             :
             And
             therefore
             he
             conceived
             ,
             there
             was
             no
             cause
             to
             charge
             ,
             or
             prosecute
             him
             for
             it
             ,
             being
             but
             an
             Act
             of
             State.
             That
             my
             Lord
             of
             Strafford
             Answered
             ,
             I
             tell
             you
             ,
             my
             Lord
             ,
             as
             Great
             as
             you
             are
             ,
             I
             will
             make
             you
             ,
             and
             all
             the
             Subjects
             of
             Ireland
             know
             ,
             That
             any
             Act
             of
             State
             made
             ,
             or
             to
             be
             made
             ,
             shall
             be
             as
             binding
             to
             you
             ,
             and
             the
             Subjects
             of
             Ireland
             ,
             during
             my
             Government
             ,
             as
             an
             Act
             of
             Parliament
             .
          
           
             Being
             asked
             on
             my
             Lord
             of
             Straffords
             motion
             ,
             whether
             the
             Order
             made
             in
             the
             Case
             of
             Gwyn
             ,
             was
             not
             made
             by
             the
             major
             part
             of
             the
             Votes
             of
             the
             Board
             :
          
           
             He
             Answered
             ,
             That
             he
             did
             say
             that
             it
             was
             Voted
             at
             the
             Council-Table
             ,
             but
             he
             knows
             not
             whether
             it
             were
             done
             by
             the
             major
             part
             ;
             and
             afterwards
             (
             with
             a
             lower
             voice
             )
             His
             Lordship
             added
             ,
             that
             he
             thinks
             it
             was
             never
             Voted
             .
          
           
             
               Iohn
               Waldron
            
             Sworn
             ;
             was
             examined
             touching
             the
             words
             my
             Lord
             of
             
             Strafford
             was
             charged
             to
             say
             ,
             touching
             an
             Act
             of
             State
             ,
             being
             equal
             to
             an
             Act
             of
             Parliament
             ;
             and
             the
             occasion
             :
          
           
             He
             Answered
             ,
             It
             was
             his
             chance
             to
             be
             at
             Council-Table
             ,
             when
             a
             Cause
             ,
             depending
             between
             the
             Merchants
             of
             Galloway
             ,
             and
             some
             others
             ,
             that
             prosecuted
             the
             business
             in
             behalf
             of
             the
             Church
             ,
             about
             a
             Lease
             made
             by
             the
             Dean
             of
             Derry
             ;
             which
             was
             debated
             at
             the
             Council-Board
             .
             And
             there
             
             was
             one
             Mr.
             Martin
             of
             Council
             for
             the
             Merchants
             ,
             and
             he
             pressing
             hard
             for
             his
             Clients
             ;
             It
             pleased
             my
             Lord
             to
             think
             he
             had
             over-shot
             himself
             ,
             or
             was
             too
             forward
             ;
             and
             asked
             what
             he
             had
             to
             say
             ,
             that
             he
             prest
             that
             Cause
             so
             hard
             ;
             That
             Mr.
             Martin
             Answered
             him
             ,
             He
             had
             an
             Act
             of
             Parliament
             ,
             or
             Statute
             ,
             or
             to
             that
             purpose
             .
          
           
             That
             my
             Lord
             of
             Strafford
             Replied
             again
             ,
             Sir
             ,
             I
             will
             make
             you
             know
             ,
             That
             an
             Act
             of
             this
             Board
             shall
             be
             as
             good
             as
             any
             Act
             ,
             or
             Statute
             ,
             or
             words
             to
             that
             effect
             .
          
           
             
               Iohn
               Kay
            
             ,
             after
             some
             Exceptions
             taken
             by
             the
             Earl
             of
             Strafford
             against
             him
             ,
             as
             no
             fit
             Witness
             in
             respect
             of
             his
             prosecuting
             a
             Suit
             against
             his
             Lordship
             ,
             for
             the
             Lady
             Hibbotts
             ,
             which
             was
             Over-ruled
             by
             their
             Lordships
             ,
             was
             sworn
             ,
             and
             being
             asked
             touching
             the
             said
             words
             to
             be
             spoken
             by
             the
             Earl
             of
             Strafford
             ,
             and
             the
             occasion
             and
             the
             time
             .
          
           
             He
             Answered
             ,
             That
             he
             was
             present
             at
             Council-Table
             by
             chance
             ,
             when
             there
             was
             a
             Cause
             ,
             wherein
             Mr.
             Martin
             pleading
             for
             his
             Clients
             :
             My
             Lord-Deputy
             then
             asked
             him
             ,
             What
             made
             him
             so
             earnest
             for
             it
             ;
             He
             said
             ,
             He
             had
             an
             Act
             of
             Parliament
             ,
             or
             Statute
             ,
             to
             justifie
             his
             Cause
             .
             Hereupon
             my
             Lord-Deputy
             Answered
             ,
             He
             should
             know
             ,
             that
             as
             long
             as
             Himself
             sate
             in
             that
             Place
             ,
             An
             Act
             of
             State
             should
             be
             as
             strong
             as
             an
             Act
             of
             Parliament
             ,
             or
             words
             to
             that
             effect
             .
          
           
             Being
             asked
             of
             the
             time
             .
          
           
             He
             Answered
             ,
             He
             doth
             not
             remember
             the
             time
             ,
             but
             it
             was
             three
             years
             and
             upwards
             .
             It
             was
             before
             Iuly
             1637.
             but
             the
             Day
             and
             Year
             he
             remembers
             not
             ;
             but
             it
             was
             in
             the
             Case
             where
             Mr.
             Martin
             was
             Council
             .
          
           
             My
             Lord
             Corke
             being
             asked
             about
             the
             time
             ,
             he
             said
             ,
             It
             was
             in
             1635.
             about
             February
             .
          
           
             Mr.
             Waldron
             being
             asked
             ,
             Whether
             it
             was
             in
             a
             Church-Cause
             .
             Answered
             ,
             My
             Lord-Deputy
             made
             an
             Offer
             ,
             That
             if
             they
             would
             take
             a
             Lease
             for
             21
             years
             ,
             at
             full
             value
             ,
             they
             should
             have
             it
             .
             But
             if
             they
             would
             stand
             on
             the
             Trial
             of
             the
             Lease
             ,
             they
             must
             take
             the
             adventure
             .
          
           
             And
             Mr.
             Hoy
             being
             asked
             ,
             Whether
             it
             was
             a
             Church-Cause
             .
          
           
             He
             Answered
             ,
             He
             conceived
             the
             Church
             was
             Interested
             in
             it
             .
          
           
             Lord
             
               Kill
               mallock
            
             asked
             ,
             Whether
             he
             heard
             my
             Lord
             Strafford
             say
             ,
             An
             Act
             of
             Council
             should
             be
             as
             Valid
             as
             an
             Act
             of
             Parliament
             ,
             when
             ,
             on
             what
             occasion
             ,
             and
             to
             what
             scope
             .
          
           
             He
             Answered
             ,
             That
             he
             was
             at
             Council-Table
             some
             four
             or
             five
             years
             ago
             ,
             and
             there
             did
             hear
             my
             Lord
             of
             Strafford
             say
             to
             one
             of
             the
             Council
             (
             he
             cannot
             say
             it
             was
             Mr.
             Martin
             )
             He
             would
             have
             him
             know
             ,
             as
             long
             as
             himself
             was
             Governor
             ,
             An
             Act
             of
             State
             should
             be
             as
             binding
             as
             an
             Act
             of
             Parliament
             ;
             on
             what
             occasion
             he
             cannot
             say
             .
             He
             further
             said
             ,
             That
             in
             the
             10th
             Year
             of
             the
             King
             ,
             in
             the
             Parliament
             held
             in
             Ireland
             ,
             he
             heard
             Sir
             
               George
               Ratcliffe
            
             (
             my
             Lord
             of
             
             Strafford's
             Eccho
             )
             in
             that
             House
             ,
             say
             ,
             On
             occasion
             of
             a
             Bill
             that
             was
             cast
             out
             in
             that
             House
             ,
             making
             it
             Felony
             for
             any
             to
             have
             Powder
             without
             Licence
             .
             It
             is
             all
             one
             ,
             he
             would
             have
             an
             Act
             of
             State
             for
             it
             ,
             which
             should
             be
             as
             binding
             as
             an
             Act
             of
             Parliament
             .
          
           
             Sir
             
               Pierce
               Crosby
            
             was
             asked
             ,
             Whether
             he
             heard
             my
             Lord
             of
             Strafford
             at
             another
             time
             say
             ,
             An
             Act
             of
             Council
             should
             be
             as
             valid
             as
             an
             Act
             of
             Parliament
             ,
             when
             ,
             on
             what
             occasion
             ,
             to
             what
             intent
             .
          
           
             He
             Answered
             ,
             That
             he
             doth
             very
             well
             remember
             the
             words
             ,
             the
             time
             not
             precisely
             ;
             but
             he
             was
             sure
             it
             was
             soon
             after
             my
             Lords
             coming
             into
             Ireland
             ,
             and
             before
             the
             Parliament
             ,
             and
             was
             the
             cause
             of
             the
             first
             Exception
             against
             him
             the
             said
             Sir
             
               Pierce
               Crosby
            
             ,
             for
             he
             reasoned
             it
             with
             his
             
             Lordship
             ,
             being
             at
             his
             own
             Table
             at
             Dinner
             ,
             there
             being
             then
             present
             ,
             and
             sitting
             next
             to
             him
             ,
             a
             Member
             of
             this
             Honourable
             House
             ,
             my
             Lord
             Castlehaven
             .
             There
             were
             likewise
             my
             Lord
             Osmond
             ,
             and
             several
             others
             of
             the
             Council
             of
             Ireland
             .
             The
             words
             were
             these
             ,
             That
             if
             he
             lived
             ,
             He
             would
             make
             an
             Act
             of
             State
             to
             be
             of
             equal
             Power
             with
             an
             Act
             of
             Parliament
             .
             That
             he
             ,
             the
             Deponent
             ,
             thought
             his
             Lordship
             spoke
             it
             merrily
             ,
             and
             answered
             him
             in
             the
             same
             kind
             ,
             saying
             ,
             My
             Lord
             ,
             when
             you
             go
             about
             to
             do
             this
             ,
             I
             will
             believe
             some
             body
             will
             rise
             ,
             as
             an
             English
             Gentleman
             did
             in
             England
             ,
             and
             desire
             a
             Clause
             of
             Exception
             ,
             that
             it
             may
             not
             reach
             to
             himself
             ,
             his
             Kindred
             and
             Friends
             .
             That
             my
             Lord
             of
             Strafford
             looked
             on
             him
             very
             earnestly
             ,
             and
             said
             ,
             He
             would
             take
             him
             ,
             whosoever
             he
             was
             ,
             and
             lay
             him
             by
             the
             heels
             .
          
           
             That
             this
             was
             in
             Parliament
             time
             :
             And
             he
             the
             Deponent
             would
             fain
             have
             qualified
             it
             ;
             but
             Parliament
             ,
             or
             not
             Parliament
             (
             says
             my
             Lord
             )
             Ireland
             is
             a
             Conquer'd
             Nation
             ,
             and
             the
             Conqueror
             should
             give
             the
             Law.
             That
             he
             the
             said
             Sir
             
               Pierce
               Crosby
            
             Replyed
             ,
             My
             Lord
             ,
             then
             ,
             I
             beseech
             you
             ,
             give
             me
             leave
             ,
             I
             am
             one
             of
             those
             that
             must
             uphold
             an
             Act
             of
             State
             ,
             by
             all
             lawful
             ways
             ,
             having
             the
             Honour
             to
             be
             a
             Member
             of
             the
             Government
             ,
             though
             unworthy
             .
             What
             will
             be
             alledged
             on
             the
             other
             part
             ?
             they
             will
             say
             an
             Act
             of
             Parliament
             attaints
             and
             restores
             Blood
             ,
             and
             doth
             many
             things
             an
             Act
             of
             State
             cannot
             reach
             to
             ,
             for
             it
             is
             confined
             within
             the
             limits
             of
             the
             Government
             .
             That
             my
             Lord
             having
             not
             to
             Reply
             to
             this
             ,
             rose
             in
             some
             choller
             ;
             and
             told
             him
             ,
             the
             Deponent
             ,
             of
             something
             else
             he
             conceived
             he
             the
             Deponent
             had
             done
             amiss
             at
             Council-Board
             on
             a
             Statute
             that
             was
             in
             debate
             .
          
           
             And
             so
             the
             Manager
             concluded
             the
             Article
             with
             thus
             much
             more
             ;
             The
             Article
             ,
             in
             the
             conclusion
             of
             it
             ,
             charges
             him
             with
             scorning
             the
             Government
             and
             Laws
             .
             And
             it
             was
             desired
             their
             Lorships
             would
             take
             notice
             of
             what
             is
             proved
             out
             of
             these
             words
             ,
             and
             the
             concurrent
             proof
             Yesterday
             .
          
           
             The
             Earl
             of
             Strafford
             begins
             his
             Defence
             ,
             saying
             ,
          
           
             First
             ,
             I
             must
             stand
             upon
             the
             truth
             of
             my
             Answer
             ,
             which
             must
             be
             good
             ,
             till
             it
             be
             denied
             ,
             so
             far
             as
             goes
             to
             matter
             of
             Misdemeanor
             .
             
          
           
             I
             have
             not
             had
             time
             to
             examine
             Witnesses
             ,
             having
             not
             liberty
             till
             Friday
             last
             ,
             which
             I
             urge
             by
             way
             of
             excuse
             ,
             if
             my
             Answers
             give
             not
             full
             satisfaction
             .
          
           
             Here
             is
             an
             Order
             of
             the
             House
             of
             Commons
             there
             ,
             whereby
             your
             Lordships
             may
             perceive
             how
             unlikely
             I
             am
             to
             have
             any
             thing
             from
             Ireland
             that
             may
             work
             to
             my
             Justification
             ,
             which
             was
             read
             ,
             and
             bears
             Date
             25.
             
             February
             ,
             1640.
             
          
           
             Authorising
             those
             undernamed
             to
             go
             aboard
             any
             Ships
             ,
             and
             seize
             ,
             search
             ,
             and
             break
             up
             all
             Trunks
             ,
             Chests
             ,
             and
             Cabins
             aboard
             .
             To
             seize
             on
             all
             Silver
             and
             Gold
             ,
             except
             small
             Sums
             ;
             and
             all
             Debts
             ,
             Evidences
             ,
             and
             Writings
             as
             they
             shall
             think
             fit
             ,
             of
             him
             the
             said
             Earl
             of
             Strafford
             .
          
           
             This
             his
             Lordship
             conceived
             to
             be
             a
             great
             Violation
             of
             the
             Peerage
             of
             the
             Kingdom
             .
          
           
             For
             making
             good
             of
             his
             Answer
             ,
             his
             Lordship
             Alledged
             :
          
           
             That
             the
             Council-Board
             of
             Ireland
             is
             a
             Court
             of
             Record
             ,
             which
             differs
             much
             from
             the
             Council-Board
             of
             England
             ;
             and
             that
             they
             proceed
             there
             by
             Bill
             ,
             Answer
             ,
             Examination
             ,
             Publication
             ,
             and
             all
             the
             formal
             courses
             of
             legal
             Proceedings
             .
          
           
           
             That
             my
             care
             to
             preserve
             the
             Authority
             of
             the
             Deputy
             and
             Council
             ,
             is
             not
             a
             Subversion
             of
             the
             Laws
             :
             Only
             it
             directs
             it
             ,
             and
             puts
             the
             execution
             of
             the
             Law
             another
             way
             .
          
           
             That
             for
             Reasons
             of
             State
             ,
             it
             must
             be
             preserved
             ,
             being
             the
             place
             of
             Resort
             for
             Protection
             and
             Defence
             of
             the
             English
             Planters
             ,
             and
             Protestant
             Clergy
             .
          
           
             I
             shall
             produce
             and
             acknowledge
             the
             Instructions
             made
             22
             Iac.
             and
             I
             shall
             read
             part
             that
             bounds
             the
             Council-Board
             particulary
             mentioned
             in
             the
             Reply
             to
             the
             Third
             Charge
             .
          
           
             I
             desire
             a
             Book
             may
             be
             read
             ,
             a
             Book
             in
             the
             hands
             of
             Mr.
             Denham
             ,
             containing
             certain
             Answers
             given
             by
             the
             Lord
             Chichester
             ,
             to
             certain
             Complaints
             made
             against
             that
             State
             ,
             and
             written
             with
             Mr.
             Baron
             
             Denham's
             own
             hand
             ,
             which
             on
             debate
             ,
             was
             Resolved
             not
             to
             be
             read
             ,
             being
             written
             only
             for
             a
             private
             Remembrance
             .
          
           
             I
             shall
             refer
             to
             my
             Lord
             
             Ranulagh's
             Deposition
             the
             other
             day
             ,
             to
             satisfie
             your
             Lordships
             touching
             the
             Proceedings
             at
             Council
             Table
             .
          
           
             To
             prove
             the
             Council-Board
             to
             be
             a
             Court
             of
             Record
             .
          
           
             Robert
             Lord
             Dillom
             being
             asked
             ,
             Whether
             before
             my
             Lord
             
             Strafford's
             time
             he
             had
             not
             known
             always
             ,
             during
             his
             memory
             ,
             the
             Deputy
             and
             Council
             in
             all
             causes
             of
             Plantation
             ,
             and
             the
             Church
             ,
             proceed
             by
             Petition
             ,
             Answer
             ,
             Examination
             of
             Witnesses
             ,
             Publication
             ,
             and
             Hearing
             ,
             as
             in
             other
             Courts
             of
             Equity
             ,
             and
             upon
             Oath
             .
          
           
             He
             Answered
             ,
             That
             he
             remembers
             in
             my
             Lord
             
             Chichester's
             time
             of
             Government
             ,
             it
             was
             the
             practise
             of
             the
             Board
             so
             to
             do
             :
             That
             he
             remembers
             it
             in
             my
             Lord
             
             Grandison's
             time
             ;
             that
             he
             had
             the
             Honour
             to
             be
             called
             to
             the
             Council-Board
             under
             my
             Lord
             
             Faulkland's
             Government
             ,
             and
             knew
             it
             then
             .
             And
             it
             was
             in
             the
             Justices
             time
             that
             preceded
             my
             Lord
             
             Strafford's
             Government
             ,
             To
             have
             Petitions
             ,
             Examinations
             of
             Witnesses
             ,
             Publication
             ,
             a
             day
             of
             hearing
             granted
             ,
             and
             all
             ordinary
             Proceedings
             .
          
           
             Being
             asked
             ,
             Whether
             at
             that
             Board
             they
             have
             not
             been
             punished
             ,
             who
             have
             disobeyed
             Proclamations
             ,
             and
             Acts
             of
             State
             ,
             before
             my
             Lord
             
             Strafford's
             time
             ,
             and
             how
             long
             .
          
           
             He
             Answered
             ,
             That
             out
             of
             his
             Observation
             ,
             at
             Council-Table
             Acts
             of
             State
             were
             made
             ,
             because
             of
             the
             scarcity
             of
             Parliaments
             ,
             that
             they
             might
             be
             a
             Supplement
             to
             Acts
             of
             Parliament
             ,
             that
             he
             hath
             known
             before
             ;
             and
             when
             he
             sate
             at
             the
             Board
             on
             contempts
             of
             these
             Acts
             of
             State
             ,
             or
             Proclamations
             ,
             which
             ,
             he
             said
             ,
             he
             had
             heard
             the
             Judges
             say
             to
             be
             a
             kind
             of
             Law
             of
             the
             Land
             ,
             for
             the
             present
             ;
             the
             Parties
             were
             Attached
             ,
             brought
             to
             the
             Board
             ,
             and
             upon
             full
             Examination
             of
             the
             Cause
             ,
             and
             Proof
             of
             the
             Contempt
             ,
             sometimes
             Imprisoned
             ,
             sometimes
             Fined
             ,
             according
             to
             the
             Delinquency
             and
             Degree
             of
             the
             Offence
             supposed
             to
             be
             committed
             .
          
           
             Being
             asked
             of
             Fines
             in
             Cases
             between
             Party
             and
             Party
             .
          
           
             He
             Answered
             ,
             That
             he
             doth
             not
             remember
             any
             Fine
             imposed
             in
             a
             special
             Cause
             betwixt
             Party
             and
             Party
             .
          
           
             Sir
             
               Adam
               Loftus
            
             being
             asked
             to
             the
             same
             purpose
             .
          
           
             He
             Answered
             ,
             It
             hath
             ever
             been
             ,
             since
             his
             remembrance
             ,
             the
             constant
             Practise
             there
             ,
             in
             Causes
             of
             the
             Church
             and
             Plantation
             ,
             to
             proceed
             on
             Petition
             ,
             Answer
             ,
             &c.
             and
             Fines
             imposed
             on
             Breakers
             of
             Publick
             Acts
             of
             State
             and
             Proclamations
             .
             But
             he
             remembers
             not
             any
             Fines
             for
             Contempts
             ,
             in
             case
             of
             particular
             and
             private
             Interest
             .
          
           
             We
             shall
             admit
             it
             to
             have
             Cognizance
             of
             matters
             of
             Plantation
             and
             Church
             ,
             and
             such
             as
             are
             recommended
             from
             the
             King
             to
             the
             Council
             here
             .
             
             But
             not
             to
             be
             a
             Court
             of
             Record
             .
          
           
           
             From
             these
             Proofs
             ,
             I
             infer
             ,
             That
             the
             Council-Board
             there
             hath
             another
             Constitution
             then
             here
             ,
             where
             it
             is
             only
             a
             Court
             of
             State.
             
             
          
           
             I
             shall
             produce
             the
             Order
             made
             in
             my
             Lord
             of
             
             Corke's
             Case
             ,
             which
             I
             observe
             to
             be
             in
             the
             Case
             of
             the
             Church
             ,
             and
             so
             within
             the
             Cognizance
             of
             Deputy
             and
             Council
             .
          
           
             The
             Order
             was
             read
             ,
             being
             signed
             by
             Sir
             
               Paul
               Davis
            
             ,
             and
             acknowledged
             by
             my
             Lord
             of
             Corke
             to
             be
             Sir
             Paul
             Davis's
             hand
             .
          
           
             Upon
             reading
             whereof
             ,
             my
             Lord
             of
             Strafford
             observed
             ,
             That
             it
             appears
             to
             be
             a
             Church-Cause
             ,
             That
             the
             Order
             was
             just
             ,
             and
             that
             the
             Clause
             for
             the
             Plaintiffs
             giving
             of
             Security
             to
             answer
             the
             mean
             Profits
             ,
             which
             my
             Lord
             of
             Corke
             said
             was
             struck
             out
             of
             the
             Order
             ,
             and
             for
             my
             Lord
             of
             
             Corke's
             liberty
             to
             bring
             his
             Action
             at
             Law
             ,
             only
             he
             was
             limited
             to
             prosecute
             it
             within
             a
             year
             .
          
           
             Mr.
             Leake
             was
             produced
             by
             my
             Lord
             of
             Strafford
             ,
             and
             being
             asked
             what
             Authority
             he
             hath
             known
             the
             Council-Board
             in
             Ireland
             to
             exercise
             ,
             both
             before
             my
             Lord
             of
             
             Strafford's
             coming
             thither
             ,
             and
             since
             ,
             in
             Causes
             of
             the
             Church
             and
             Plantation
             ,
             and
             concerning
             Contempts
             to
             Proclamations
             ,
             and
             Acts
             of
             State
             ,
             and
             what
             Countryman
             he
             is
             .
          
           
             He
             Answered
             ,
             That
             his
             name
             is
             Leake
             of
             Leake
             ,
             in
             the
             County
             of
             Nottingham
             ,
             where
             ,
             he
             said
             ,
             his
             Family
             hath
             continued
             400
             years
             :
             That
             it
             is
             14
             years
             since
             he
             went
             into
             Ireland
             ,
             and
             before
             this
             Lords-Deputies
             time
             ;
             and
             before
             that
             time
             he
             did
             not
             observe
             any
             restraint
             from
             Injunctions
             on
             the
             Council-Board
             ,
             till
             the
             Instructions
             published
             ,
             and
             they
             did
             stay
             them
             .
          
           
             That
             they
             proceeded
             by
             Injunction
             ,
             Process
             ,
             Bill
             ,
             Answer
             ,
             Examination
             ,
             and
             other
             Courses
             ,
             as
             in
             the
             Chancery
             of
             England
             .
             And
             since
             the
             same
             course
             hath
             been
             held
             .
             And
             my
             Lord
             of
             Strafford
             hath
             had
             in
             the
             Castle-Chamber
             divers
             Causes
             of
             Law
             argued
             before
             him
             concerning
             the
             Church
             ,
             wherein
             one
             Chadwick
             and
             divers
             others
             were
             convented
             thirty
             times
             ,
             when
             he
             the
             Examinant
             was
             there
             and
             heard
             them
             twenty
             he
             is
             sure
             ,
             but
             he
             thinks
             thirty
             .
             But
             my
             Lord
             of
             Strafford
             did
             forbear
             to
             give
             Sentence
             ,
             till
             he
             heard
             these
             Causes
             argued
             :
             That
             14
             years
             he
             hath
             been
             very
             well
             versed
             in
             that
             Kingdom
             ,
             that
             he
             hath
             known
             Injunctions
             have
             gone
             out
             from
             thence
             to
             stay
             Proceedings
             in
             Causes
             ,
             where
             they
             have
             Power
             of
             Jurisdiction
             ,
             that
             he
             hath
             known
             my
             Lord
             Chancellor
             Loftus
             that
             was
             ,
             to
             grant
             an
             Injunction
             without
             Bill
             ,
             and
             before
             any
             Complaint
             depended
             before
             him
             ,
             and
             that
             he
             himself
             had
             the
             Injunction
             granted
             .
          
           
             Being
             asked
             about
             the
             time
             of
             his
             going
             into
             Ireland
             .
          
           
             He
             said
             he
             went
             betwixt
             1627.
             and
             1628.
             
          
           
             Whence
             observe
             ,
             that
             the
             Witness
             hath
             made
             an
             Observation
             of
             the
             Instructions
             five
             years
             before
             he
             came
             into
             Ireland
             .
             
          
           
             Being
             asked
             some
             other
             questions
             touching
             the
             occasion
             of
             his
             going
             into
             Ireland
             ,
             and
             how
             he
             came
             to
             take
             notice
             of
             the
             Proceedings
             there
             .
          
           
             He
             Answered
             ,
             He
             hath
             been
             there
             at
             several
             times
             ,
             to
             pursue
             some
             Tenants
             of
             his
             that
             fled
             into
             Ireland
             ;
             and
             by
             reason
             of
             the
             Suits
             and
             Petitions
             he
             prosecuted
             in
             his
             own
             Right
             ,
             he
             had
             occasion
             to
             enquire
             after
             Proceedings
             there
             ,
             having
             been
             there
             for
             the
             most
             part
             of
             14
             years
             .
          
           
             To
             the
             Statute
             of
             28
             H.
             6.
             which
             the
             Commons
             have
             pressed
             as
             a
             Rule
             for
             the
             re●ing
             of
             Causes
             to
             their
             proper
             Courts
             ,
             and
             to
             annihilate
             all
             
             these
             Proceedings
             before
             the
             Deputy
             and
             Council
             ;
             and
             before
             the
             Deputy
             
             alone
             in
             his
             particular
             Jurisdiction
             ,
             in
             the
             nature
             of
             a
             Court
             of
             Requests
             in
             England
             .
             I
             reserve
             my self
             to
             have
             my
             Council
             give
             satisfaction
             therein
             :
             Only
             desire
             your
             Lordships
             to
             observe
             the
             last
             Clause
             ,
             saving
             the
             King's
             Prerogative
             .
          
           
             These
             Proceedings
             are
             not
             against
             
               Magna
               Charta
            
             ,
             they
             being
             according
             to
             the
             Laws
             and
             Customs
             of
             the
             Land
             ;
             though
             it
             be
             not
             the
             Custom
             of
             England
             .
             And
             if
             he
             hath
             been
             an
             Innovator
             ,
             it
             hath
             been
             to
             conform
             Ireland
             by
             all
             ways
             he
             could
             in
             Religion
             and
             Laws
             ,
             to
             the
             better
             and
             more
             excellent
             Pattern
             of
             England
             .
          
           
             To
             the
             Objection
             made
             against
             Mr.
             Gwyn
             ,
             he
             is
             altogether
             unknown
             to
             me
             ,
             only
             was
             recommended
             to
             me
             ,
             and
             here
             is
             a
             Certificate
             that
             Gwyn
             is
             Master
             of
             Arts
             ;
             but
             that
             was
             not
             read
             ,
             nor
             insisted
             on
             .
          
           
             To
             the
             matter
             of
             words
             Charged
             upon
             him
             .
          
           
             He
             Answered
             ,
             That
             words
             without
             Fact
             can
             be
             no
             matter
             of
             Treason
             ,
             though
             of
             a
             higher
             nature
             then
             these
             .
          
           
             That
             words
             are
             to
             be
             charged
             within
             a
             limited
             time
             .
          
           
             1
             E.
             6.
             
             Ca.
             12.
             whereby
             it
             is
             provided
             ,
             That
             none
             shall
             be
             Impeached
             concerning
             Treason
             for
             words
             only
             ,
             if
             the
             party
             ,
             being
             within
             the
             Realm
             ,
             be
             not
             accused
             within
             thirty
             days
             :
             If
             out
             of
             the
             Realm
             ,
             within
             six
             months
             ,
             &c.
             
             Which
             Proviso
             his
             Lordship
             read
             ,
             and
             reserved
             to
             his
             Council
             farther
             to
             apply
             it
             .
          
           
             For
             the
             words
             spoken
             to
             my
             Lord
             of
             Corke
             ,
             That
             neither
             Law
             nor
             Lawyers
             should
             dispute
             my
             Orders
             .
             I
             conceive
             I
             might
             justifie
             the
             speaking
             of
             them
             ,
             if
             the
             Orders
             ,
             and
             Acts
             of
             State
             be
             justly
             warrantable
             ,
             and
             honourably
             made
             .
          
           
             Yet
             it
             is
             improbable
             I
             should
             speak
             the
             words
             ,
             when
             the
             Order
             refers
             it self
             to
             Law.
             
          
           
             If
             they
             were
             spoken
             ,
             they
             are
             at
             the
             highest
             indiscreet
             and
             foolish
             ;
             and
             it
             is
             a
             heavy
             thing
             to
             punish
             me
             for
             not
             being
             wiser
             than
             God
             Almighty
             hath
             made
             me
             .
          
           
             For
             the
             last
             words
             ,
             That
             I
             would
             make
             the
             said
             Earl
             and
             all
             Ireland
             know
             ,
             That
             so
             long
             as
             I
             had
             Government
             there
             ,
             An
             Act
             of
             State
             made
             ,
             or
             to
             be
             made
             ,
             should
             be
             as
             binding
             as
             an
             Act
             of
             Parliament
             .
             I
             observe
             my
             Lord
             of
             
             Corke's
             quick
             memory
             ,
             that
             could
             swear
             them
             roundly
             ,
             without
             missing
             a
             letter
             or
             sillable
             as
             they
             are
             laid
             in
             the
             Charge
             .
          
           
             That
             these
             words
             are
             only
             in
             the
             Charge
             ,
             and
             so
             only
             to
             be
             answered
             to
             .
             And
             for
             Answer
             ,
             I
             say
             ,
             That
             in
             case
             of
             an
             Act
             done
             ,
             they
             may
             be
             brought
             collaterally
             ,
             as
             an
             inducement
             ,
             to
             prove
             the
             intention
             .
             But
             the
             Act
             must
             be
             proved
             ,
             before
             they
             can
             touch
             me
             as
             of
             Treason
             .
          
           
             My
             Lord
             of
             Corke
             is
             a
             single
             Witness
             ,
             and
             by
             a
             Proviso
             ,
             1
             E.
             6
             Ca.
             12.
             no
             person
             ,
             after
             the
             first
             of
             February
             then
             following
             ,
             is
             to
             be
             Arraigned
             ,
             &c.
             of
             Treason
             ,
             &c.
             for
             any
             words
             to
             be
             spoken
             after
             the
             said
             first
             of
             February
             ,
             unless
             the
             Offendor
             be
             accused
             by
             two
             sufficient
             Witnesses
             ,
             or
             should
             ,
             without
             violence
             ,
             confess
             them
             .
          
           
             To
             the
             words
             spoken
             of
             by
             the
             other
             Witnesses
             being
             the
             same
             in
             effect
             ,
             I
             am
             not
             to
             answer
             ,
             being
             extrajudicially
             proved
             ,
             and
             spoken
             in
             other
             places
             and
             times
             than
             I
             am
             Charged
             withall
             .
          
           
             Yet
             I
             think
             they
             might
             be
             fairly
             interpreted
             :
             For
             if
             an
             Act
             of
             State
             be
             not
             made
             against
             an
             Act
             of
             Parliament
             ,
             or
             a
             Fundamental
             Law
             of
             the
             Land
             ,
             but
             consistent
             with
             it
             ,
             and
             made
             by
             way
             of
             provision
             for
             remedying
             some
             present
             Mischief
             in
             the
             Common-wealth
             ,
             till
             the
             Parliament
             may
             provide
             Redress
             for
             it
             .
             They
             are
             as
             binding
             during
             the
             time
             they
             are
             in
             force
             ,
             as
             an
             Act
             of
             Parliament
             (
             though
             I
             confess
             ,
             the
             Comparison
             is
             
             not
             good
             )
             because
             they
             be
             made
             according
             to
             Law
             and
             Justice
             ;
             according
             to
             the
             Fundamental
             Laws
             of
             the
             Land
             ,
             wherein
             the
             Prerogative
             of
             the
             Crown
             hath
             a
             part
             ,
             as
             well
             as
             the
             Property
             of
             the
             Subject
             :
             For
             if
             the
             Propriety
             of
             the
             Subject
             ,
             as
             it
             is
             ,
             (
             and
             God
             forbid
             but
             it
             should
             continue
             )
             be
             the
             second
             ,
             undoubtedly
             the
             Prerogative
             of
             the
             Crown
             is
             the
             first
             Table
             of
             that
             Fundamental
             Law
             ,
             and
             hath
             something
             more
             imprinted
             upon
             it
             :
             For
             if
             it
             hath
             a
             divinity
             imprinted
             upon
             it
             ,
             it
             is
             God's
             Annointed
             ;
             It
             is
             he
             that
             gives
             the
             Powers
             .
             And
             Kings
             are
             as
             Gods
             on
             Earth
             ,
             higher
             Prerogatives
             than
             can
             be
             said
             ,
             or
             found
             to
             be
             spoken
             of
             the
             Propriety
             or
             Liberty
             of
             the
             Subject
             ;
             and
             yet
             they
             go
             on
             hand
             in
             hand
             ,
             and
             long
             may
             they
             do
             so
             ,
             long
             may
             they
             go
             in
             that
             Agreement
             and
             Harmony
             ,
             which
             they
             should
             have
             done
             hitherto
             ,
             and
             I
             trust
             shall
             be
             to
             the
             last
             ,
             not
             rising
             one
             above
             another
             in
             any
             kind
             ,
             but
             kept
             in
             their
             own
             wonted
             Channels
             .
             For
             if
             they
             rise
             above
             these
             heights
             ,
             the
             one
             or
             the
             other
             ,
             they
             tear
             the
             Banks
             ,
             and
             overflow
             the
             fair
             Meads
             equally
             on
             one
             side
             and
             other
             .
             And
             therefore
             I
             do
             ,
             and
             did
             allow
             ,
             and
             ever
             shall
             ,
             for
             my
             part
             ,
             desire
             they
             may
             be
             kept
             at
             that
             Agreement
             and
             perfect
             Harmony
             one
             with
             another
             ,
             that
             they
             may
             each
             watch
             for
             ,
             and
             not
             any
             way
             watch
             over
             the
             other
             .
             And
             therefore
             this
             being
             a
             Care
             of
             the
             Prerogative
             ,
             as
             long
             as
             it
             goes
             not
             against
             the
             Common
             Law
             of
             the
             Land
             ,
             it
             is
             the
             Law
             of
             the
             Land
             ,
             and
             binds
             ,
             as
             long
             as
             it
             transgresses
             not
             the
             Fundamental
             Law
             of
             the
             Land
             ,
             being
             made
             provisionally
             for
             preventing
             of
             a
             Temporary
             Mischief
             ,
             before
             an
             Act
             of
             Parliament
             can
             give
             a
             Remedy
             .
          
           
             And
             this
             Condition
             must
             be
             implyed
             ,
             That
             it
             must
             be
             binding
             ,
             provided
             it
             be
             according
             to
             the
             Law
             of
             the
             Land.
             I
             instance
             in
             that
             Exception
             that
             King
             Iames
             would
             take
             ,
             when
             a
             man
             saies
             he
             will
             do
             a
             thing
             as
             far
             as
             he
             may
             with
             Conscience
             and
             Honour
             ;
             because
             in
             Persons
             of
             Conscience
             and
             Honour
             ,
             those
             words
             are
             always
             implied
             .
          
           
             That
             the
             Wisdom
             of
             our
             Ancestors
             hath
             prevented
             this
             Mischief
             ;
             That
             for
             a
             mis-word
             ,
             a
             Peer
             of
             England
             should
             lose
             his
             Priviledge
             ,
             being
             as
             great
             as
             any
             Subjects
             that
             live
             under
             a
             King
             ,
             that
             is
             not
             a
             free
             Prince
             of
             the
             Empire
             .
             And
             the
             Preamble
             of
             a
             Statute
             in
             Queen
             Elizabeths
             time
             ,
             the
             very
             bent
             whereof
             is
             to
             take
             away
             the
             dawning
             of
             words
             ,
             without
             any
             further
             Act
             ;
             which
             Preamble
             was
             read
             to
             their
             Lordships
             .
          
           
             And
             so
             I
             conclude
             ,
             the
             words
             were
             unwisely
             spoken
             ,
             because
             they
             may
             be
             brought
             to
             a
             hard
             sense
             ,
             but
             not
             Criminal
             ,
             for
             none
             of
             them
             swear
             any
             thing
             done
             in
             breach
             of
             the
             Law.
             
          
           
             I
             except
             against
             my
             Lord
             
             Kilmallock's
             swearing
             Sir
             
               George
               Ratcliffe
            
             to
             be
             my
             Eccho
             ,
             as
             if
             he
             knew
             my
             thoughts
             ;
             and
             against
             Mr.
             Hoy
             ,
             as
             a
             party
             concerned
             in
             Interest
             ,
             though
             not
             in
             name
             ,
             in
             a
             Suit
             that
             is
             or
             will
             be
             brought
             against
             me
             before
             your
             Lordships
             come
             to
             the
             end
             of
             the
             Charge
             .
          
           
             I
             confess
             Mr.
             
             Waldron's
             Testimony
             makes
             me
             stagger
             ,
             being
             the
             only
             person
             could
             make
             me
             believe
             I
             said
             the
             words
             .
          
           
             I
             except
             against
             Sir
             
               Pierce
               Crosbies
            
             Testimony
             ,
             having
             been
             formerly
             Sentenced
             in
             Star-Chamber
             ,
             and
             I
             know
             what
             Sir
             
               Pierce
               Crosby
            
             swore
             there
             ,
             and
             that
             I
             never
             Communed
             with
             him
             so
             far
             ,
             as
             to
             have
             such
             a
             Discourse
             ,
             as
             is
             mentioned
             ,
             in
             all
             my
             life
             .
          
           
             To
             the
             Suit
             in
             the
             Castle-Chamber
             against
             the
             Earl
             of
             Corke
             ,
             on
             pretence
             of
             breaking
             an
             Order
             of
             Council-Table
             .
             I
             conceive
             it
             had
             relation
             to
             an
             Order
             made
             in
             King
             Iames
             his
             time
             ,
             20.
             
             March
             ,
             11
             Iac.
             which
             I
             desire
             may
             be
             read
             ,
             (
             being
             now
             produced
             )
             as
             also
             the
             Information
             there
             exhibited
             ,
             that
             so
             I
             may
             justifie
             my
             Answer
             in
             that
             point
             of
             it
             ;
             That
             
             the
             Suit
             was
             not
             upon
             that
             Act
             alone
             ,
             but
             for
             other
             matters
             also
             ;
             but
             that
             was
             admitted
             by
             the
             Committee
             .
             And
             so
             the
             reading
             of
             them
             was
             waved
             .
          
           
             To
             that
             Point
             of
             Mr.
             
             Waldron's
             Testimony
             ,
             touching
             the
             offering
             of
             a
             Lease
             to
             the
             Person
             concerned
             ,
             rendring
             the
             half
             value
             :
             I
             conceive
             this
             Circumstance
             qualifies
             the
             words
             ,
             it
             being
             according
             to
             Law.
             
          
           
             To
             demonstrate
             which
             ,
             the
             Statue
             was
             read
             .
          
           
             That
             no
             Lease
             shall
             be
             granted
             ,
             upon
             which
             less
             is
             reserved
             to
             the
             Lessor
             (
             during
             21
             years
             )
             then
             the
             moiety
             of
             the
             Lands
             value
             .
          
           
             And
             so
             his
             Lordship
             concluded
             his
             Defence
             ,
             and
             the
             Manager
             made
             Reply
             in
             substance
             as
             followeth
             .
          
           
             That
             this
             Article
             proves
             my
             Lord
             of
             
             Strafford's
             Intention
             to
             subvert
             the
             
             Laws
             .
          
           
             That
             the
             long
             time
             spent
             in
             maintaining
             the
             Jurisdiction
             of
             the
             Council-Board
             ,
             is
             the
             least
             part
             of
             the
             Article
             .
          
           
             That
             though
             these
             words
             singly
             ,
             be
             admitted
             not
             to
             be
             Treason
             ,
             yet
             several
             words
             and
             actions
             must
             prove
             the
             general
             Charge
             ,
             of
             his
             endeavouring
             to
             subvert
             the
             Laws
             .
          
           
             To
             the
             several
             Provisoes
             in
             that
             Act
             of
             Parliament
             ,
             mentioned
             by
             my
             Lord
             of
             Strafford
             ,
             concerning
             words
             ,
             we
             observe
             ,
             That
             the
             words
             Charged
             are
             only
             matter
             of
             Evidence
             ,
             to
             his
             general
             Intention
             ,
             of
             subverting
             the
             Laws
             .
             And
             whereas
             he
             says
             they
             are
             not
             charged
             in
             time
             ,
             the
             Commons
             bring
             this
             as
             done
             long
             ago
             ,
             and
             continuing
             to
             this
             day
             ,
             if
             he
             were
             not
             prevented
             ;
             so
             they
             take
             him
             
               Flagrante
               Crimine
            
             .
          
           
             To
             the
             Practise
             of
             the
             Council-Table
             before
             his
             time
             ,
             his
             Witnesses
             have
             proved
             their
             proceedings
             in
             Cases
             of
             the
             Church
             and
             Plantations
             .
             But
             in
             other
             Cases
             we
             deny
             it
             ,
             for
             it
             is
             contrary
             to
             Law.
             
          
           
             That
             admitting
             the
             extent
             given
             by
             the
             Instructions
             to
             Church-Causes
             (
             though
             the
             Proclamation
             hath
             no
             such
             exception
             .
             )
             Yet
             it
             comes
             not
             to
             the
             Case
             of
             my
             Lord
             of
             Cork
             ,
             who
             claimed
             the
             thing
             in
             question
             as
             a
             Lay-Impropriation
             ;
             derived
             to
             the
             Crown
             ,
             by
             the
             Statute
             of
             Dissolution
             .
          
           
             That
             my
             Lord
             of
             Strafford
             makes
             this
             Government
             Arbitrary
             ,
             in
             threatening
             the
             Earl
             of
             Cork
             ,
             to
             lay
             him
             by
             the
             heels
             ,
             if
             he
             went
             to
             Law
             ,
             whereas
             the
             Order
             gave
             him
             liberty
             .
          
           
             That
             the
             Original
             Order
             in
             my
             Lord
             of
             
             Corke's
             Cause
             was
             drawn
             ,
             with
             these
             words
             put
             out
             ,
             concerning
             
             Gwyn's
             giving
             Security
             ,
             and
             that
             justifies
             my
             Lord
             of
             
             Cork's
             Testimony
             .
          
           
             That
             notwithstanding
             my
             Lord
             of
             
             Strafford's
             justification
             of
             his
             words
             ,
             That
             neither
             Law
             nor
             Lawyers
             should
             question
             his
             Orders
             .
             This
             is
             to
             assume
             an
             Arbitrary
             Power
             ;
             for
             if
             his
             Orders
             be
             legal
             ,
             the
             Law
             must
             justifie
             them
             ,
             if
             not
             ,
             question
             them
             .
          
           
             That
             the
             words
             ,
             Of
             making
             an
             Act
             of
             State
             equal
             to
             an
             Act
             of
             Parliament
             ,
             are
             proved
             by
             my
             Lord
             of
             Corke
             ;
             and
             those
             spoken
             are
             a
             confirmation
             of
             those
             before
             ,
             and
             expresly
             within
             the
             Article
             .
             The
             latter
             point
             thereof
             recites
             ,
             that
             he
             spake
             the
             words
             at
             other
             times
             .
          
           
             This
             altogether
             justifie
             my
             Lord
             of
             
             Corke's
             Testimony
             ,
             though
             a
             single
             Witness
             ,
             and
             prove
             that
             my
             Lord
             of
             Strafford
             hath
             made
             it
             a
             habit
             to
             speak
             such
             words
             .
          
           
             That
             they
             have
             one
             Witness
             more
             ,
             and
             that
             is
             my
             Lord
             of
             Strafford
             himself
             ,
             who
             says
             ,
             He
             never
             spake
             any
             thing
             but
             truth
             ;
             and
             said
             ,
             That
             he
             would
             make
             an
             Act
             of
             State
             equal
             to
             an
             Act
             of
             Parliament
             .
          
           
           
             We
             desire
             ,
             that
             for
             the
             taking
             off
             the
             Aspersion
             cast
             on
             Sir
             
               Pierce
               Crosby
            
             ,
             my
             Lord
             of
             Castlehaven
             may
             be
             examined
             ,
             touching
             the
             words
             alledged
             to
             be
             spoken
             in
             his
             presence
             .
          
           
             The
             Earl
             of
             Castlehaven
             being
             sworn
             and
             examined
             touching
             the
             said
             words
             ,
             
          
           
             Answered
             ,
             That
             it
             is
             a
             business
             past
             long
             ago
             ;
             and
             but
             a
             Table-discourse
             ,
             and
             he
             took
             not
             much
             notice
             of
             the
             Circumstances
             :
             But
             as
             he
             remembers
             ,
             there
             fell
             a
             difference
             between
             my
             Lord
             of
             Strafford
             ,
             and
             Sir
             
               Pierce
               Crosby
            
             ,
             within
             three
             or
             four
             months
             after
             my
             Lords
             coming
             over
             ;
             and
             that
             as
             well
             as
             he
             can
             remember
             ,
             my
             Lord
             of
             Strafford
             did
             say
             ,
             That
             an
             Act
             of
             State
             was
             equal
             to
             an
             Act
             of
             Parliament
             ;
             but
             he
             remembers
             not
             the
             occasion
             .
          
           
             That
             the
             Justice
             of
             the
             Order
             in
             my
             Lord
             of
             
             Corke's
             Cause
             ,
             is
             not
             material
             ,
             or
             whether
             within
             the
             Jurisdiction
             of
             the
             Council-Table
             ,
             the
             
             Charge
             being
             ,
             That
             upon
             such
             an
             Order
             made
             ,
             my
             Lord
             of
             Strafford
             threatned
             the
             Earl
             of
             Corke
             for
             Suing
             at
             Law.
             
          
           
             That
             the
             Justification
             brought
             by
             my
             Lord
             of
             Strafford
             ,
             is
             an
             Aggravation
             ,
             restraining
             Liberty
             to
             Sue
             at
             Law
             ,
             to
             a
             year
             ,
             else
             to
             be
             concluded
             for
             ever
             .
          
           
             Whereas
             my
             Lord
             of
             Strafford
             says
             ,
             he
             hath
             spoken
             unwisely
             ,
             but
             done
             nothing
             ;
             sure
             he
             that
             Threatens
             doth
             something
             ;
             and
             his
             Actions
             will
             appear
             in
             the
             next
             Articles
             .
          
           
             For
             the
             Priviledge
             of
             Peerage
             ,
             It
             were
             to
             be
             wished
             he
             had
             known
             ,
             or
             remembred
             it
             sooner
             ,
             in
             my
             Lord
             Mountnorris
             his
             Case
             .
          
           
             That
             though
             he
             says
             ,
             Acts
             of
             State
             are
             to
             be
             allowed
             for
             temporary
             provision
             ,
             till
             an
             Act
             of
             Parliament
             ,
             yet
             when
             things
             are
             propounded
             ,
             and
             rejected
             in
             Parliament
             ,
             shall
             he
             supply
             it
             by
             an
             Act
             of
             State.
             
          
           
             We
             desire
             to
             examine
             one
             Witness
             more
             .
          
           
             The
             Earl
             of
             Strafford
             excepting
             against
             it
             ,
             as
             not
             regular
             ,
             the
             Lords
             Adjourned
             to
             their
             House
             ,
             to
             take
             consideration
             of
             it
             .
          
           
             And
             a
             little
             after
             ,
             returning
             ,
             the
             Lord
             Steward
             declared
             their
             Lordships
             
             Resolution
             ,
             That
             the
             Witness
             might
             be
             examined
             ;
             The
             matter
             in
             question
             ,
             arising
             from
             what
             was
             offered
             from
             the
             Earl
             of
             Straffords
             Defence
             .
          
           
             
               Roger
               Lotts
            
             Sworn
             ,
             and
             examined
             ,
             what
             words
             my
             Lord
             of
             Strafford
             
             gave
             out
             ,
             when
             an
             Act
             for
             Powder
             would
             not
             pass
             in
             the
             Commons
             House
             ;
             and
             what
             Act
             of
             State
             was
             thereupon
             made
             .
          
           
             He
             Answered
             ,
             That
             he
             had
             the
             Honour
             to
             be
             one
             of
             the
             Members
             of
             that
             Parliament
             that
             began
             1634.
             and
             ended
             April
             1635.
             
          
           
             That
             at
             the
             Close
             of
             that
             Parliament
             ,
             my
             Lord
             of
             Strafford
             then
             Lord
             Deputy
             ,
             told
             the
             House
             of
             Commons
             ,
             then
             sent
             for
             up
             ,
             That
             they
             had
             Voted
             against
             some
             Bills
             in
             the
             lower
             House
             ,
             amongst
             the
             rest
             ,
             that
             of
             Gun-powder
             ;
             where
             it
             was
             made
             Felony
             for
             any
             man
             to
             buy
             ,
             or
             have
             any
             ,
             unless
             he
             got
             a
             License
             first
             for
             it
             :
             That
             my
             Lord
             afterwards
             told
             them
             ,
             That
             notwithstanding
             they
             had
             Voted
             against
             it
             ,
             yet
             he
             would
             make
             that
             ,
             and
             some
             other
             Bills
             they
             had
             Voted
             against
             ,
             Acts
             of
             State
             ,
             that
             should
             be
             as
             good
             ;
             and
             said
             ,
             he
             heard
             it
             was
             done
             afterwards
             ,
             but
             he
             doth
             not
             know
             that
             .
          
           
           
             This
             Witness
             is
             something
             of
             Justification
             of
             my
             Lord
             of
             
             Corke's
             Testimony
             ;
             against
             which
             ,
             my
             Lord
             of
             Strafford
             hath
             made
             some
             Exception
             .
             
          
           
             And
             the
             Lord
             Digby
             added
             something
             for
             the
             Justification
             of
             my
             Lord
             of
             Killmallocks
             Testimony
             ;
             against
             which
             ,
             my
             Lord
             of
             Strafford
             had
             likewise
             excepted
             .
          
           
             And
             so
             the
             Reply
             was
             concluded
             .
          
           
             To
             the
             Deposition
             of
             
               Roger
               Lotts
            
             ,
             my
             Lord
             of
             Strafford
             Answered
             ,
          
           
             I
             had
             received
             direction
             concerning
             Powder
             ;
             it
             being
             not
             conceived
             fit
             ,
             
             for
             Reasons
             of
             State
             ,
             to
             buy
             ,
             and
             have
             Powder
             at
             pleasure
             ,
             or
             that
             that
             Commodity
             should
             be
             so
             frequently
             brought
             into
             the
             Kingdom
             ,
             and
             committed
             to
             unsafe
             hands
             ;
             so
             in
             that
             point
             ,
             I
             did
             but
             what
             I
             was
             commanded
             out
             of
             many
             Reasons
             ;
             which
             I
             desire
             I
             may
             forbear
             to
             express
             ,
             it
             not
             conducing
             to
             my
             Acquittal
             or
             Condemnation
             .
          
           
             And
             so
             the
             Lords
             Adjourned
             .
          
        
         
           
           
             The
             Sixth
             day
             .
          
           
             Saturday
             ,
             March
             27.
             1641.
             
          
           
           
             THE
             Fifth
             Article
             .
             
               The
               Charge
            
             .
          
           
             That
             according
             to
             such
             his
             Declarations
             and
             Spéeches
             ,
             the
             said
             Earl
             of
             Strafford
             did
             use
             and
             exercise
             a
             Power
             above
             ,
             and
             against
             ,
             and
             
             to
             the
             Subversion
             of
             the
             said
             Fundamental
             Laws
             ,
             and
             Established
             Government
             of
             the
             said
             Realm
             of
             Ireland
             ,
             extending
             such
             his
             Power
             ,
             to
             the
             Goods
             ,
             Freé-holds
             ,
             Inheritances
             ,
             Liberties
             ,
             and
             Lives
             of
             his
             Majesties
             Subjects
             of
             the
             said
             Realm
             ;
             and
             namely
             ,
             the
             said
             Earl
             of
             Strafford
             ,
             the
             Twelfth
             day
             of
             
               December
               ,
               Anno
               Domini
            
             1635.
             in
             the
             time
             of
             full
             Peace
             ,
             did
             in
             the
             said
             Realm
             of
             Ireland
             ,
             give
             ,
             and
             procure
             to
             be
             given
             ,
             against
             the
             Lord
             Mountnorris
             (
             then
             ,
             and
             yet
             a
             Peér
             of
             the
             said
             Realm
             of
             Ireland
             ,
             and
             then
             Uice-Treasurer
             ,
             and
             Receiver-general
             of
             the
             Realm
             of
             Ireland
             ,
             and
             Treasurer
             at
             War
             ,
             and
             one
             of
             the
             Principal
             Secretaries
             of
             State
             ,
             and
             Kéeper
             of
             the
             Privy
             Signet
             of
             the
             said
             Kingdom
             )
             a
             Sentence
             of
             death
             by
             a
             Council
             of
             War
             ,
             called
             together
             by
             the
             said
             Earl
             of
             Strafford
             ,
             without
             any
             Warrant
             ,
             or
             Authority
             of
             Law
             ,
             or
             Offence
             deserving
             any
             such
             punishment
             .
             And
             he
             the
             said
             Earl
             ,
             did
             also
             at
             Dublin
             ,
             within
             the
             said
             Realm
             of
             Ireland
             ,
             in
             the
             month
             of
             March
             ,
             in
             the
             Fourtéenth
             year
             of
             his
             Majesties
             Reign
             ,
             without
             any
             Legal
             or
             due
             Procéedings
             ,
             or
             Trial
             ,
             give
             ,
             and
             cause
             to
             be
             given
             ,
             a
             Sentence
             of
             Death
             against
             one
             other
             of
             his
             Majesties
             Subjects
             ,
             whose
             name
             is
             yet
             unknown
             ;
             and
             caused
             him
             to
             be
             put
             to
             Death
             in
             Execution
             of
             the
             same
             Sentence
             .
          
           
             THe
             Manager
             began
             to
             open
             this
             Article
             ,
             shewing
             ,
             That
             though
             my
             Lord
             of
             Strafford
             insisted
             on
             it
             ,
             That
             whatever
             his
             words
             
             were
             ,
             his
             Actions
             were
             not
             against
             Law.
             This
             Article
             comes
             properly
             to
             reply
             to
             that
             Answer
             ,
             It
             charging
             him
             with
             exercising
             of
             a
             Tyrannical
             Power
             over
             the
             Person
             of
             a
             Peer
             of
             that
             Realm
             .
          
           
           
             And
             first
             ,
             It
             was
             desired
             that
             the
             Sentence
             of
             Death
             against
             my
             Lord
             Mountnorris
             ,
             might
             be
             read
             ,
             which
             was
             attested
             on
             Oath
             ,
             to
             be
             that
             which
             was
             delivered
             by
             Mr.
             Secretary
             Windebanck
             ,
             upon
             the
             Commons
             humble
             Suit
             to
             His
             Majesty
             ,
             for
             His
             leave
             ,
             to
             have
             a
             Copy
             thereof
             ,
             That
             the
             Papers
             concerning
             my
             Lord
             Mountnorris
             ,
             might
             be
             delivered
             into
             the
             House
             ,
             occasioned
             upon
             my
             Lord
             Mountnorris
             his
             Petition
             to
             the
             House
             in
             that
             behalf
             .
          
           
             
               
                 
                   
                     The
                     Sentence
                     was
                     read
                     .
                  
                   
                     Reciting
                     first
                     ,
                     His
                     Majesties
                     Letter
                     ,
                     Iuly
                     21.
                     then
                     last
                     ,
                     wherein
                     notice
                     is
                     taken
                     of
                     the
                     Respect
                     due
                     to
                     the
                     Deputy
                     and
                     General
                     of
                     His
                     Majesties
                     Army
                     ;
                     and
                     of
                     the
                     Carriage
                     of
                     my
                     Lord
                     Mountnorris
                     ,
                     holding
                     a
                     Captains
                     place
                     in
                     the
                     Army
                     ;
                     in
                     uttering
                     Speeches
                     ,
                     inciting
                     a
                     Revenge
                     on
                     the
                     Earl
                     of
                     Strafford
                     ,
                     Lord
                     Deputy
                     ,
                     and
                     Lord
                     General
                     ;
                     and
                     Command
                     thereby
                     given
                     ,
                     on
                     receipt
                     thereof
                     ,
                     to
                     call
                     a
                     Councel
                     of
                     War
                     ;
                     and
                     that
                     the
                     Lord
                     Mountnorris
                     should
                     undergo
                     such
                     censure
                     ,
                     as
                     the
                     said
                     Councel
                     of
                     War
                     should
                     impose
                     ,
                     for
                     the
                     Lord
                     Deputies
                     full
                     reparation
                     .
                  
                   
                     Secondly
                     ,
                     That
                     a
                     Councel
                     of
                     War
                     was
                     accordingly
                     called
                     ;
                     the
                     words
                     are
                     also
                     set
                     forth
                     ,
                     and
                     the
                     occasion
                     ,
                     as
                     followeth
                     ,
                     That
                     within
                     three
                     or
                     or
                     four
                     days
                     after
                     the
                     Lord
                     Deputy
                     had
                     Dissolved
                     the
                     Parliament
                     ,
                     his
                     Lordship
                     sitting
                     in
                     the
                     Presence
                     Chamber
                     ,
                     one
                     of
                     his
                     Servants
                     ,
                     in
                     moving
                     a
                     Stool
                     ,
                     happened
                     to
                     hurt
                     the
                     Lord
                     Deputies
                     Foot
                     ,
                     then
                     indisposed
                     ,
                     through
                     an
                     accession
                     of
                     the
                     Gout
                     ,
                     which
                     being
                     spoken
                     of
                     at
                     the
                     Lord
                     Chancellors
                     Table
                     ,
                     one
                     said
                     to
                     the
                     Lord
                     Mountnorris
                     ,
                     being
                     there
                     present
                     ,
                     it
                     was
                     Your
                     Lordships
                     Kinsman
                     ,
                     who
                     is
                     one
                     of
                     the
                     Lord
                     Deputies
                     Gentlemen
                     Ushers
                     ,
                     that
                     did
                     it
                     .
                  
                   
                     Whereupon
                     ,
                     the
                     Lord
                     Mountnorris
                     publickly
                     ,
                     and
                     in
                     a
                     scornful
                     and
                     contemptuous
                     manner
                     ,
                     answered
                     ,
                     
                       Perhaps
                       it
                       was
                       done
                       in
                       Revenge
                       of
                       that
                       publick
                       Affront
                       that
                       my
                       Lord
                       Deputy
                       did
                       me
                       formerly
                       .
                    
                     But
                     I
                     have
                     a
                     Brother
                     that
                     would
                     not
                     have
                     taken
                     such
                     a
                     Revenge
                     .
                  
                   
                     Thirdly
                     ,
                     The
                     Sentence
                     likewise
                     sets
                     forth
                     ,
                     That
                     the
                     Lord
                     Mountnorris
                     would
                     not
                     Answer
                     the
                     said
                     Charge
                     negatively
                     or
                     affirmatively
                     ,
                     though
                     required
                     by
                     the
                     Councel
                     of
                     War.
                     
                  
                   
                     Fourthly
                     ,
                     That
                     thereupon
                     ,
                     the
                     Witnesses
                     ,
                     for
                     proof
                     thereof
                     ,
                     were
                     called
                     ,
                     viz.
                     Viscount
                     Moore
                     ,
                     and
                     Sir
                     
                       Robert
                       Loftus
                    
                     ,
                     who
                     upon
                     Oath
                     deposed
                     the
                     same
                     words
                     ,
                     to
                     be
                     so
                     then
                     ,
                     and
                     there
                     spoken
                     ;
                     and
                     the
                     Lord
                     Mountnorris
                     at
                     last
                     ,
                     submitted
                     himself
                     to
                     the
                     Councel
                     ,
                     protesting
                     ,
                     that
                     whatsoever
                     interpretation
                     might
                     be
                     put
                     upon
                     his
                     words
                     ,
                     he
                     intended
                     no
                     hurt
                     to
                     the
                     person
                     of
                     his
                     said
                     Lordship
                     ;
                     and
                     affirmed
                     ,
                     That
                     he
                     would
                     dye
                     before
                     he
                     would
                     give
                     the
                     Deputy
                     and
                     General
                     occasion
                     to
                     give
                     him
                     such
                     a
                     Rebuke
                     .
                  
                   
                     Fifthly
                     ,
                     That
                     for
                     the
                     nature
                     of
                     the
                     offence
                     ,
                     It
                     was
                     conceived
                     to
                     contain
                     a
                     Calumny
                     to
                     the
                     Lord
                     Deputy
                     and
                     General
                     ,
                     insinuating
                     the
                     affront
                     pretended
                     ,
                     in
                     these
                     words
                     of
                     my
                     Lord
                     
                     Mountnorris's
                     ,
                     to
                     be
                     given
                     to
                     the
                     said
                     Kinsman
                     ,
                     and
                     an
                     Incitement
                     to
                     Revenge
                     ;
                     and
                     that
                     if
                     the
                     words
                     had
                     been
                     spoken
                     of
                     the
                     Person
                     of
                     the
                     King
                     ,
                     it
                     had
                     amounted
                     to
                     High
                     Treason
                     ;
                     which
                     by
                     some
                     rules
                     of
                     Proportion
                     ,
                     might
                     be
                     applyed
                     to
                     His
                     Deputy
                     .
                  
                   
                     Sixthly
                     ,
                     That
                     the
                     words
                     were
                     spoken
                     when
                     the
                     Lord
                     Deputy
                     had
                     the
                     Honour
                     to
                     be
                     Apparelled
                     with
                     his
                     own
                     Robes
                     of
                     Majesty
                     and
                     Soveraignty
                     ;
                     when
                     part
                     of
                     the
                     Army
                     was
                     in
                     motion
                     ,
                     and
                     the
                     Lord
                     Deputy
                     and
                     General
                     present
                     .
                  
                   
                   
                     Seventhly
                     ,
                     That
                     the
                     words
                     were
                     adjudged
                     an
                     apparent
                     breach
                     of
                     the
                     21st
                     Article
                     of
                     the
                     Printed
                     Orders
                     ,
                     and
                     Laws
                     for
                     War
                     ,
                     dated
                     the
                     13th
                     of
                     March
                     ,
                     1633.
                     whereby
                     it
                     is
                     Ordered
                     ,
                     that
                     no
                     man
                     shall
                     give
                     any
                     disgraceful
                     words
                     of
                     any
                     person
                     in
                     the
                     Army
                     ,
                     upon
                     pain
                     of
                     Imprisonment
                     ,
                     publick
                     Disarming
                     ,
                     &c.
                     
                     And
                     also
                     of
                     the
                     13th
                     Article
                     ,
                     That
                     no
                     man-shall
                     offer
                     Violence
                     or
                     Contempt
                     to
                     his
                     Commander
                     ,
                     or
                     do
                     any
                     act
                     ,
                     or
                     speak
                     any
                     words
                     ,
                     to
                     breed
                     mutiny
                     in
                     the
                     Army
                     ,
                     or
                     Impeach
                     the
                     obeying
                     of
                     the
                     principal
                     Officer
                     ,
                     upon
                     pain
                     of
                     death
                     .
                  
                   
                     Eighthly
                     ,
                     That
                     according
                     to
                     the
                     said
                     Articles
                     ,
                     the
                     Counsel
                     do
                     unanimously
                     ,
                     with
                     one
                     joynt
                     consent
                     ,
                     (
                     not
                     one
                     of
                     us
                     of
                     another
                     Opinion
                     )
                     adjudge
                     the
                     said
                     Lord
                     Mountnorris
                     ,
                     for
                     his
                     high
                     and
                     great
                     Offence
                     ,
                     to
                     be
                     Imprisoned
                     ,
                     to
                     stand
                     from
                     henceforth
                     deprived
                     of
                     all
                     his
                     Places
                     ,
                     and
                     Entertainments
                     due
                     ,
                     which
                     he
                     holds
                     in
                     the
                     Army
                     .
                     To
                     be
                     Disarmed
                     ,
                     to
                     be
                     banished
                     the
                     Army
                     ,
                     and
                     disabled
                     from
                     ever
                     bearing
                     Office.
                     And
                     lastly
                     ,
                     to
                     be
                     Shot
                     to
                     death
                     ,
                     or
                     lose
                     his
                     Head
                     at
                     the
                     pleasure
                     of
                     the
                     General
                     .
                  
                   
                     
                       Given
                       at
                       His
                       Majesties
                       Castle
                       at
                       Dublin
                       ,
                       December
                       12.
                       1635.
                       
                    
                     
                       Valentia
                       Cromwell
                       .
                    
                  
                
              
            
          
           
             This
             Sentence
             of
             Death
             against
             a
             Peer
             ,
             was
             pronounced
             by
             Martial
             Law
             ,
             
             against
             the
             fundamental
             Rules
             of
             Law
             ,
             without
             Trial
             ,
             Answer
             ,
             or
             Hearing
             ;
             That
             though
             my
             Lord
             of
             Strafford
             owns
             it
             not
             ,
             yet
             he
             made
             relation
             of
             the
             Injury
             to
             His
             Majesty
             :
             His
             Majesty
             did
             justly
             direct
             ,
             that
             my
             Lord
             of
             Strafford
             should
             have
             just
             reparation
             .
             That
             my
             Lord
             of
             Strafford
             produceth
             the
             Witnesses
             ,
             refused
             to
             let
             my
             Lord
             Mountnorris
             Answer
             ,
             though
             he
             demanded
             the
             benefit
             of
             the
             Law
             ;
             owns
             it
             in
             his
             own
             Person
             ,
             for
             he
             said
             ,
             (
             treading
             on
             our
             Foot
             )
             and
             an
             Injury
             done
             to
             us
             .
          
           
             And
             whereas
             some
             would
             have
             mitigated
             it
             ,
             and
             found
             him
             guilty
             of
             the
             first
             Article
             ,
             He
             himself
             pronounceth
             it
             ,
             both
             or
             none
             .
          
           
             The
             whole
             proceeding
             was
             but
             half
             an
             hour
             ;
             no
             notice
             was
             given
             before-hand
             ,
             and
             my
             Lord
             Mountnorris
             checked
             ,
             for
             desiring
             to
             cross-examine
             .
          
           
             My
             Lord
             Mountnorris
             produced
             as
             a
             Witness
             ;
             some
             Exceptions
             were
             taken
             against
             him
             by
             my
             Lord
             of
             Strafford
             ,
             but
             were
             over-ruled
             .
          
           
             His
             Lordship
             being
             Sworn
             ,
             and
             being
             directed
             to
             declare
             the
             whole
             
             truth
             in
             this
             business
             ,
             Answered
             as
             followeth
             :
          
           
             Upon
             the
             11th
             of
             December
             ,
             1635.
             
             I
             was
             warned
             by
             a
             Pursevant
             ,
             late
             at
             Evening
             ,
             to
             attend
             my
             Lord
             Deputy
             in
             the
             Council-Chamber
             ,
             at
             a
             Council
             of
             War
             next
             morning
             ,
             by
             Eight
             of
             the
             Clock
             .
          
           
             Coming
             thither
             accordingly
             ,
             I
             found
             many
             of
             the
             Council
             ,
             and
             Captains
             of
             the
             Army
             ;
             and
             having
             conferred
             with
             several
             of
             the
             chief
             of
             them
             ,
             and
             with
             my
             Lord
             
               Valentia
               Cromwell
            
             ,
             and
             others
             ,
             they
             said
             ,
             they
             knew
             not
             for
             what
             that
             Council
             of
             War
             was
             summoned
             ;
             after
             a
             whiles
             stay
             ,
             my
             Lord
             Deputy
             came
             into
             the
             Room
             ,
             and
             sat
             down
             at
             the
             Boards
             end
             ,
             and
             commanded
             the
             rest
             to
             sit
             down
             ;
             where
             my self
             ,
             that
             had
             the
             Honour
             to
             be
             His
             Majesties
             Vice-Treasurer
             ,
             by
             His
             Grace
             and
             Goodness
             ,
             sate
             in
             my
             place
             :
             After
             all
             were
             set
             ,
             my
             Lord
             Deputy
             exprest
             ,
             he
             had
             called
             that
             Court
             to
             do
             himself
             Right
             and
             Reparation
             against
             my
             Lord
             Mountnorris
             .
             At
             those
             words
             ,
             I
             rose
             up
             from
             my
             place
             ,
             and
             humbly
             
             presented
             my self
             at
             the
             Boards
             end
             ,
             as
             the
             manner
             is
             ,
             near
             his
             Lordship
             ;
             who
             making
             some
             Speech
             ,
             about
             words
             uttered
             by
             me
             shortly
             after
             the
             preceding
             Parliament
             ,
             which
             was
             April
             18.
             1635.
             and
             the
             words
             spoken
             within
             three
             or
             four
             days
             after
             ,
             took
             a
             Paper
             in
             his
             hand
             ,
             and
             out
             of
             that
             ,
             read
             the
             words
             wherewith
             he
             charged
             me
             ;
             to
             the
             effect
             ,
             I
             conceive
             ,
             as
             they
             are
             mentioned
             in
             the
             Sentence
             .
             After
             his
             Lordship
             had
             read
             them
             ,
             he
             demanded
             of
             me
             ,
             whether
             I
             would
             confess
             them
             ,
             or
             deny
             them
             .
             I
             did
             humbly
             desire
             ,
             I
             might
             have
             the
             Charge
             in
             writing
             ,
             that
             I
             might
             Answer
             it
             by
             advice
             of
             Learned
             Counsel
             ,
             the
             words
             being
             charged
             to
             be
             spoken
             long
             before
             ,
             and
             it
             was
             hard
             to
             Answer
             them
             suddenly
             .
             His
             Lordship
             Answered
             ,
             That
             was
             not
             the
             course
             of
             a
             Martial
             Court
             ,
             I
             must
             Answer
             directly
             .
             I
             did
             several
             times
             desire
             I
             might
             have
             the
             Charge
             in
             writing
             ;
             and
             my
             Lord
             of
             Strafford
             answered
             in
             the
             same
             kind
             ,
             That
             I
             must
             Answer
             ,
             whether
             I
             would
             confess
             ,
             or
             deny
             them
             .
          
           
             Two
             or
             Three
             of
             the
             Counsel
             of
             War
             spoke
             something
             also
             to
             that
             purpose
             ;
             as
             I
             remember
             ,
             the
             Lord
             Cromwell
             for
             one
             ,
             and
             Sir
             
               Ch.
               Coote
            
             ,
             and
             Sir
             
               Iohn
               Burlacy
            
             ;
             who
             intimated
             ,
             that
             the
             manner
             was
             ,
             I
             must
             confess
             them
             ,
             or
             deny
             them
             .
             Standing
             a
             while
             silent
             ,
             my
             Lord
             Deputy
             said
             ,
             He
             thought
             they
             must
             proceed
             against
             me
             as
             a
             Mute
             ;
             for
             he
             will
             not
             Answer
             ,
             and
             therefore
             they
             must
             take
             them
             for
             granted
             .
             I
             said
             over
             again
             what
             I
             had
             said
             before
             ,
             and
             desired
             I
             might
             have
             my
             Charge
             in
             writing
             ;
             and
             that
             I
             might
             have
             Advice
             of
             Counsel
             ,
             that
             I
             might
             be
             used
             as
             a
             Peer
             of
             the
             Realm
             ,
             and
             an
             Officer
             of
             the
             Crown
             ;
             and
             still
             his
             Lordship
             denied
             ,
             That
             must
             not
             be
             ,
             It
             was
             not
             the
             Order
             of
             a
             Martial
             Court.
             
          
           
             I
             replyed
             ,
             and
             told
             the
             Lord
             Deputy
             ,
             I
             had
             seen
             it
             otherwise
             in
             a
             Martial
             Court
             in
             England
             ,
             between
             my
             Lord
             Reas
             and
             Ramzie
             ,
             where
             the
             Cause
             was
             debated
             by
             the
             Advocates
             in
             writing
             .
             The
             Lord
             Deputy
             told
             me
             again
             ,
             That
             must
             not
             be
             ,
             I
             must
             Answer
             directly
             ;
             and
             hereupon
             ,
             the
             Lord
             Deputy
             caused
             His
             Majesties
             Letter
             ,
             dated
             the
             last
             of
             Iuly
             ,
             to
             be
             read
             ;
             and
             when
             that
             was
             read
             ,
             required
             me
             to
             make
             Answer
             :
             I
             confess
             ,
             I
             was
             amazed
             at
             hearing
             of
             this
             Letter
             ,
             and
             was
             much
             grieved
             ;
             and
             with
             Humility
             and
             Grief
             ,
             expressed
             on
             my
             Knees
             what
             Sorrow
             it
             had
             wrought
             on
             me
             ;
             and
             that
             I
             had
             never
             willingly
             Offended
             His
             Majesty
             ,
             or
             His
             Laws
             :
             And
             declared
             ,
             that
             I
             had
             been
             mis-represented
             to
             His
             Majesty
             ,
             and
             those
             Letters
             were
             got
             by
             mis-information
             ;
             and
             humbly
             desired
             a
             Copy
             of
             those
             Letters
             ,
             and
             the
             Charge
             ,
             that
             I
             might
             Answer
             by
             writing
             ;
             and
             that
             His
             Majesty
             might
             know
             my
             Answer
             before
             further
             Proceedings
             .
             His
             Lordship
             upon
             that
             ,
             rebuked
             me
             with
             worse
             Language
             than
             was
             fit
             to
             be
             used
             to
             a
             meaner
             man
             ,
             and
             not
             a
             Peer
             ,
             that
             desired
             but
             Law
             and
             Justice
             .
             The
             Lord
             Deputy
             told
             me
             ,
             I
             was
             not
             mis-represented
             to
             His
             Majesty
             ;
             for
             himself
             had
             represented
             me
             ,
             and
             that
             matter
             ,
             to
             His
             Majesty
             ;
             and
             he
             did
             not
             use
             to
             mis-represent
             any
             thing
             :
             And
             then
             directly
             required
             me
             ,
             whether
             I
             would
             confess
             them
             ,
             or
             deny
             them
             .
             If
             not
             ,
             he
             would
             prove
             them
             on
             Oath
             ;
             and
             thereupon
             my
             Lord
             Deputy
             called
             for
             my
             Lord
             Moore
             ,
             sitting
             at
             Board
             with
             him
             ,
             and
             required
             him
             to
             give
             his
             Testimony
             ;
             who
             had
             an
             Oath
             given
             him
             by
             the
             Lord
             Deputies
             command
             ,
             by
             the
             Clerk
             of
             the
             Council
             ;
             and
             referred
             himself
             to
             what
             he
             and
             Sir
             
               Robert
               Loftus
            
             had
             long
             before
             put
             under
             their
             hands
             :
             Thereupon
             the
             Lord
             Deputy
             gave
             that
             Paper
             to
             the
             Clerk
             of
             the
             Council
             to
             read
             ;
             which
             was
             the
             Paper
             the
             Lord
             Deputy
             held
             in
             his
             hand
             ,
             and
             out
             of
             which
             he
             had
             read
             the
             Charge
             :
             And
             that
             being
             shewed
             to
             my
             Lord
             Moore
             ,
             he
             said
             ,
             to
             his
             best
             remembrance
             those
             were
             the
             words
             spoken
             .
             Sir
             
               Robert
               Loftus
            
             was
             also
             called
             in
             ,
             and
             he
             being
             required
             to
             give
             his
             Testimony
             ,
             referred
             himself
             
             to
             that
             which
             he
             and
             my
             Lord
             Moore
             had
             put
             under
             their
             hands
             ;
             and
             being
             shewed
             him
             ,
             with
             his
             hand
             to
             it
             ,
             he
             affirmed
             it
             .
             Then
             my
             Lord
             Deputy
             asked
             me
             ,
             what
             I
             could
             now
             say
             ,
             since
             the
             words
             were
             proved
             to
             my
             face
             :
             I
             humbly
             told
             his
             Lordship
             ,
             and
             made
             solemn
             protestation
             ,
             and
             offered
             to
             take
             my
             Oath
             ,
             That
             I
             did
             never
             speak
             the
             words
             ,
             as
             I
             was
             able
             to
             prove
             by
             several
             Witnesses
             ;
             and
             desired
             ,
             That
             the
             Lord
             Chancellor
             (
             at
             whose
             Table
             they
             were
             spoken
             )
             and
             Judge
             Martial
             of
             the
             Kingdom
             ,
             then
             in
             Town
             ,
             might
             be
             summoned
             to
             give
             his
             Testimony
             for
             truth
             ,
             and
             Sir
             
               Adam
               Loftus
            
             his
             Son
             ,
             and
             near
             twenty
             others
             ;
             and
             desired
             they
             might
             be
             examined
             in
             the
             Cause
             ;
             and
             that
             I
             was
             well
             able
             to
             prove
             ,
             that
             the
             words
             charged
             to
             be
             spoken
             by
             me
             ,
             were
             not
             spoken
             by
             me
             ,
             but
             by
             others
             ,
             as
             to
             that
             part
             that
             concerns
             the
             Affront
             ;
             but
             his
             Lordship
             refused
             me
             to
             have
             any
             examined
             .
          
           
             Being
             asked
             ,
             whether
             all
             the
             Army
             was
             then
             on
             the
             march
             ,
             as
             my
             Lord
             of
             Strafford
             had
             said
             in
             his
             Answer
             .
             He
             Answered
             ,
          
           
             There
             was
             at
             that
             time
             three
             ,
             or
             four
             ,
             or
             five
             Companies
             ,
             I
             am
             not
             able
             to
             say
             how
             many
             .
          
           
             When
             my
             Witnesses
             were
             refused
             ,
             and
             I
             had
             made
             my
             protestation
             ,
             that
             I
             had
             not
             spoken
             them
             ,
             and
             was
             ready
             to
             prove
             it
             ,
             (
             my
             Lord
             Deputy
             Answered
             ,
             That
             he
             knew
             my
             Oathes
             and
             Protestations
             well
             enough
             )
             I
             took
             Exception
             to
             the
             Testimony
             of
             the
             Lord
             Moore
             ,
             and
             Sir
             
               Robert
               Loftus
            
             ,
             as
             I
             might
             in
             a
             Legal
             way
             .
             But
             my
             Lord
             Deputy
             rebuked
             me
             ,
             and
             spoke
             in
             commendation
             of
             them
             ;
             and
             bid
             my
             Lord
             Moore
             sit
             down
             now
             ,
             and
             be
             one
             of
             my
             Judges
             :
             And
             thereupon
             commanded
             me
             to
             withdraw
             ,
             which
             I
             did
             ,
             and
             went
             out
             into
             a
             Gallery
             by
             ,
             where
             I
             stayed
             about
             the
             space
             of
             half
             an
             hour
             ,
             I
             think
             not
             more
             ,
             I
             am
             sure
             not
             an
             hour
             ;
             and
             was
             then
             called
             in
             ,
             and
             at
             the
             beginning
             ,
             was
             required
             to
             Kneel
             as
             a
             Delinquent
             ;
             which
             I
             conceived
             I
             was
             not
             ,
             having
             endeavoured
             always
             to
             shew
             my self
             a
             faithful
             Officer
             .
          
           
             Then
             my
             Lord
             Deputy
             commanded
             Sir
             
               Charles
               Coote
            
             to
             pronounce
             the
             Sentence
             ,
             as
             Provost
             Martial
             of
             Connaught
             ;
             which
             he
             did
             briefly
             ,
             in
             effect
             as
             in
             the
             Sentence
             :
             And
             my
             Lord
             Deputy
             took
             occasion
             to
             make
             a
             Speech
             ,
             and
             told
             me
             invectively
             enough
             ,
             (
             amongst
             other
             things
             )
             there
             remained
             no
             more
             now
             ,
             if
             he
             pleased
             ,
             but
             to
             cause
             the
             Provost
             Martial
             to
             do
             Execution
             .
             But
             withall
             added
             ,
             That
             for
             matter
             of
             Life
             ,
             he
             would
             supplicate
             His
             Majesty
             .
             And
             I
             think
             he
             said
             ,
             he
             would
             rather
             lose
             his
             Hand
             ,
             than
             I
             should
             lose
             my
             Head
             ;
             which
             I
             took
             to
             be
             the
             highest
             scorn
             ,
             to
             compare
             his
             the
             Lord
             Deputies
             Hand
             ,
             with
             my
             Head
             :
             I
             said
             ,
             I
             never
             did
             ,
             and
             hoped
             I
             never
             should
             ,
             endanger
             my
             Head
             by
             Offending
             His
             Majesties
             Laws
             .
          
           
             I
             was
             hereupon
             commanded
             to
             be
             taken
             to
             Prison
             ,
             by
             the
             Constable
             of
             the
             Castle
             ,
             who
             took
             me
             thence
             away
             ;
             what
             past
             in
             the
             time
             of
             my
             absence
             ,
             I
             knew
             not
             ;
             but
             the
             Articles
             I
             was
             charged
             with
             breach
             of
             ,
             were
             not
             declared
             ,
             nor
             I
             urged
             to
             Answer
             ;
             if
             I
             had
             ,
             I
             could
             have
             Answered
             ,
             I
             knew
             of
             no
             such
             Articles
             ,
             nor
             ever
             saw
             them
             ,
             till
             Iune
             1636.
             published
             by
             his
             own
             Authority
             ;
             and
             made
             in
             time
             of
             War
             :
             And
             though
             made
             for
             regulating
             of
             the
             Army
             ,
             yet
             were
             never
             put
             in
             practice
             ;
             And
             on
             a
             Conference
             with
             some
             of
             the
             Council
             of
             War
             ,
             I
             was
             informed
             ,
             they
             differed
             in
             Opinion
             amongst
             themselves
             ;
             and
             some
             moved
             ,
             both
             the
             Articles
             might
             not
             be
             pressed
             ;
             And
             his
             Lordship
             Answered
             ,
             he
             would
             have
             both
             or
             none
             .
          
           
           
             Being
             asked
             on
             my
             Lord
             of
             Straffords
             motion
             ,
             how
             long
             after
             the
             Sentence
             given
             ,
             he
             remained
             a
             Prisoner
             in
             the
             Castle
             :
          
           
             I
             was
             Committed
             the
             12th
             ,
             and
             remained
             until
             the
             18th
             ,
             and
             was
             not
             
             released
             by
             any
             Favour
             of
             my
             Lord
             Deputy
             ,
             but
             on
             a
             Certificate
             of
             the
             Physitians
             ;
             and
             that
             not
             admitted
             but
             upon
             Oath
             ,
             That
             I
             was
             in
             peril
             of
             my
             Life
             ;
             and
             a
             Petition
             drawn
             by
             them
             that
             had
             more
             care
             of
             my
             Health
             than
             my self
             ,
             being
             so
             afflicted
             in
             body
             and
             mind
             ,
             with
             the
             high
             Injustice
             and
             Oppression
             I
             had
             ,
             that
             I
             was
             extreamly
             ill
             ;
             and
             was
             then
             remitted
             on
             Security
             ,
             given
             by
             the
             Chief
             Justice
             in
             2000
             l.
             Bond
             ,
             to
             be
             a
             Prisoner
             .
          
           
             Being
             asked
             on
             the
             Committees
             behalf
             ,
             whether
             he
             was
             not
             taken
             to
             Prison
             again
             ;
             and
             how
             long
             he
             continued
             in
             Prison
             for
             this
             Cause
             .
          
           
             I
             continued
             at
             my
             House
             ,
             and
             was
             very
             ill
             ;
             and
             after
             that
             several
             times
             ,
             was
             called
             to
             the
             Council-Table
             by
             my
             Lord
             Deputy
             ;
             and
             an
             Information
             
             exhibited
             in
             the
             Star-Chamber
             for
             pretended
             Crimes
             ,
             which
             I
             shall
             ever
             desire
             to
             Answer
             in
             any
             publick
             Legal
             Judicature
             ,
             rather
             than
             live
             .
          
           
             And
             I
             was
             imprisoned
             again
             the
             11th
             of
             April
             ;
             being
             sent
             for
             to
             my
             House
             ,
             and
             found
             with
             my
             Counsel
             about
             me
             ,
             preparing
             my
             Answer
             in
             the
             best
             manner
             I
             could
             ;
             and
             the
             Advice
             was
             ,
             I
             should
             demurr
             to
             that
             Information
             ,
             because
             I
             stood
             under
             the
             Sentence
             of
             death
             :
             I
             was
             carried
             by
             the
             Constable
             to
             the
             Castle
             ,
             and
             brought
             before
             my
             Lord
             Deputy
             ;
             and
             the
             said
             11th
             of
             April
             1636.
             was
             committed
             close
             Prisoner
             ;
             and
             there
             continued
             till
             the
             second
             of
             May
             :
             And
             I
             knew
             no
             other
             cause
             ,
             but
             that
             I
             had
             (
             as
             he
             said
             )
             neglected
             the
             Kings
             Grace
             ;
             and
             had
             sent
             my
             Wife
             into
             England
             ,
             and
             transgressed
             a
             Proclamation
             .
          
           
             To
             which
             I
             answered
             ,
             I
             had
             not
             transgressed
             it
             ;
             that
             my
             Wife
             was
             full
             of
             Grief
             at
             my
             Calamities
             :
             and
             I
             had
             sent
             her
             to
             save
             my
             Life
             .
          
           
             Then
             my
             Lord
             Deputy
             told
             me
             ,
             that
             I
             had
             refused
             the
             Kings
             Grace
             offered
             me
             ,
             in
             not
             accepting
             his
             Pardon
             ;
             which
             I
             thought
             not
             Legal
             for
             me
             to
             take
             :
             And
             thereupon
             Committed
             me
             .
          
           
             Being
             asked
             on
             the
             Lord
             Lieutenants
             motion
             ,
             whether
             the
             Council
             were
             not
             present
             ;
          
           
             He
             Answered
             ,
             Some
             of
             the
             Council
             were
             present
             ;
             but
             my
             Lord
             Committed
             
             me
             ,
             the
             Council
             not
             speaking
             a
             word
             .
          
           
             Being
             asked
             again
             about
             the
             time
             of
             his
             Commitment
             ;
          
           
             I
             was
             first
             Committed
             the
             12th
             of
             December
             ,
             let
             go
             the
             18th
             to
             my
             House
             ;
             Committed
             again
             the
             11th
             of
             April
             ,
             put
             out
             the
             second
             of
             May
             :
             I
             was
             then
             in
             great
             Extremity
             ,
             and
             admitted
             to
             my
             House
             again
             ;
             where
             I
             lay
             in
             a
             long
             continuing
             sickness
             ,
             and
             under
             the
             hands
             of
             Physitians
             :
             And
             the
             30th
             of
             Ianuary
             afterwards
             ,
             because
             I
             sued
             not
             out
             the
             Pardon
             ,
             was
             imprisoned
             again
             ,
             and
             there
             continued
             till
             March
             1637.
             
          
           
             The
             Lord
             Dillom
             was
             called
             ,
             and
             after
             some
             exception
             taken
             by
             my
             
             Lord
             of
             Strafford
             ,
             to
             the
             examining
             of
             him
             ,
             because
             he
             might
             speak
             things
             that
             amount
             to
             an
             Accusation
             of
             himself
             ,
             the
             same
             was
             over-ruled
             ;
             the
             Committee
             for
             the
             Commons
             declaring
             ,
             that
             they
             would
             make
             no
             use
             against
             him
             ,
             of
             any
             thing
             he
             should
             speak
             concerning
             himself
             .
             His
             Lordship
             was
             thereupon
             Sworn
             ,
             and
             asked
             what
             my
             Lord
             of
             Straffords
             carriage
             was
             at
             the
             said
             Sentence
             ,
             not
             accusing
             himself
             :
          
           
             He
             Answered
             ,
             That
             he
             was
             present
             at
             the
             Council
             ,
             on
             Summons
             to
             be
             there
             ;
             and
             the
             Council
             being
             set
             ,
             as
             a
             Council
             of
             War
             ,
             my
             Lord
             of
             Strafford
             did
             shew
             what
             they
             were
             called
             for
             ;
             and
             did
             set
             forth
             some
             Injuries
             he
             conceived
             done
             him
             by
             my
             Lord
             Mountnorris
             .
          
           
           
             Upon
             that
             my
             Lord
             Mountnorris
             was
             spoken
             to
             ,
             and
             much
             interlocution
             there
             was
             ,
             before
             he
             would
             say
             he
             did
             speak
             the
             words
             ,
             or
             deny
             them
             ;
             and
             after
             much
             debate
             to
             and
             fro
             ,
             the
             Witnesses
             were
             called
             in
             ,
             my
             Lord
             Moore
             ,
             and
             Sir
             
               Robert
               Loftus
            
             ;
             and
             they
             did
             testifie
             the
             words
             in
             the
             Charge
             ,
             upon
             Oath
             ;
             much
             debate
             there
             was
             ;
             to
             call
             every
             particular
             to
             remembrance
             he
             cannot
             at
             this
             present
             ,
             but
             as
             near
             as
             he
             can
             he
             will
             ,
             that
             was
             before
             my
             Lord
             Mountnorris
             withdrew
             ;
             and
             after
             his
             withdrawing
             ,
             and
             some
             Speeches
             to
             the
             Council
             of
             War
             ,
             they
             came
             to
             Voting
             ;
             and
             in
             the
             Voting
             ,
             there
             was
             never
             a
             man
             ,
             to
             his
             remembrance
             ,
             in
             giving
             his
             Vote
             on
             both
             Articles
             ,
             but
             did
             profess
             he
             gave
             it
             in
             a
             confidence
             ,
             that
             there
             should
             be
             Mercy
             extended
             to
             my
             Lord
             Mountnorris
             ;
             and
             with
             an
             Intercession
             ,
             that
             he
             might
             find
             Mercy
             from
             His
             Majesty
             :
             And
             when
             the
             Votes
             were
             all
             past
             ,
             my
             Lord
             of
             Strafford
             stretched
             forth
             his
             right
             Arm
             ,
             and
             protested
             he
             had
             rather
             have
             his
             Arm
             cut
             off
             ,
             or
             lose
             his
             right
             Arm
             ,
             than
             my
             Lord
             Mountnorris
             should
             lose
             a
             hair
             of
             his
             Head
             ,
             or
             a
             drop
             of
             his
             Blood
             ,
             for
             that
             cause
             ;
             and
             that
             he
             would
             write
             to
             His
             Majesty
             ,
             to
             supplicate
             Him
             for
             Mercy
             .
          
           
             Being
             asked
             on
             the
             Committees
             motion
             ,
             whether
             my
             Lord
             of
             Strafford
             did
             not
             publish
             ,
             he
             had
             acquainted
             His
             Majesty
             with
             it
             ,
             and
             they
             were
             called
             together
             to
             give
             Reparation
             of
             some
             Injuries
             done
             to
             himself
             .
          
           
             He
             Answered
             ,
             My
             Lord
             made
             a
             long
             Speech
             at
             that
             time
             ,
             setting
             forth
             the
             Charge
             ,
             and
             making
             mention
             of
             His
             Majesties
             Letter
             ,
             and
             His
             Majesties
             Letter
             was
             read
             ;
             and
             he
             did
             understand
             by
             my
             Lord
             Deputy
             ,
             it
             was
             to
             give
             Reparation
             ;
             but
             the
             particular
             words
             ,
             on
             his
             Oath
             he
             doth
             not
             remember
             .
          
           
             Being
             asked
             ,
             whether
             (
             some
             of
             the
             Council
             moving
             they
             might
             proceed
             on
             the
             Article
             that
             did
             not
             extend
             to
             Life
             )
             my
             Lord
             of
             Strafford
             did
             not
             reply
             ,
             Nay
             both
             .
          
           
             He
             Answered
             ,
             That
             he
             remembers
             very
             well
             it
             was
             proposed
             to
             the
             Council
             of
             War
             ,
             that
             they
             were
             to
             judge
             on
             both
             Articles
             .
          
           
             And
             being
             asked
             by
             whom
             :
          
           
             He
             said
             ,
             he
             will
             Ingeniously
             answer
             ,
             he
             believes
             my
             Lord
             of
             Strafford
             did
             ;
             but
             specially
             to
             say
             ,
             who
             ,
             or
             in
             what
             manner
             ,
             he
             cannot
             .
          
           
             Being
             asked
             ,
             whether
             the
             Evidence
             given
             against
             my
             Lord
             Mountnorris
             ,
             was
             not
             written
             in
             a
             Paper
             ,
             drawn
             out
             by
             my
             Lord
             of
             Strafford
             ;
             and
             that
             the
             Witnesses
             referred
             to
             that
             wholly
             :
          
           
             He
             Answered
             ,
             He
             did
             see
             a
             piece
             of
             Paper
             in
             my
             Lord
             of
             Straffords
             hand
             ;
             and
             believes
             it
             was
             some
             note
             for
             his
             remembrance
             ,
             what
             it
             was
             ,
             he
             knows
             not
             ;
             and
             when
             the
             Witnesses
             were
             brought
             in
             ,
             there
             was
             a
             paper
             to
             which
             they
             had
             set
             their
             hands
             of
             the
             words
             spoken
             .
          
           
             Being
             asked
             other
             questions
             successively
             ,
             touching
             the
             pressing
             of
             the
             Councels
             proceedings
             on
             the
             Article
             only
             ,
             that
             touched
             not
             death
             ;
             and
             whether
             my
             Lord
             of
             Strafford
             wished
             them
             to
             proceed
             on
             both
             :
          
           
             He
             Answered
             ,
             He
             remembers
             it
             not
             so
             prest
             on
             that
             occasion
             ;
             nor
             doth
             he
             remember
             whether
             such
             a
             Provision
             was
             made
             ,
             That
             the
             Proceedings
             should
             be
             on
             the
             Article
             that
             touched
             not
             Life
             .
          
           
             Being
             asked
             ,
             whether
             any
             beside
             my
             Lord
             of
             Strafford
             moved
             ,
             they
             might
             proceed
             on
             both
             Articles
             .
          
           
             He
             Answered
             ,
             He
             remembers
             in
             the
             debate
             ,
             the
             manner
             of
             proceeding
             was
             spoken
             of
             ;
             and
             to
             his
             best
             remembrance
             ,
             by
             the
             Discipline
             and
             Rule
             of
             the
             Army
             ,
             it
             was
             said
             ,
             he
             was
             to
             be
             proceeded
             against
             on
             both
             .
          
           
             Being
             asked
             on
             my
             Lord
             of
             Straffords
             motion
             ,
             whether
             the
             Earl
             of
             Strafford
             did
             not
             in
             plain
             and
             direct
             terms
             say
             ,
             He
             would
             not
             be
             a
             Judge
             in
             that
             Cause
             ,
             nor
             give
             a
             Vote
             by
             any
             means
             :
          
           
           
             He
             Answered
             ,
             He
             remembers
             he
             gave
             no
             Vote
             ,
             and
             being
             more
             than
             five
             years
             since
             ,
             the
             special
             words
             he
             doth
             not
             remember
             ;
             but
             in
             general
             ,
             after
             he
             had
             set
             forth
             the
             Injuries
             done
             to
             himself
             ,
             he
             profest
             ,
             he
             would
             give
             no
             Vote
             ,
             but
             left
             it
             to
             the
             Council
             .
          
           
             Being
             asked
             on
             the
             Lord
             of
             Straffords
             motion
             ,
             whether
             he
             did
             not
             desire
             the
             Council
             of
             War
             ,
             but
             to
             proceed
             as
             to
             any
             other
             Officer
             in
             the
             Army
             ;
             and
             what
             Sentence
             they
             should
             give
             ,
             he
             would
             not
             take
             ill
             .
          
           
             He
             Answered
             ,
             When
             my
             Lord
             Mountnorris
             was
             withdrawn
             he
             spake
             not
             a
             word
             ,
             but
             did
             when
             he
             came
             in
             again
             :
             He
             doth
             not
             remember
             the
             words
             .
          
           
             Being
             asked
             whether
             the
             Army
             was
             not
             a
             great
             part
             of
             it
             in
             Dublin
             ,
             and
             in
             motion
             ,
             and
             daily
             exercised
             ,
             when
             the
             words
             were
             spoken
             by
             my
             Lord
             Mountnorris
             .
          
           
             He
             Answered
             ,
             He
             cannot
             tell
             precisely
             whether
             the
             most
             part
             was
             there
             ;
             but
             there
             was
             a
             part
             of
             the
             Army
             there
             ,
             and
             they
             did
             exercise
             .
          
           
             Being
             asked
             on
             the
             motion
             of
             the
             Committee
             ,
             whether
             the
             Sentence
             he
             approved
             so
             well
             of
             ,
             he
             thanked
             them
             for
             it
             .
          
           
             He
             Answered
             ,
             That
             he
             doth
             not
             remember
             any
             special
             words
             ;
             but
             he
             thinks
             ,
             in
             Civility
             he
             would
             do
             it
             .
          
           
             Being
             further
             asked
             ,
             whether
             ,
             after
             my
             Lord
             Mountnorris
             was
             withdrawn
             ,
             my
             Lord
             of
             Strafford
             did
             not
             continue
             in
             his
             place
             ,
             and
             sit
             at
             the
             Table
             end
             amongst
             the
             Council
             .
          
           
             He
             Answered
             ,
             I
             do
             really
             believe
             he
             did
             so
             .
          
           
             The
             Lord
             Strafford
             confessed
             he
             did
             ,
             when
             the
             Votes
             were
             delivered
             ;
             but
             desired
             the
             Lord
             Dillom
             might
             be
             asked
             ,
             whether
             he
             sate
             only
             as
             a
             party
             ,
             not
             as
             a
             Judge
             ;
             and
             sate
             bare
             through
             the
             whole
             proceeding
             of
             the
             Cause
             .
          
           
             He
             Answered
             ,
             He
             doth
             not
             remember
             it
             particularly
             ,
             whether
             he
             sate
             bare
             all
             the
             while
             ;
             for
             it
             is
             long
             ago
             ,
             and
             he
             did
             not
             heed
             it
             .
          
           
             The
             Lord
             Ranulagh
             being
             asked
             ,
             whether
             he
             was
             present
             at
             the
             Lord
             Mountnorris
             his
             Sentence
             ;
             and
             whether
             my
             Lord
             Strafford
             declared
             ,
             they
             
             were
             called
             together
             to
             give
             satisfaction
             for
             Injuries
             done
             him
             by
             my
             Lord
             Mountnorris
             .
          
           
             He
             Answered
             ,
             That
             in
             this
             particular
             my
             Lord
             of
             Strafford
             was
             Nobly
             pleased
             to
             mention
             his
             tenderness
             of
             my
             Lord
             Dillom
             ,
             least
             he
             should
             be
             his
             own
             accuser
             ,
             He
             was
             pleased
             to
             mention
             something
             the
             other
             day
             ,
             wherein
             he
             had
             tenderness
             of
             him
             ;
             That
             he
             shall
             be
             as
             little
             fearful
             to
             speak
             the
             truth
             in
             this
             Cause
             ,
             as
             in
             that
             ,
             having
             been
             required
             by
             their
             Lordships
             ;
             as
             presuming
             he
             hath
             done
             nothing
             but
             what
             he
             may
             justifie
             ;
             That
             for
             that
             particular
             question
             ,
             he
             hath
             been
             heretofore
             examined
             in
             some
             particulars
             of
             it
             ;
             and
             shall
             now
             ,
             with
             the
             best
             of
             his
             memory
             repeat
             ,
             and
             offer
             to
             their
             Lordships
             ,
             according
             to
             his
             weakness
             ,
             every
             passage
             in
             it
             .
          
           
             That
             he
             was
             summoned
             to
             appear
             in
             the
             Council-Chamber
             ;
             and
             ,
             as
             he
             takes
             it
             ,
             it
             was
             December
             12.
             1635.
             
             That
             being
             there
             ,
             my
             Lord
             sate
             in
             a
             Council
             of
             War
             ,
             and
             he
             (
             amongst
             others
             )
             having
             the
             Honour
             to
             wait
             on
             him
             ,
             my
             Lord
             
             Mountnorris's
             name
             being
             mentioned
             after
             he
             was
             set
             at
             the
             Board
             ,
             arose
             ,
             and
             stood
             as
             near
             my
             Lord
             Deputies
             Person
             ,
             as
             was
             fit
             for
             him
             ,
             towards
             the
             upper
             end
             of
             the
             Table
             :
             And
             there
             stood
             charged
             with
             several
             dis-respectful
             words
             spoken
             by
             him
             ;
             and
             the
             words
             mentioned
             in
             the
             Censure
             that
             was
             read
             ,
             were
             the
             words
             ;
             That
             he
             was
             charged
             to
             
             have
             spoken
             those
             words
             in
             breach
             of
             certain
             Articles
             ,
             by
             which
             the
             Army
             of
             Ireland
             was
             Governed
             ,
             the
             13th
             and
             the
             41st
             ,
             That
             there
             was
             much
             interlocution
             from
             my
             Lord
             Deputy
             to
             my
             Lord
             Mountnorris
             ,
             and
             returned
             from
             my
             Lord
             Mountnorris
             to
             my
             Lord
             ;
             the
             substance
             was
             ,
             That
             he
             was
             ready
             to
             give
             his
             Charge
             ,
             That
             he
             had
             violated
             those
             Articles
             ,
             That
             my
             Lord
             Mountnorris
             desired
             time
             to
             answer
             by
             Counsel
             ;
             and
             that
             he
             might
             have
             his
             Charge
             in
             writing
             .
             That
             being
             not
             readily
             granted
             ,
             he
             insisted
             on
             it
             ,
             That
             he
             might
             have
             time
             to
             prepare
             his
             Answer
             ,
             but
             was
             told
             ,
             it
             was
             contrary
             to
             the
             form
             of
             that
             proceeding
             ;
             But
             whether
             that
             Objection
             of
             the
             form
             ,
             came
             from
             my
             Lord
             himself
             ,
             or
             from
             some
             other
             Member
             of
             the
             Board
             that
             I
             heard
             before
             named
             ,
             I
             cannot
             possibly
             say
             .
             But
             thus
             stands
             the
             state
             of
             it
             ,
             my
             Lord
             Mountnorris
             neither
             confessing
             nor
             denying
             the
             Charge
             ,
             my
             Lord
             Deputy
             replyed
             ,
             Sir
             ,
             If
             you
             do
             neither
             confess
             nor
             deny
             the
             Charge
             ,
             how
             shall
             we
             proceed
             ?
             The
             Deputy
             called
             on
             the
             Lord
             Moore
             ,
             and
             said
             ,
             What
             shall
             we
             say
             to
             this
             business
             ?
             My
             Lord
             ,
             saith
             the
             Lord
             Moore
             ,
             what
             I
             can
             say
             ,
             is
             under
             my
             Hand
             ;
             That
             a
             little
             time
             after
             ,
             a
             Letter
             was
             read
             from
             the
             King
             ,
             whereby
             His
             Majesty
             was
             pleased
             to
             give
             direction
             to
             proceed
             in
             a
             Martial
             Court
             ,
             for
             Reparation
             and
             Honour
             of
             the
             Lord
             Deputy
             ,
             on
             the
             Complaint
             and
             Information
             given
             to
             the
             King.
             That
             my
             Lord
             Mountnorris
             instantly
             fell
             on
             his
             Knees
             ,
             expressing
             a
             great
             deal
             of
             Grief
             and
             Sorrow
             ,
             and
             in
             truth
             Passion
             ,
             and
             had
             not
             much
             to
             say
             for
             himself
             ;
             and
             soon
             after
             ,
             was
             bid
             to
             withdraw
             ;
             and
             being
             withdrawn
             ,
             my
             Lord
             Deputy
             said
             ,
             That
             as
             he
             had
             complained
             to
             the
             King
             ,
             so
             he
             would
             expect
             that
             Honour
             from
             the
             Board
             ,
             That
             his
             Cause
             should
             be
             taken
             into
             consideration
             ,
             and
             such
             Redress
             given
             as
             was
             fit
             ;
             He
             demanded
             Justice
             according
             to
             the
             Articles
             insisted
             on
             :
             And
             having
             declared
             it
             ,
             there
             was
             a
             silence
             amongst
             us
             for
             some
             time
             ;
             That
             he
             was
             the
             first
             that
             brake
             that
             silence
             ;
             and
             in
             as
             humble
             manner
             and
             terms
             as
             he
             could
             light
             upon
             ,
             did
             humbly
             desire
             my
             Lord
             Deputy
             to
             give
             him
             leave
             ,
             to
             ask
             whether
             he
             would
             give
             leave
             to
             wave
             either
             of
             those
             Articles
             ;
             but
             my
             Lord
             said
             ,
             he
             would
             demand
             Justice
             on
             both
             .
          
           
             That
             this
             being
             so
             ,
             there
             was
             some
             Interlocution
             of
             discourse
             among
             the
             Council
             ,
             and
             in
             truth
             he
             thinks
             ,
             that
             he
             was
             one
             of
             the
             first
             that
             said
             ,
             that
             these
             Articles
             ,
             and
             the
             words
             ,
             cannot
             bear
             so
             good
             a
             construction
             ,
             but
             that
             there
             may
             be
             some
             danger
             of
             a
             breach
             upon
             these
             Articles
             .
          
           
             Being
             asked
             whether
             the
             words
             were
             not
             represented
             to
             the
             Council
             of
             War
             in
             a
             Paper
             written
             ,
             and
             the
             Testimony
             given
             in
             pursuance
             of
             that
             Paper
             .
          
           
             He
             Answered
             ,
             That
             as
             he
             remembers
             ,
             my
             Lord
             Moore
             having
             made
             a
             return
             to
             my
             Lord
             Deputy
             ,
             My
             Lord
             ,
             What
             I
             can
             say
             ,
             your
             Lordship
             hath
             under
             my
             hand
             ;
             he
             thinks
             my
             Lord
             Deputy
             said
             ,
             My
             Lord
             ,
             if
             you
             deny
             it
             ,
             I
             have
             it
             under
             your
             hand
             to
             shew
             .
          
           
             And
             thereupon
             (
             as
             he
             remembers
             )
             the
             Clerk
             of
             the
             Council
             standing
             by
             ,
             had
             direction
             to
             draw
             up
             some
             Interrogatories
             ,
             which
             my
             Lord
             Moore
             did
             acknowledge
             ;
             and
             Sir
             
               Robert
               Loftus
            
             too
             did
             affirm
             ,
             that
             they
             were
             spoken
             by
             my
             Lord
             Mountnorris
             ,
             as
             much
             as
             was
             mentioned
             in
             the
             Paper
             .
          
           
             Being
             asked
             how
             many
             Companies
             of
             the
             Army
             were
             then
             in
             Town
             ;
             how
             many
             in
             a
             Company
             ;
             and
             whether
             they
             were
             exercised
             in
             a
             more
             than
             ordinary
             Training
             ;
             and
             how
             many
             Companies
             the
             Army
             consists
             of
             :
          
           
             He
             Answered
             ,
             That
             he
             thinks
             the
             Horse-Troops
             were
             40
             ,
             or
             50
             at
             the
             most
             ;
             some
             my
             Lords
             own
             .
             The
             Foot-Companies
             were
             50.
             
             And
             of
             
             those
             Companies
             there
             were
             (
             he
             takes
             it
             )
             two
             Horse-Troops
             ,
             besides
             my
             Lord
             's
             own
             Troop
             ,
             and
             four
             Foot-Companies
             ;
             they
             were
             called
             up
             to
             guard
             and
             attend
             our
             Occasions
             in
             Parliament
             ,
             and
             they
             did
             their
             Duties
             as
             Souldiers
             every
             day
             ,
             as
             indeed
             my
             Lord
             of
             Strafford
             was
             careful
             of
             well
             exercising
             the
             Army
             as
             any
             General
             he
             ever
             saw
             ;
             and
             there
             are
             forty
             Companies
             of
             the
             old
             standing
             Army
             .
          
           
             Being
             asked
             on
             my
             Lord
             of
             Straffords
             Motion
             ,
             Whether
             my
             Lord
             of
             Strafford
             did
             not
             declare
             he
             would
             not
             give
             Judgment
             in
             the
             Cause
             ,
             but
             Appeal
             to
             them
             as
             a
             Suitor
             for
             Reparation
             .
          
           
             He
             Answered
             ,
             That
             my
             Lord
             of
             Strafford
             held
             them
             to
             the
             Point
             of
             the
             Articles
             ,
             demanding
             Justice
             on
             the
             Articles
             ;
             that
             he
             said
             sometimes
             ,
             he
             would
             depend
             on
             our
             Judgment
             in
             it
             ,
             and
             yet
             he
             would
             hold
             us
             to
             the
             Point
             of
             the
             Articles
             .
             And
             further
             ,
             that
             if
             there
             were
             not
             a
             necessity
             of
             his
             being
             there
             ,
             he
             would
             have
             withdrawn
             too
             .
             But
             my
             Lord
             would
             not
             give
             the
             Council
             a
             latitude
             to
             proceed
             according
             to
             the
             King's
             Letter
             for
             Reparation
             ,
             but
             he
             held
             them
             to
             the
             Point
             of
             the
             Articles
             .
          
           
             Being
             asked
             on
             my
             Lord
             of
             
             Strafford's
             Motion
             ,
             Whether
             he
             did
             not
             tell
             my
             Lord
             Mountnorris
             ,
             when
             he
             went
             out
             of
             the
             Room
             ,
             that
             he
             would
             not
             speak
             a
             word
             till
             he
             came
             into
             the
             Room
             again
             ,
             and
             whether
             he
             did
             not
             do
             it
             accordingly
             ;
             and
             whether
             he
             sate
             bare
             all
             the
             while
             as
             a
             Party
             ,
             and
             not
             as
             a
             Judge
             .
          
           
             In
             answer
             ,
             he
             desired
             leave
             to
             offer
             to
             their
             Lordships
             ,
             that
             he
             acquainted
             their
             Lordships
             before
             ;
             that
             as
             soon
             as
             my
             Lord
             Mountnorris
             was
             withdrawn
             ,
             my
             Lord
             did
             declare
             what
             he
             the
             Lord
             Renula
             had
             formerly
             said
             .
             But
             after
             the
             Council
             fell
             into
             debate
             of
             it
             ,
             he
             spake
             not
             a
             word
             ,
             nor
             gave
             any
             interruption
             .
             And
             he
             cannot
             positively
             say
             ,
             that
             he
             sate
             bare
             all
             the
             while
             .
          
           
             Being
             asked
             ,
             Whether
             this
             was
             not
             in
             the
             time
             of
             full
             Peace
             ,
             and
             whether
             any
             Rebels
             or
             Enemies
             were
             in
             the
             Kingdom
             .
          
           
             He
             Answered
             ,
             Certainly
             it
             was
             a
             time
             of
             very
             full
             and
             happy
             Peace
             .
          
           
             To
             prove
             ,
             that
             in
             discourse
             concerning
             this
             Sentence
             ,
             my
             Lord
             said
             afterwards
             ,
             
             He
             would
             not
             lose
             the
             Honour
             or
             Share
             of
             it
             .
          
           
             The
             Earl
             of
             Cork
             being
             asked
             to
             that
             purpose
             .
             
          
           
             Answered
             ,
             That
             all
             he
             can
             remember
             is
             ,
             that
             the
             Sentence
             was
             publickly
             read
             in
             the
             Star-Chamber
             ,
             and
             my
             Lord
             said
             ,
             He
             would
             not
             lose
             his
             Share
             in
             the
             Honour
             of
             it
             ,
             but
             he
             cannot
             remember
             the
             day
             .
          
           
             Lord
             Viscount
             Dillon
             asked
             to
             that
             purpose
             .
          
           
             Answered
             ,
             That
             he
             happened
             to
             be
             in
             the
             Star-Chamber
             that
             day
             ,
             by
             my
             Lord
             of
             
             Strafford's
             Command
             ,
             and
             carried
             the
             Sword
             that
             day
             .
             That
             the
             reading
             of
             the
             Sentence
             he
             remembers
             not
             ,
             but
             the
             words
             he
             heard
             ,
             That
             the
             Sentence
             given
             against
             my
             Lord
             Mountnorris
             ,
             by
             the
             Council
             of
             War
             ,
             was
             a
             noble
             and
             just
             Sentence
             ,
             and
             for
             his
             part
             he
             would
             not
             lose
             his
             share
             of
             the
             Honour
             of
             it
             .
          
           
             The
             Commons
             proceeded
             to
             that
             part
             of
             the
             Charge
             ,
             which
             concerns
             the
             execution
             of
             another
             man
             by
             Martial
             Law.
             
          
           
             
               William
               Castigatt
            
             sworn
             ,
             being
             asked
             several
             questions
             touching
             that
             
             part
             particularly
             ,
             Whether
             he
             knew
             one
             executed
             by
             Martial
             Law
             ,
             and
             by
             whom
             ?
             &c.
             
          
           
           
             He
             Answered
             ,
             Yes
             ,
             his
             name
             was
             
               Thomas
               Denewitt
            
             ,
             and
             it
             was
             last
             Summer
             was
             two
             years
             ,
             that
             he
             was
             on
             the
             Green
             ,
             when
             he
             was
             hanged
             ,
             and
             they
             were
             born
             in
             the
             same
             Town
             :
             He
             said
             ,
             he
             knew
             not
             what
             Martial
             Law
             is
             ,
             but
             he
             was
             hanged
             on
             one
             of
             the
             bows
             of
             a
             growing
             Tree
             ,
             and
             he
             takes
             it
             my
             Lord
             of
             Strafford
             was
             present
             ;
             he
             added
             ,
             that
             all
             the
             Souldiers
             were
             there
             ,
             and
             the
             Company
             ;
             but
             knows
             not
             whether
             he
             was
             condemned
             by
             a
             Jury
             or
             no.
             And
             he
             heard
             that
             he
             was
             hanged
             for
             a
             quarter
             of
             Beef
             ,
             that
             he
             ,
             and
             some
             of
             the
             Company
             took
             away
             .
          
           
             Lord
             Viscount
             Dillon
             being
             asked
             ,
             If
             he
             knew
             of
             the
             Execution
             of
             the
             
             said
             Person
             ,
             whether
             he
             was
             condemned
             by
             Martial
             Law
             ,
             and
             whether
             he
             was
             a
             Suitor
             to
             my
             Lady
             Strafford
             ,
             and
             could
             not
             prevail
             .
          
           
             He
             Answered
             ,
             He
             did
             not
             know
             that
             man
             by
             name
             that
             was
             hanged
             ,
             but
             it
             was
             by
             Martial
             Law.
             And
             he
             ,
             and
             another
             noble
             Lord
             that
             sits
             here
             ,
             were
             Suitors
             for
             him
             to
             my
             Lady
             ,
             and
             she
             told
             them
             ,
             she
             did
             endeavour
             ,
             but
             could
             not
             prevail
             for
             a
             Pardon
             .
          
           
             That
             it
             was
             a
             little
             before
             the
             500
             men
             went
             to
             Carlisle
             ,
             out
             of
             Ireland
             .
          
           
             That
             he
             was
             not
             present
             at
             the
             Trial
             ,
             but
             saw
             him
             hanged
             on
             the
             Green
             at
             Dublin
             on
             a
             Tree
             ,
             and
             knows
             not
             his
             name
             ;
             and
             he
             conceives
             the
             Provost-Marshal
             ,
             or
             the
             Provost-Marshal's
             Son
             did
             Execution
             ,
             for
             they
             were
             there
             both
             of
             them
             .
             That
             the
             Cause
             was
             double
             ,
             as
             he
             heard
             ,
             for
             which
             he
             was
             condemned
             ;
             for
             flying
             from
             his
             Colours
             ,
             and
             for
             stealing
             some
             Beef
             .
          
           
             
               Patrick
               Gough
            
             sworn
             ,
             and
             asked
             to
             the
             same
             purpose
             as
             before
             .
             
          
           
             He
             Answered
             ,
             That
             he
             remembers
             about
             the
             time
             of
             the
             500
             Souldiers
             sending
             to
             Carlisle
             ,
             and
             the
             Army
             in
             Dublin
             ,
             this
             man
             was
             executed
             by
             the
             Provost-Marshal's
             Son
             ,
             and
             on
             a
             Tree
             ,
             and
             that
             time
             two
             other
             Souldiers
             were
             whipt
             .
             The
             voice
             of
             the
             Report
             was
             ,
             He
             was
             hanged
             for
             a
             quarter
             of
             Beef
             ,
             and
             running
             away
             from
             his
             Colours
             .
          
           
             Lord
             Renula
             asked
             what
             Answer
             was
             given
             ,
             when
             a
             motion
             was
             made
             that
             this
             man
             should
             be
             tried
             at
             Law.
             
          
           
             He
             Answered
             ,
             That
             he
             was
             warned
             to
             come
             to
             a
             Marshalls
             Court
             ,
             and
             the
             Messenger
             came
             so
             late
             ,
             that
             he
             came
             not
             timely
             enough
             to
             give
             his
             Vote
             in
             the
             Court.
             That
             he
             came
             when
             the
             matter
             was
             fully
             heard
             ,
             and
             having
             done
             his
             duty
             to
             the
             Lord-Deputy
             ,
             sate
             down
             behind
             the
             Chair
             .
             That
             there
             were
             some
             controverted
             Opinions
             concerning
             the
             condemnation
             of
             the
             man.
             The
             Lord-Deputy
             was
             pleased
             to
             desire
             his
             Opinion
             ,
             and
             stated
             the
             Evidence
             to
             him
             ,
             as
             it
             appeared
             before
             the
             Court
             ,
             which
             ,
             to
             his
             remembrance
             ,
             stood
             thus
             ;
             The
             party
             was
             accused
             to
             have
             stollen
             some
             Beef
             ;
             and
             charged
             to
             have
             run
             from
             his
             Colours
             ,
             which
             was
             the
             reason
             of
             the
             parties
             being
             called
             thither
             ,
             as
             he
             conceived
             .
             And
             it
             was
             thus
             ,
             coming
             to
             his
             Lieutenant
             to
             demand
             his
             Pay
             (
             if
             he
             be
             not
             mistaken
             ,
             and
             if
             he
             be
             ,
             he
             should
             be
             glad
             to
             be
             certified
             by
             any
             ,
             )
             the
             Officer
             said
             ,
             He
             had
             it
             not
             ;
             then
             he
             desired
             to
             be
             Discharged
             ,
             Then
             go
             and
             be
             hanged
             ,
             said
             the
             Officer
             ;
             and
             thereupon
             left
             his
             Colours
             ,
             yet
             left
             his
             Musket
             with
             his
             Corporal
             .
             That
             for
             the
             Beef
             ,
             it
             seems
             the
             Fact
             was
             clear
             ,
             that
             this
             was
             when
             a
             Regiment
             of
             Foot
             was
             to
             be
             transmitted
             to
             Carlisle
             ,
             and
             were
             at
             Dublin
             attending
             their
             Transportation
             hence
             .
             That
             he
             the
             said
             Lord
             Renula
             was
             desired
             to
             inform
             himself
             of
             the
             particular
             charged
             upon
             his
             going
             from
             his
             Colours
             .
             The
             thing
             in
             his
             excuse
             was
             ,
             The
             Officer's
             bidding
             him
             go
             
             and
             be
             hanged
             ,
             and
             leaving
             his
             Musket
             :
             That
             therefore
             he
             ,
             the
             Lord
             Renula
             ,
             did
             the
             rather
             advise
             he
             should
             be
             tried
             by
             the
             Law
             ,
             than
             in
             that
             Court
             :
             That
             he
             doth
             not
             conceive
             the
             Sentence
             was
             made
             certain
             before
             he
             came
             in
             ,
             and
             if
             he
             be
             not
             mistaken
             ,
             there
             is
             a
             Noble
             Peer
             of
             this
             House
             sate
             in
             that
             Council
             ,
             and
             he
             is
             sure
             ,
             that
             he
             (
             the
             said
             Peer
             )
             offered
             Reasons
             why
             he
             should
             not
             die
             for
             that
             Fact
             ,
             for
             he
             heard
             him
             argue
             it
             so
             ,
             and
             that
             is
             my
             Lord
             Conway
             .
          
           
             Lord
             Conway
             was
             sworn
             ,
             and
             asked
             his
             knowledge
             of
             this
             .
             
          
           
             He
             Answered
             ,
             That
             he
             hath
             been
             asked
             of
             this
             heretofore
             ,
             and
             therefore
             is
             something
             more
             in
             his
             memory
             than
             otherwise
             it
             would
             have
             been
             ,
             for
             he
             had
             almost
             forgot
             it
             ,
             and
             it
             is
             very
             imperfectly
             in
             memory
             .
             He
             remembers
             that
             he
             was
             at
             a
             Council
             of
             War
             in
             Dublin
             ,
             that
             there
             was
             a
             man
             condemned
             to
             be
             hanged
             ,
             and
             that
             it
             was
             for
             such
             a
             matter
             as
             their
             Lordships
             had
             heard
             spoken
             ,
             more
             of
             it
             he
             doth
             not
             remember
             .
          
           
             And
             being
             further
             asked
             ,
             Whether
             any
             Proposition
             was
             made
             to
             my
             Lord
             of
             Strafford
             ,
             to
             have
             the
             man
             referred
             to
             a
             legal
             Trial
             ,
             or
             the
             Execution
             deferred
             .
          
           
             He
             Answered
             ,
             He
             remembers
             it
             not
             .
          
           
             And
             so
             they
             closed
             the
             Article
             ,
             observing
             it
             to
             be
             fully
             proved
             in
             both
             parts
             of
             it
             ,
             and
             that
             it
             makes
             good
             the
             general
             Article
             ,
             of
             exercising
             a
             Tyrannical
             Government
             over
             His
             Majesties
             Subjects
             .
          
           
             The
             Earl
             of
             Strafford
             began
             his
             Defence
             .
          
           
             I
             humbly
             conceive
             my
             Answer
             must
             be
             allowed
             me
             ,
             if
             I
             prove
             clear
             of
             
             Treason
             ,
             having
             been
             debarred
             of
             Witnesses
             .
          
           
             My
             Answer
             saith
             ,
             That
             the
             Deputies
             have
             always
             exercised
             Martial
             Law
             in
             time
             of
             the
             Armies
             march
             ,
             and
             divers
             Articles
             for
             regulating
             the
             Army
             printed
             ,
             according
             to
             which
             divers
             have
             been
             put
             to
             death
             in
             Peace
             as
             well
             as
             War.
             
          
           
             That
             the
             Lord
             Mountnorris
             ,
             for
             breach
             of
             two
             of
             those
             Articles
             ,
             was
             proceeded
             against
             by
             20
             in
             number
             ,
             and
             Sentence
             of
             Death
             pronounced
             ,
             wherein
             I
             was
             no
             Judge
             ;
             and
             I
             obtained
             from
             His
             Majesty
             that
             no
             personal
             hurt
             befel
             him
             ,
             but
             a
             few
             days
             Imprisonment
             .
          
           
             If
             I
             had
             been
             questioned
             on
             my
             Life
             for
             Murder
             or
             Felony
             ,
             I
             might
             in
             extremity
             have
             feared
             (
             perhaps
             )
             but
             certainly
             this
             can
             by
             no
             Law
             be
             made
             Treason
             ,
             for
             which
             only
             I
             must
             answer
             ,
             being
             a
             Crime
             of
             another
             nature
             .
          
           
             I
             trust
             this
             will
             appear
             no
             Crime
             ,
             or
             such
             a
             one
             as
             ,
             I
             hope
             ,
             His
             Majesty
             will
             grant
             me
             a
             Pardon
             for
             ,
             as
             He
             hath
             done
             to
             others
             .
          
           
             I
             desire
             to
             excuse
             a
             Mistake
             in
             my
             Answer
             ,
             about
             the
             whole
             Armies
             being
             at
             Dublin
             ,
             and
             I
             desire
             in
             my
             Answer
             to
             have
             liberty
             to
             rectifie
             a
             mistake
             .
          
           
             I
             humbly
             desire
             the
             Commission
             may
             be
             read
             under
             the
             Broad-Seal
             ,
             whereby
             I
             am
             made
             General
             of
             the
             Army
             ,
             and
             Power
             derived
             to
             exercise
             Marshal-Law
             ,
             which
             was
             read
             ,
             and
             this
             limitation
             is
             in
             it
             as
             to
             the
             exercise
             of
             Marshal-Law
             ,
             
               Si
               opus
               fuerit
            
             .
             And
             this
             I
             observe
             is
             according
             to
             the
             practise
             of
             all
             the
             World
             in
             Cases
             of
             this
             Nature
             .
          
           
             That
             the
             Army
             in
             Ireland
             is
             a
             standing
             Army
             ,
             in
             the
             King's
             pay
             ,
             and
             and
             hath
             ,
             and
             always
             had
             Marshalls
             ,
             Serjeants
             ,
             Majors
             ,
             Generals
             ,
             Provost-Marshalls
             ,
             and
             other
             Officers
             .
          
           
           
             We
             admit
             that
             there
             is
             an
             Army
             in
             Ireland
             that
             is
             in
             pay
             ,
             and
             distributed
             in
             the
             Country
             ,
             and
             hath
             Officers
             belonging
             to
             it
             .
             
          
           
             The
             Generals
             there
             have
             from
             time
             to
             time
             set
             forth
             Orders
             in
             Print
             ,
             for
             
             the
             Government
             of
             the
             Army
             ,
             and
             the
             Officers
             of
             it
             ,
             particularly
             my
             Lord
             Wilmott
             ,
             whose
             Orders
             are
             here
             to
             be
             read
             .
          
           
             My
             Lord
             Wilmott
             being
             examined
             ,
             confest
             there
             were
             Orders
             made
             for
             regulating
             the
             Army
             ,
             that
             he
             had
             the
             Honour
             to
             be
             General
             four
             years
             ,
             
             and
             that
             the
             Articles
             offered
             by
             my
             Lord
             of
             Strafford
             ,
             and
             by
             him
             viewed
             ,
             are
             attested
             under
             his
             Hand
             ,
             for
             which
             he
             took
             Pattern
             from
             my
             Lord
             Faulkland
             ,
             my
             Lord
             Grandison
             ,
             and
             my
             Lord
             Chichester
             ,
             and
             he
             did
             it
             by
             the
             Power
             he
             had
             the
             Honour
             to
             hold
             under
             His
             Majesty
             as
             General
             :
             That
             yet
             he
             used
             them
             so
             sparingly
             ,
             that
             neither
             in
             that
             time
             ,
             nor
             in
             the
             Government
             of
             Munster
             (
             in
             which
             he
             had
             as
             large
             Authority
             as
             ever
             any
             man
             had
             )
             he
             never
             did
             condemn
             a
             man
             to
             death
             in
             peaceable
             times
             ,
             and
             that
             the
             Authority
             hath
             been
             good
             .
             That
             Martial-Law
             is
             so
             frequent
             and
             ordinary
             in
             Ireland
             ,
             that
             it
             is
             not
             to
             be
             denied
             ,
             and
             so
             little
             offensive
             there
             ,
             that
             the
             Common
             Law
             takes
             no
             exception
             at
             it
             .
             That
             he
             hath
             lived
             to
             see
             three
             or
             four
             Parliaments
             there
             ,
             and
             they
             never
             complained
             of
             it
             .
             And
             to
             Govern
             an
             Army
             without
             Martial-Law
             ,
             is
             impossible
             ,
             for
             occasions
             ,
             in
             an
             Army
             ,
             rise
             on
             a
             suddain
             ,
             and
             something
             must
             be
             done
             on
             a
             suddain
             for
             example-sake
             to
             others
             .
          
           
             That
             Martial-Law
             was
             certainly
             in
             Ireland
             ever
             since
             he
             remembers
             ,
             and
             long
             before
             ;
             but
             it
             hath
             been
             used
             so
             sparingly
             ,
             that
             in
             the
             time
             of
             Peace
             ,
             for
             his
             part
             ,
             he
             did
             never
             know
             any
             executed
             in
             his
             time
             .
          
           
             Being
             asked
             on
             the
             Lord
             
             Strafford's
             Motion
             ,
             Whether
             he
             hath
             known
             Sir
             
               Charles
               Coote
            
             as
             Provost-Martial
             of
             Conaught
             ,
             and
             Sir
             
               Iohn
               Bower
            
             Provost-Marshall
             of
             Leimster
             ,
             in
             time
             of
             Peace
             ,
             execute
             divers
             Persons
             ,
             Rebels
             ,
             and
             others
             ,
             by
             Martial-Law
             .
          
           
             He
             Answered
             ,
             For
             Sir
             
               Charles
               Coote
            
             he
             can
             very
             well
             answer
             ,
             though
             he
             had
             Authority
             ,
             yet
             it
             is
             out
             of
             his
             memory
             that
             he
             ever
             executed
             any
             .
             And
             for
             Sir
             
               Iohn
               Bower
            
             ,
             he
             dwelleth
             remote
             from
             him
             ,
             that
             the
             said
             Sir
             
               Iohn
               Bower
            
             hath
             Authority
             ,
             and
             so
             have
             many
             other
             Presidents
             ,
             Marshalls
             of
             the
             Army
             ,
             Provost-Marshalls
             of
             every
             Province
             ,
             and
             upon
             great
             Reasons
             for
             it
             ;
             for
             though
             they
             be
             Inferior
             men
             ,
             yet
             the
             intent
             of
             their
             Commission
             is
             but
             to
             prosecute
             those
             men
             that
             cannot
             be
             had
             into
             the
             Law
             ,
             that
             is
             ,
             Rebels
             and
             Fugitives
             ,
             and
             those
             men
             he
             hath
             heard
             have
             been
             hanged
             .
          
           
             Whence
             my
             Lord
             of
             Strafford
             inferred
             ,
             That
             he
             had
             done
             nothing
             
               de
               Novo
            
             .
          
           
             That
             Provost-Marshalls
             have
             been
             always
             appointed
             ,
             and
             executed
             those
             Places
             under
             the
             General
             for
             the
             time
             being
             .
          
           
             The
             Committee
             admitted
             that
             there
             be
             four
             Provost-Marshalls
             ,
             but
             deny
             that
             they
             exercise
             Marshall-Law
             .
          
           
             That
             those
             Provost-Marshalls
             have
             executed
             divers
             men
             to
             death
             by
             
             Marshall-Law
             ,
             Rebels
             and
             Traytors
             .
          
           
             I
             desire
             to
             produce
             an
             Order
             of
             my
             Lord
             of
             
             Faulkland's
             ,
             taken
             from
             his
             Book
             of
             Entries
             ;
             but
             being
             not
             proved
             ,
             nor
             written
             with
             my
             Lord
             
             Faulkland's
             own
             hand
             ,
             the
             reading
             of
             it
             was
             not
             admitted
             ,
             but
             left
             to
             their
             Lordships
             Consideration
             .
          
           
           
             To
             prove
             the
             Practise
             of
             the
             Provost-Marshalls
             .
          
           
             Sir
             
               Adam
               Loftus
            
             being
             asked
             concerning
             the
             Provost-Marshalls
             executing
             of
             Marshall-Law
             before
             my
             Lord
             of
             
             Strafford's
             time
             ,
             and
             on
             what
             men
             .
          
           
             He
             Answered
             ,
             That
             it
             is
             most
             apparent
             ,
             in
             all
             times
             ,
             since
             he
             can
             remember
             ,
             Martial-Law
             hath
             been
             executed
             ,
             that
             's
             undoubted
             .
          
           
             But
             it
             was
             on
             Rebels
             and
             Out-Laws
             ,
             and
             he
             hath
             known
             no
             other
             ,
             but
             such
             ,
             executed
             by
             Martial-Law
             .
          
           
             Lord
             
               Robert
               Dillon
            
             being
             asked
             to
             the
             same
             purpose
             .
          
           
             Answered
             ,
             He
             hath
             heard
             the
             Provost-Marshals
             have
             taken
             and
             hanged
             men
             by
             Martial-Law
             in
             time
             of
             Peace
             ,
             since
             the
             beginning
             of
             King
             Iames
             his
             Reign
             ,
             that
             of
             Rebels
             and
             Out-Laws
             there
             is
             no
             question
             .
          
           
             My
             Lord
             of
             Strafford
             desired
             to
             compare
             his
             Orders
             with
             those
             of
             my
             Lord
             of
             Wilmotts
             .
          
           
             And
             they
             were
             compared
             accordingly
             in
             divers
             Articles
             .
          
           
             His
             Lordship
             produced
             a
             Copy
             of
             His
             Majesties
             Letter
             ,
             attested
             to
             be
             a
             true
             Copy
             by
             
               Charles
               Gibson
            
             .
          
           
             Which
             was
             read
             ,
             being
             the
             Letter
             recited
             in
             the
             Sentence
             of
             my
             Lord
             Mountnorris
             .
          
           
             I
             observe
             ,
             That
             the
             Sentence
             of
             my
             Lord
             Mountnorris
             takes
             notice
             
             that
             the
             Army
             was
             part
             of
             it
             in
             motion
             ,
             and
             divers
             Companies
             daily
             exercised
             ,
             and
             that
             my self
             was
             for
             the
             most
             part
             there
             present
             ,
             which
             shews
             the
             truth
             of
             my
             Answer
             to
             that
             Point
             in
             part
             .
          
           
             To
             free
             my self
             from
             the
             said
             Sentence
             ,
             I
             desire
             a
             Letter
             from
             my self
             and
             Council
             of
             War
             to
             Secretary
             Cook
             13.
             
             December
             ,
             immediately
             after
             the
             Sentence
             ,
             may
             be
             read
             ,
             to
             shew
             that
             I
             was
             a
             Suitor
             to
             the
             King
             in
             my
             Lord
             
             Mountnorris's
             behalf
             .
          
           
             But
             being
             after
             the
             Sentence
             ,
             and
             written
             by
             himself
             and
             the
             Council
             of
             War
             ,
             for
             extenuating
             of
             the
             Fact
             ,
             the
             reading
             of
             it
             was
             over-ruled
             .
          
           
             I
             conceive
             my
             Lord
             Renula
             and
             Lord
             Dillon
             made
             it
             appear
             ,
             that
             I
             declined
             
             giving
             Judgment
             in
             the
             Sentence
             .
          
           
             But
             for
             further
             proof
             ,
             Sir
             
               Robert
               Farrer
            
             was
             asked
             ,
             Whether
             my
             Lord
             of
             Strafford
             did
             not
             declare
             he
             would
             be
             no
             Judge
             ,
             nor
             give
             Opinion
             in
             that
             Cause
             ,
             and
             whether
             he
             sate
             bare
             ?
          
           
             He
             Answered
             ,
             That
             he
             was
             present
             at
             the
             Sentence
             ,
             and
             heard
             my
             Lord
             of
             Strafford
             say
             ,
             that
             he
             would
             give
             no
             Judgment
             ,
             nor
             have
             to
             do
             with
             the
             business
             concerning
             my
             Lord
             Mountnorris
             ,
             and
             he
             sate
             a
             good
             time
             with
             his
             hat
             off
             .
          
           
             Being
             asked
             on
             one
             of
             the
             Committees
             motion
             ,
             touching
             his
             pressing
             of
             both
             the
             Articles
             .
          
           
             He
             said
             ,
             He
             acknowledged
             my
             Lord
             did
             require
             Judgment
             on
             both
             Articles
             ,
             and
             yet
             sate
             silent
             at
             the
             time
             they
             were
             upon
             the
             Sentence
             .
          
           
             Being
             asked
             ,
             Whether
             my
             Lord
             of
             Strafford
             did
             not
             desire
             them
             to
             regard
             him
             no
             more
             than
             an
             ordinary
             Officer
             ,
             and
             do
             no
             otherwise
             than
             in
             reason
             and
             judgment
             they
             should
             think
             fit
             .
          
           
           
             He
             Answered
             ,
             My
             Lord
             of
             Strafford
             said
             these
             very
             words
             ,
             That
             they
             should
             not
             look
             upon
             him
             ,
             but
             go
             to
             the
             Cause
             according
             to
             their
             Opinion
             directly
             .
          
           
             And
             being
             asked
             ,
             Whether
             my
             Lord
             Mountnorris
             was
             a
             Captain
             of
             the
             Army
             .
          
           
             He
             Answered
             ,
             Yes
             ,
             and
             the
             Council
             did
             admit
             it
             .
          
           
             Sir
             
               George
               Wentworth
            
             being
             asked
             to
             the
             same
             purpose
             as
             Sir
             
               Robert
               Farrer
            
             .
          
           
             He
             Answered
             ,
             He
             was
             present
             at
             the
             Sentence
             ,
             and
             heard
             my
             Lord
             of
             Stafford
             say
             publickly
             ,
             He
             did
             not
             sit
             there
             as
             a
             Judge
             ,
             and
             that
             he
             would
             give
             no
             Vote
             in
             it
             .
          
           
             Being
             asked
             ,
             Whether
             my
             Lord
             of
             Stafford
             did
             not
             tell
             Sir
             
               George
               Wentworth
            
             that
             he
             should
             give
             no
             Vote
             in
             it
             ,
             because
             he
             was
             his
             Lordships
             Brother
             .
          
           
             He
             Answered
             ,
             Yes
             ,
             and
             he
             gave
             no
             Judgment
             upon
             that
             reason
             ;
             that
             my
             Lord
             of
             Strafford
             did
             publickly
             bid
             them
             all
             look
             on
             him
             as
             a
             private
             man
             ,
             and
             sate
             by
             as
             a
             Suitor
             ,
             not
             as
             a
             Judge
             ,
             and
             put
             off
             his
             hat
             at
             the
             beginning
             to
             speak
             ,
             and
             sate
             uncovered
             all
             the
             while
             ,
             till
             Sentence
             was
             pronounced
             .
          
           
             To
             shew
             that
             my
             Lord
             Mountnorris
             was
             enlarged
             by
             me
             presently
             after
             ,
             I
             here
             produce
             the
             Warrant
             Dated
             18.
             
             December
             ,
             though
             indeed
             he
             was
             released
             15.
             
             December
             .
          
           
             The
             denial
             of
             my
             Lord
             Mountnorris
             ,
             to
             examine
             Witnesses
             ,
             was
             by
             my
             Lord
             Cromwell
             ,
             Sir
             
               Charles
               Coote
            
             ,
             Sir
             
               Iohn
               Burlacy
            
             ,
             not
             by
             me
             ,
             I
             sitting
             by
             as
             a
             private
             party
             :
             For
             this
             I
             refer
             to
             my
             Lord
             
             Mountnorris's
             own
             Deposition
             ,
             and
             my
             Lord
             
             Renula's
             .
          
           
             To
             prove
             it
             further
             ,
             Sir
             
               Robert
               Farrer
            
             was
             asked
             touching
             the
             denying
             of
             further
             time
             and
             Council
             .
          
           
             He
             Answered
             ,
             He
             cannot
             tell
             who
             denied
             him
             ,
             he
             remembers
             my
             Lord
             Cromwell
             spake
             something
             ,
             but
             knows
             not
             whether
             to
             that
             effect
             .
          
           
             Sir
             
               Robert
               Farrer
            
             being
             asked
             on
             one
             of
             the
             Managers
             Motion
             ,
             Whether
             
             before
             their
             coming
             together
             they
             did
             know
             the
             occasion
             of
             their
             meeting
             .
          
           
             He
             Answered
             ,
             He
             did
             not
             ,
             he
             was
             warned
             to
             attend
             ,
             and
             did
             not
             know
             the
             business
             till
             he
             came
             thither
             .
          
           
             I
             did
             never
             Communicate
             it
             to
             any
             man
             ,
             till
             I
             brought
             the
             Letter
             ,
             
             because
             I
             was
             resolved
             to
             speak
             of
             it
             to
             no
             man
             living
             ;
             and
             in
             conclusion
             ,
             left
             it
             wholly
             to
             the
             Council
             .
          
           
             For
             the
             words
             ,
             That
             I
             would
             not
             lose
             my
             share
             in
             the
             Honour
             of
             that
             Sentence
             ;
             if
             I
             spake
             the
             words
             ,
             I
             meant
             the
             Justice
             and
             satisfaction
             done
             me
             by
             that
             Sentence
             ,
             being
             by
             the
             prime
             Officers
             of
             the
             Kingdom
             .
          
           
             And
             whereas
             it
             was
             said
             yesterday
             ,
             that
             though
             I
             thought
             it
             hard
             to
             lay
             words
             to
             my
             Charge
             ,
             yet
             I
             thought
             it
             not
             hard
             to
             lay
             words
             to
             the
             Lord
             Mountnorris
             his
             Charge
             ;
             there
             is
             a
             difference
             between
             laying
             words
             to
             a
             man's
             Charge
             ,
             to
             Accuse
             and
             Condemn
             him
             of
             High-Treason
             ,
             to
             loss
             of
             Estate
             ,
             Life
             ,
             Honour
             and
             Posterity
             ,
             and
             pressing
             words
             to
             only
             two
             days
             Imprisonment
             ,
             being
             only
             intended
             to
             discipline
             my
             Lord
             Mountnorris
             ,
             and
             teach
             him
             to
             govern
             his
             Speech
             with
             more
             modesty
             .
          
           
           
             His
             Defence
             to
             the
             business
             of
             Denwitt's
             Execution
             .
          
           
             He
             confesses
             his
             Vote
             concurred
             ,
             and
             thinks
             he
             had
             Authority
             ,
             and
             may
             
             justifie
             it
             .
          
           
             He
             produced
             the
             Sentence
             Dated
             13.
             
             February
             ,
             1638.
             where
             his
             Crimes
             are
             set
             forth
             to
             be
             the
             fellonious
             stealing
             of
             a
             quarrer
             of
             Beef
             ,
             and
             running
             away
             from
             his
             Colours
             ,
             in
             breach
             of
             the
             9th
             and
             6th
             Articles
             ,
             for
             which
             he
             was
             sentenced
             to
             Death
             ,
             according
             to
             the
             use
             of
             Martial-Law
             .
          
           
             His
             Lordship
             opened
             the
             Nature
             of
             the
             Offence
             ,
             being
             committed
             at
             a
             time
             when
             the
             500
             men
             were
             attending
             to
             go
             to
             Carlisle
             ;
             and
             the
             Example
             might
             be
             dangerous
             ,
             and
             desired
             Sir
             
               George
               Mountnorris
            
             might
             be
             asked
             ,
             Whether
             Denwitt
             was
             not
             convicted
             to
             be
             guilty
             ,
             adding
             ,
             that
             he
             had
             been
             burnt
             in
             the
             hand
             ;
             and
             running
             from
             his
             Colours
             is
             death
             by
             the
             Laws
             of
             Ireland
             .
          
           
             He
             produced
             a
             Statute
             of
             Ireland
             ,
             20
             H.
             6.
             
             C.
             19.
             whereby
             it
             is
             Enacted
             ,
             That
             every
             man
             that
             receives
             the
             King's
             Wages
             ,
             and
             departs
             from
             his
             Captain
             ,
             &c.
             shall
             be
             proceeded
             against
             as
             a
             Felon
             .
          
           
             As
             also
             the
             Statute
             7
             H.
             7.
             
             C.
             1.
             
             The
             departing
             of
             a
             Souldier
             from
             his
             Colours
             is
             Felony
             ,
             and
             the
             Offendor
             to
             undergo
             punishment
             of
             Law.
             And
             10
             H.
             7.
             all
             Laws
             formerly
             made
             in
             England
             are
             to
             be
             in
             force
             in
             Ireland
             ,
             and
             so
             that
             of
             7
             H.
             7.
             
             For
             further
             clearing
             whereof
             ,
             he
             refers
             himself
             to
             the
             Council
             .
          
           
             One
             of
             the
             Managers
             did
             make
             Reply
             in
             substance
             as
             followeth
             :
             
          
           
             That
             if
             this
             Fact
             be
             not
             Treason
             ,
             yet
             it
             seems
             to
             prove
             his
             Intention
             to
             subvert
             the
             Law
             ,
             which
             is
             Treason
             .
          
           
             Whereas
             he
             hopes
             for
             the
             King's
             Mercy
             ,
             so
             the
             Commons
             do
             as
             really
             trust
             for
             the
             King's
             Justice
             .
          
           
             The
             Commission
             he
             insists
             on
             ,
             is
             limitted
             with
             
               Si
               opus
               fuerit
            
             ;
             and
             the
             King
             intends
             Execution
             according
             to
             Law
             ,
             
               Magna
               Charta
            
             ,
             and
             the
             rest
             of
             the
             Laws
             of
             England
             being
             of
             force
             in
             Ireland
             .
          
           
             There
             hath
             been
             an
             Army
             in
             pay
             in
             Ireland
             since
             Henry
             the
             Eighths
             time
             ,
             and
             so
             there
             are
             some
             in
             pay
             here
             ,
             in
             Portsmouth
             and
             Plymouth
             ,
             and
             yet
             it
             follows
             not
             England
             must
             be
             Governed
             by
             Martial-Law
             .
          
           
             The
             Lord
             Wilmott
             was
             produced
             by
             him
             ,
             to
             justifie
             the
             publishing
             of
             Orders
             ,
             and
             exercise
             of
             Martial
             Law
             in
             Ireland
             .
             But
             we
             Appeal
             to
             your
             Lordships
             ,
             Whether
             he
             gave
             Testimony
             of
             executing
             any
             by
             Martial-Law
             .
          
           
             Sir
             
               Adam
               Loftus
            
             says
             ,
             There
             are
             Provost-Marshalls
             ,
             and
             they
             do
             use
             to
             put
             men
             to
             death
             ,
             but
             they
             are
             Rebels
             whom
             they
             execute
             ,
             which
             squares
             not
             with
             this
             Case
             ,
             only
             that
             of
             Sir
             
               Thomas
               Wayneman
            
             is
             a
             full
             President
             .
          
           
             For
             the
             King's
             Letter
             ,
             it
             is
             written
             on
             his
             Information
             ,
             and
             if
             the
             King's
             Ministers
             misinform
             him
             ,
             He
             is
             just
             before
             God
             and
             men
             ;
             and
             the
             Letter
             directs
             Reparation
             ,
             as
             it
             was
             fit
             there
             should
             be
             .
          
           
             My
             Lord
             pretends
             he
             was
             no
             Judge
             in
             the
             Cause
             ,
             your
             Lordships
             may
             remember
             who
             procured
             the
             Letter
             to
             proceed
             ,
             and
             who
             sate
             there
             to
             manage
             the
             business
             ,
             though
             he
             sate
             with
             his
             Hat
             off
             ;
             if
             he
             would
             have
             been
             indifferent
             ,
             he
             should
             have
             left
             the
             Counsellors
             to
             themselves
             .
          
           
           
             And
             when
             some
             moved
             they
             might
             proceed
             on
             one
             Article
             ,
             he
             cryed
             both
             ,
             and
             so
             he
             was
             the
             Procurer
             of
             the
             Sentence
             ,
             with
             which
             he
             is
             charged
             ,
             not
             with
             the
             Voting
             of
             it
             .
          
           
             He
             pretends
             he
             sate
             by
             and
             said
             nothing
             ,
             yet
             no
             man
             talked
             more
             at
             the
             Sentence
             than
             himself
             .
          
           
             He
             proves
             not
             the
             Course
             of
             Martial-Law
             ,
             and
             there
             is
             a
             Judge-Marshal
             ,
             to
             whom
             ,
             in
             any
             proceedings
             in
             a
             Martial
             way
             ,
             address
             should
             be
             made
             ,
             and
             it
             was
             desired
             he
             might
             be
             called
             ,
             to
             testifie
             how
             they
             went
             about
             it
             .
          
           
             Another
             of
             the
             Managers
             did
             add
             ,
             by
             way
             of
             Reply
             ,
             That
             whereas
             my
             Lord
             of
             Strafford
             insists
             much
             ,
             as
             if
             Martial-Law
             were
             part
             of
             the
             same
             Law
             
             of
             Ireland
             ,
             but
             the
             25
             E.
             3.
             is
             in
             force
             there
             ,
             and
             that
             is
             recited
             in
             the
             Petition
             of
             Right
             in
             force
             here
             ,
             as
             the
             ground
             why
             Martial-Law
             ought
             not
             to
             be
             in
             England
             ,
             and
             therefore
             there
             is
             the
             same
             ground
             why
             it
             should
             not
             be
             in
             Ireland
             .
          
           
             For
             that
             Commission
             he
             speaks
             of
             
               Opus
               est
            
             ,
             is
             Martial-Law
             ,
             when
             there
             is
             
               bellum
               flagrans
            
             ;
             but
             what
             need
             was
             there
             of
             Martial-Law
             in
             my
             Lord
             Mountnorris
             his
             Case
             ,
             when
             he
             would
             rather
             lose
             his
             Hand
             than
             the
             Sentence
             be
             executed
             .
          
           
             For
             the
             Orders
             made
             by
             my
             Lord
             Wilmott
             and
             others
             ,
             there
             is
             difference
             between
             making
             an
             Order
             in
             way
             of
             terror
             ,
             for
             fear
             of
             Execution
             ,
             and
             putting
             that
             thing
             in
             execution
             .
          
           
             Many
             Witnesses
             are
             produced
             to
             prove
             the
             practise
             ,
             but
             not
             one
             speaks
             in
             point
             of
             Execution
             ,
             unless
             upon
             Rebels
             and
             Traytors
             ,
             and
             such
             as
             would
             not
             come
             into
             Law
             ,
             whereas
             my
             Lord
             Mountnorris
             was
             had
             into
             the
             Law.
             
          
           
             Whereas
             he
             takes
             the
             Example
             of
             those
             before
             him
             ;
             the
             Commons
             cannot
             see
             the
             Restrictions
             put
             upon
             his
             Commission
             for
             Martial-Law
             ,
             but
             in
             the
             preceding
             Deputies
             time
             there
             was
             a
             limitation
             ,
             that
             the
             Provost
             should
             leave
             the
             Souldiers
             to
             trial
             at
             Law
             ,
             except
             in
             time
             of
             War
             and
             Rebellion
             .
          
           
             The
             Statute
             of
             20
             H.
             6.
             is
             against
             him
             ,
             for
             it
             makes
             the
             Souldiers
             running
             from
             his
             Colours
             Felony
             ,
             and
             certainly
             meant
             it
             should
             be
             tried
             by
             that
             Law
             that
             makes
             it
             Felony
             ,
             which
             would
             have
             given
             him
             the
             benefit
             of
             Clergy
             ,
             not
             by
             Martial-Law
             .
          
           
             And
             though
             he
             thinks
             he
             may
             justifie
             it
             ,
             he
             falls
             at
             last
             to
             a
             Pardon
             .
          
           
             He
             says
             ,
             He
             acquainted
             no
             body
             before
             hand
             with
             the
             business
             ;
             but
             if
             he
             may
             give
             the
             Interpretation
             ,
             he
             will
             be
             sure
             to
             put
             a
             good
             end
             to
             it
             ;
             if
             he
             would
             not
             prepare
             the
             Council
             for
             Justice
             ,
             why
             should
             not
             the
             Delinquent
             be
             prepared
             ?
          
           
             The
             words
             are
             pretended
             to
             be
             spoken
             in
             April
             ,
             my
             Lord
             of
             Strafford
             procures
             the
             King's
             Letter
             in
             Iuly
             ,
             and
             questions
             it
             not
             till
             December
             ,
             here
             is
             no
             
               opus
               est
            
             .
          
           
             The
             very
             words
             of
             the
             Order
             ,
             the
             Witnesses
             were
             examined
             by
             our
             Command
             ,
             which
             make
             it
             his
             own
             .
          
           
             One
             of
             the
             Managers
             desired
             that
             two
             of
             the
             Instructions
             of
             former
             Deputies
             
             might
             be
             read
             .
          
           
             To
             this
             my
             Lord
             of
             Strafford
             excepted
             ,
             as
             supplemental
             and
             dangerous
             ,
             and
             not
             warranted
             by
             any
             other
             Judicature
             .
          
           
           
             After
             some
             debate
             touching
             the
             admitting
             of
             my
             Lord
             of
             Ely
             to
             be
             examined
             ,
             to
             the
             Course
             of
             Martial-Laws
             in
             Ireland
             ,
             being
             new
             matter
             ,
             arising
             out
             of
             his
             Answer
             ;
             It
             was
             Resolved
             that
             he
             should
             be
             examined
             only
             to
             that
             new
             matter
             .
          
           
             The
             Earl
             of
             Ely
             sworn
             ,
             was
             examined
             what
             was
             the
             proceedings
             of
             
             the
             Marshalls
             Court
             when
             he
             was
             Judge-Marshall
             ,
             and
             how
             long
             he
             had
             been
             so
             .
          
           
             He
             Answered
             ,
             He
             was
             40
             years
             since
             Judge
             there
             ,
             and
             for
             the
             manner
             of
             proceeding
             ,
             There
             was
             never
             any
             Deputy
             ,
             or
             Governor
             of
             that
             Kingdom
             ,
             but
             they
             had
             a
             Commission
             of
             Martial-Law
             to
             be
             exercised
             in
             the
             time
             of
             their
             Government
             ;
             but
             the
             exercise
             of
             that
             Law
             was
             two-fold
             ,
             one
             was
             Summary
             ,
             the
             other
             was
             Plenary
             :
             That
             which
             was
             Summary
             and
             short
             ,
             was
             committed
             to
             the
             Provost-Marshall
             ,
             that
             sought
             after
             the
             Rebels
             and
             Kernes
             that
             kept
             the
             Woods
             .
          
           
             These
             ,
             when
             they
             were
             apprehended
             ,
             the
             Provost-Marshall
             hanged
             them
             on
             the
             next
             Tree
             ;
             and
             this
             was
             in
             poor
             Cases
             ,
             where
             the
             estate
             of
             the
             party
             that
             prosecutes
             is
             not
             worth
             40
             s.
             In
             the
             second
             ,
             which
             is
             the
             Plenary
             proceeding
             ,
             there
             are
             three
             Considerations
             to
             be
             had
             ,
             of
             the
             time
             ,
             the
             place
             ,
             and
             the
             person
             ;
             the
             time
             must
             necessarily
             be
             in
             time
             of
             War
             ,
             the
             place
             in
             the
             Field
             ,
             and
             the
             persons
             must
             be
             such
             as
             are
             subject
             to
             the
             Rule
             of
             Martial-Law
             .
             And
             the
             proceeding
             was
             thus
             ;
             The
             parties
             complained
             ,
             the
             other
             appearing
             ,
             an
             Information
             was
             drawn
             in
             writing
             ,
             Witnesses
             produced
             ,
             and
             reduced
             in
             writing
             ,
             a
             Sentence
             given
             absolutely
             or
             condemnatory
             ,
             and
             the
             Party
             punished
             or
             acquitted
             ,
             and
             the
             Warrant
             directed
             to
             the
             Provost-Marshall
             to
             put
             the
             Judgment
             in
             Execution
             .
             But
             when
             the
             Army
             was
             dissolved
             ,
             and
             every
             one
             returned
             to
             their
             own
             home
             ,
             Souldiers
             ,
             Captains
             ,
             and
             Commanders
             ;
             this
             Power
             ceased
             ,
             and
             was
             no
             farther
             executed
             ;
             for
             it
             had
             been
             an
             extraordinary
             damage
             to
             His
             Majesty
             ,
             that
             by
             the
             Martial-Law
             every
             one
             should
             be
             tried
             ;
             for
             he
             loses
             nothing
             but
             his
             life
             ,
             not
             his
             Lands
             or
             his
             Goods
             ,
             and
             therefore
             the
             proceeding
             without
             was
             so
             slow
             and
             seldom
             ,
             that
             he
             had
             not
             remembred
             any
             man
             of
             quality
             worth
             100
             l.
             or
             200
             l.
             in
             thirty
             years
             to
             have
             been
             executed
             by
             Martial-Law
             .
          
           
             Here
             the
             Manager
             did
             offer
             the
             Instructions
             given
             in
             my
             Lord
             
             Faulkland's
             
             time
             ,
             which
             Mr.
             Fitz-Gerard
             testified
             to
             be
             by
             him
             examined
             with
             the
             Original
             in
             the
             Signet-Office
             ,
             as
             to
             the
             33.
             and
             34th
             Articles
             .
             Part
             of
             the
             Instructions
             were
             read
             ,
             viz.
             
          
           
             33.
             
             
               Such
               as
               are
               to
               be
               brought
               to
               Trial
               at
               Law
               ,
               are
               not
               to
               be
               executed
               by
               the
               Marshal
               ,
               except
               in
               time
               of
               War
               and
               Rebellion
               .
            
          
           
             One
             of
             the
             Managers
             observed
             ,
             That
             my
             Lord
             of
             Strafford
             would
             have
             
             Power
             of
             Martial-Law
             over
             my
             Lord
             Mountnorris
             ,
             but
             would
             not
             execute
             him
             ;
             which
             shews
             he
             desires
             not
             blood
             so
             much
             as
             Power
             of
             blood
             ;
             that
             the
             Law
             of
             all
             the
             Peers
             might
             be
             under
             his
             Girdle
             ,
             and
             he
             besought
             their
             Lordships
             to
             consider
             it
             .
          
           
             Whereas
             ,
             he
             said
             ,
             The
             blood
             of
             their
             Lordships
             Ancestors
             was
             spent
             in
             the
             Irish
             Wars
             ;
             this
             way
             ,
             their
             own
             blood
             may
             be
             spent
             in
             the
             Peace
             of
             Ireland
             ,
             and
             Peace
             of
             
               England
               ,
               &c.
            
             
          
           
           
             My
             Lord
             of
             Strafford
             taking
             notice
             of
             some
             words
             ,
             charging
             him
             that
             my
             Lord
             Mountnorris
             lost
             his
             Offices
             in
             that
             Sentence
             ;
             In
             way
             of
             Answer
             said
             ,
             That
             they
             were
             lost
             in
             a
             Sentence
             in
             the
             Castle-Chamber
             for
             Misdemeanors
             fully
             proved
             ,
             and
             by
             himself
             confessed
             ,
             and
             therefore
             His
             Majesty
             disposed
             of
             them
             .
          
           
             To
             which
             one
             of
             the
             Managers
             Replyed
             ,
             That
             there
             was
             no
             sentence
             in
             
             the
             Castle-Chamber
             against
             him
             .
          
           
             And
             so
             after
             some
             Discourses
             and
             Resolution
             touching
             the
             Method
             of
             the
             Proceedings
             about
             the
             next
             Articles
             ,
             the
             House
             was
             Adjourned
             .
          
        
         
           
           
             The
             First
             day
             .
             Monday
             ,
             March
             29.
             1641.
             
          
           
             THE
             Sixth
             Article
             .
             
               The
               Charge
            
             .
          
           
           
             
               That
               the
               said
               Earl
               of
            
             Strafford
             ,
             
               without
               any
               Legal
               Procéedings
               ,
               and
            
             
             
               upon
               a
               Paper-Petition
               of
            
             Richard
             Rolstone
             ,
             
               did
               cause
               the
               said
               Lord
            
             Mountnorris
             
               to
               be
               disseized
               and
               put
               out
               of
               possession
               of
               his
               Freehold
               ,
               and
               Inheritance
               of
               his
               Mannor
               of
            
             Tymore
             
               in
               the
               County
               of
            
             Armagh
             ,
             
               in
               the
               Kingdom
               of
            
             Ireland
             ,
             
               the
               said
               Lord
            
             Mountnorris
             
               having
               béen
            
             18
             
               years
               before
               in
               quiet
               Possession
               thereof
               .
            
          
           
             MR.
             Glyn
             opened
             the
             Sixth
             Article
             ,
             setting
             forth
             the
             Execution
             
             of
             an
             Arbitrary
             Power
             by
             the
             Earl
             of
             Strafford
             ,
             contrary
             to
             Law
             ,
             in
             point
             of
             the
             Estates
             of
             His
             Majesties
             Subjects
             ,
             by
             disseizing
             and
             putting
             the
             Lord
             Mountnorris
             ,
             a
             Peer
             ,
             out
             of
             Possession
             of
             Lands
             of
             200
             l.
             a
             year
             ,
             which
             he
             had
             possessed
             18
             years
             before
             ,
             on
             a
             Paper-Petition
             ,
             without
             any
             Rules
             of
             Justice
             ,
             during
             the
             said
             Lord
             Mountnorris
             his
             Imprisonment
             ,
             contrary
             to
             an
             Act
             of
             Parliament
             read
             the
             other
             day
             ,
             to
             King
             Iames
             his
             Instructions
             ,
             to
             the
             directions
             of
             His
             Majesties
             Proclamation
             ,
             and
             the
             Rules
             of
             proceeding
             in
             the
             Kingdom
             of
             Ireland
             .
          
           
             The
             Decree
             made
             in
             the
             Cause
             betwixt
             Rolstone
             and
             my
             Lord
             Mountnorris
             was
             first
             offered
             ,
             the
             Manager
             observing
             ,
             that
             it
             was
             nothing
             to
             the
             matter
             ,
             whether
             the
             Decree
             were
             just
             or
             unjust
             ,
             and
             that
             it
             never
             depended
             in
             the
             Chancery
             ,
             as
             is
             set
             forth
             in
             his
             Answer
             .
          
           
             
               Thomas
               Little
            
             ,
             the
             Lord
             of
             
             Strafford's
             Secretary
             ,
             being
             sworn
             ,
             attested
             
             that
             the
             Copy
             produced
             was
             under
             his
             own
             hand
             .
          
           
           
             And
             here
             my
             Lord
             of
             Strafford
             informed
             their
             Lordships
             ,
             that
             upon
             his
             Defence
             he
             would
             ask
             Mr.
             Little
             some
             questions
             ,
             desiring
             their
             Lordships
             
             to
             remember
             that
             he
             is
             upon
             his
             Oath
             .
          
           
             The
             Decree
             was
             read
             Dated
             28.
             
             Iuly
             ,
             1637.
             whereby
             for
             the
             Reasons
             therein
             set
             forth
             ,
             and
             with
             the
             assistance
             of
             the
             Lord
             Chief
             Justice
             of
             the
             Common
             Pleas
             ;
             It
             was
             ,
             among
             other
             things
             ,
             Ordered
             ,
             That
             
               Henry
               Rolston
            
             should
             be
             put
             into
             quiet
             Possession
             of
             certain
             Lands
             therein
             mentioned
             .
          
           
             Lord
             Mountnorris
             being
             Examined
             ,
             Whether
             he
             was
             put
             out
             of
             possession
             by
             Vertue
             of
             that
             Order
             ,
             and
             how
             long
             he
             had
             Possession
             of
             the
             
             Lands
             ?
          
           
             He
             Answered
             ,
             He
             was
             in
             quiet
             and
             peaceable
             Possession
             from
             May
             20.
             till
             he
             was
             put
             out
             by
             my
             Lord
             of
             
             Strafford's
             Warrant
             ,
             August
             29.
             1637.
             as
             was
             written
             to
             him
             from
             an
             Agent
             that
             was
             there
             from
             the
             delivery
             of
             the
             Warrant
             to
             the
             Sheriff
             .
             That
             he
             was
             all
             the
             while
             the
             business
             was
             in
             prosecution
             ,
             till
             his
             coming
             into
             England
             ,
             a
             little
             before
             his
             putting
             out
             of
             possession
             ,
             in
             prison
             ,
             under
             restraint
             ,
             for
             not
             suing
             out
             his
             Pardon
             ,
             upon
             the
             Sentence
             of
             the
             Council
             of
             War.
             
          
           
             Mr.
             Anslow
             sworn
             and
             interrogated
             to
             the
             same
             purpose
             .
             
          
           
             Answered
             ,
             That
             to
             my
             Lord
             
             Mountnorris's
             possession
             of
             the
             Lands
             ,
             he
             can
             say
             only
             by
             seeing
             the
             Accounts
             passed
             by
             former
             Receivers
             ,
             and
             the
             Patent
             my
             Lord
             Mountnorris
             had
             of
             the
             Land
             ;
             but
             for
             his
             being
             put
             out
             of
             the
             possession
             by
             the
             Order
             ,
             he
             found
             when
             he
             was
             left
             in
             Ireland
             ,
             about
             a
             year
             and
             half
             ago
             he
             was
             put
             out
             of
             possession
             by
             an
             Order
             of
             my
             Lord
             of
             Strafford
             ,
             and
             that
             he
             being
             there
             ,
             could
             have
             no
             Rents
             paid
             ,
             Henry
             Rolsion's
             Son
             being
             in
             possession
             ,
             the
             Father
             being
             dead
             .
          
           
             Being
             asked
             ,
             Whether
             a
             Petition
             was
             not
             preferred
             for
             liberty
             to
             proceed
             at
             Law.
             
          
           
             He
             Answered
             ,
             It
             was
             in
             his
             own
             behalf
             ,
             for
             the
             Land
             was
             estated
             on
             him
             by
             his
             Father
             :
             And
             that
             he
             the
             Deponent
             being
             to
             pass
             his
             Land
             on
             the
             Commission
             of
             Grace
             ,
             Rolston
             Petitioned
             for
             it
             himself
             ;
             and
             therefore
             he
             the
             Deponent
             Petitioned
             it
             might
             be
             hindred
             to
             pass
             ,
             and
             that
             he
             might
             have
             his
             Right
             tried
             legally
             ,
             but
             he
             could
             get
             no
             Answer
             ;
             the
             Commissioners
             saying
             ,
             They
             sate
             not
             there
             to
             question
             any
             Lords
             Estate
             .
          
           
             The
             Manager
             observed
             this
             to
             be
             the
             assuming
             of
             an
             Arbitrary
             Power
             of
             Jurisdiction
             ,
             in
             a
             case
             of
             Land
             ,
             without
             any
             former
             President
             ;
             wherein
             ,
             
             if
             he
             be
             justifiable
             ,
             he
             may
             as
             well
             ,
             riding
             on
             the
             High-way
             ,
             determine
             any
             mans
             Estate
             ;
             and
             added
             ,
             That
             if
             my
             Lord
             of
             Strafford
             insist
             on
             this
             ,
             they
             shall
             prove
             it
             not
             only
             in
             this
             ,
             but
             in
             twenty
             more
             of
             this
             condition
             on
             the
             Reply
             .
          
           
             My
             Lord
             of
             Strafford
             desiring
             they
             might
             bring
             their
             Proofs
             at
             once
             .
             
          
           
             The
             Manager
             Answered
             ,
             That
             they
             should
             prove
             an
             Act
             of
             the
             same
             
             Nature
             ,
             but
             of
             a
             higher
             strain
             ,
             concerning
             a
             Peer
             of
             the
             Realm
             (
             for
             he
             chased
             such
             Lions
             .
             )
          
           
             But
             my
             Lord
             of
             Strafford
             desiring
             they
             might
             be
             kept
             to
             that
             within
             
             the
             Charge
             .
          
           
             
             
               His
               Lordship
               began
               his
               Defence
               in
               substance
               as
               followeth
               :
            
             
               I
               confess
               I
               am
               Charged
               with
               Treason
               by
               the
               Honourable
               House
               of
               Commons
               ,
               and
               that
               is
               my
               greatest
               grief
               ;
               for
               if
               it
               were
               not
               an
               Arrow
               
               sent
               out
               of
               that
               Quiver
               ,
               it
               would
               not
               be
               so
               heavy
               as
               it
               is
               ,
               but
               as
               it
               comes
               from
               them
               it
               pierces
               my
               heart
               through
               ;
               not
               with
               Guilt
               ,
               yet
               with
               Grief
               ,
               that
               in
               my
               Grey
               hairs
               I
               should
               be
               mis-understood
               by
               the
               Companions
               of
               my
               Youth
               ,
               with
               whom
               I
               have
               formerly
               spent
               so
               much
               time
               .
            
             
               If
               the
               Decree
               be
               just
               (
               as
               it
               is
               most
               just
               )
               I
               hope
               it
               will
               go
               very
               far
               in
               the
               Case
               .
            
             
               That
               whereas
               it
               is
               said
               it
               was
               against
               a
               Peer
               ,
               Justice
               excepts
               not
               persons
               ,
               and
               I
               know
               no
               Priviledge
               Peers
               have
               in
               point
               of
               possession
               of
               Land
               above
               common
               persons
               .
            
             
               The
               Act
               of
               Parliament
               read
               the
               other
               day
               ,
               against
               which
               ,
               it
               is
               supposed
               to
               be
               made
               ,
               I
               conceive
               it
               to
               be
               the
               Statute
               in
               H.
               6.
               time
               ,
               and
               desire
               your
               Lordships
               to
               remember
               ,
               that
               by
               the
               last
               words
               ,
               the
               King's
               Prerogative
               is
               saved
               .
            
             
               I
               have
               done
               nothing
               contrary
               to
               the
               Instructions
               in
               King
               Iames
               his
               time
               ,
               nor
               the
               Proclamation
               ,
               nor
               any
               thing
               ,
               but
               according
               to
               the
               Power
               of
               former
               Deputies
               .
            
             
               I
               acknowledge
               my
               Answer
               is
               mistaken
               ,
               in
               saying
               ,
               the
               Cause
               depended
               formerly
               in
               the
               Chancery
               ,
               which
               was
               not
               out
               of
               cunning
               ,
               but
               a
               meer
               failing
               of
               memory
               .
            
             
               I
               desire
               my
               Commission
               may
               be
               read
               ,
               whereby
               it
               will
               appear
               I
               had
               Power
               to
               do
               that
               for
               which
               I
               am
               now
               questioned
               .
            
             
               The
               Commission
               was
               read
               ,
               whereby
               he
               had
               Authority
               to
               proceed
               
                 Secundum
                 consuetudines
                 terrae
                 ,
                 &c.
              
               
            
             
               From
               whence
               he
               observed
               ,
               That
               having
               so
               great
               a
               Power
               ,
               the
               receiving
               of
               a
               Petition
               ,
               and
               giving
               Relief
               to
               a
               poor
               body
               ,
               should
               not
               be
               so
               great
               a
               fault
               ,
               being
               at
               the
               most
               ,
               but
               the
               exceeding
               of
               a
               Jurisdiction
               ,
               but
               by
               no
               Construction
               can
               be
               made
               Treason
               .
            
             
               That
               yet
               this
               is
               no
               exceeding
               of
               a
               Jurisdiction
               ,
               but
               was
               a
               Power
               always
               in
               the
               Deputies
               before
               his
               time
               ,
               and
               warranted
               .
            
             
               To
               prove
               it
               ,
               he
               produced
               the
               printed
               Instructions
               ,
               whereby
               the
               Deputy
               and
               Council-Table
               are
               forbid
               to
               meddle
               with
               common
               businesses
               within
               Cognizance
               of
               ordinary
               Courts
               ,
               nor
               alter
               possession
               of
               Land
               ,
               nor
               make
               private
               Orders
               ,
               or
               Hearings
               ,
               nor
               make
               Injunctions
               for
               staying
               Suits
               in
               any
               Civil
               Cause
               .
            
             
               Which
               shews
               ,
               that
               that
               course
               was
               in
               practise
               before
               the
               Instructions
               took
               it
               away
               ,
               
                 (
                 viz.
              
               )
               to
               alter
               Possessions
               ,
               to
               grant
               Injunctions
               ,
               &c.
               
               To
               prove
               by
               Witnesses
               ,
               that
               this
               Power
               was
               always
               exercised
               by
               the
               Deputy
               in
               the
               nature
               of
               a
               Court
               of
               Requests
               in
               England
               .
            
             
               He
               offered
               my
               Lord
               Primate
               of
               Armagh
               his
               Deposition
               ,
               being
               taken
               ,
               by
               reason
               of
               his
               sickness
               ,
               by
               vertue
               of
               an
               Order
               of
               their
               Lordships
               ;
               but
               for
               that
               the
               Commons
               had
               liberty
               by
               that
               Order
               to
               cross-examine
               ,
               and
               yet
               had
               no
               notice
               thereof
               ,
               or
               of
               the
               Depositions
               so
               taken
               ;
               the
               using
               of
               these
               Depositions
               was
               waved
               ,
               after
               much
               debate
               ,
               till
               the
               next
               day
               ,
               in
               the
               mean
               time
               the
               Commons
               may
               cross-examine
               .
            
             
             
               
                 Henry
                 Dillon
              
               asked
               ,
               Whether
               Petitions
               have
               been
               usually
               preferred
               to
               the
               Deputies
               ,
               and
               in
               how
               many
               Governors
               time
               he
               hath
               known
               it
               to
               be
               so
               ,
               That
               these
               Paper-Petitions
               have
               been
               preferred
               .
            
             
               He
               Answered
               ,
               His
               Father
               had
               a
               Lease
               during
               his
               own
               life
               and
               his
               Wives
               ,
               and
               the
               longer
               liver
               of
               them
               ,
               and
               fifteen
               years
               after
               to
               his
               Executors
               and
               Administrators
               ,
               which
               he
               the
               said
               
                 Henry
                 Dillon
              
               (
               being
               come
               to
               full
               age
               )
               enquired
               into
               ;
               and
               looking
               upon
               his
               Fathers
               Evidences
               ,
               he
               found
               a
               business
               there
               depending
               between
               Sir
               Patrick
               Plaintiff
               ,
               and
               his
               Father
               Defendant
               ,
               before
               my
               Lord
               Chichester
               ,
               in
               the
               time
               of
               his
               Government
               ;
               and
               he
               found
               several
               Orders
               under
               my
               Lord
               Chichesters
               Hand
               in
               that
               Cause
               ,
               that
               he
               being
               Executor
               to
               
                 Maurice
                 Fitzgerard
              
               ,
               and
               having
               occasion
               to
               peruse
               his
               Writings
               ,
               to
               see
               what
               Debts
               were
               due
               to
               him
               ,
               he
               found
               among
               them
               several
               Orders
               of
               my
               Lord
               
               Grandison's
               time
               ,
               one
               Petition
               of
               Fitzgerard
               ,
               as
               well
               for
               Debts
               as
               for
               Land.
               That
               in
               the
               time
               of
               my
               Lord
               Faulkland
               he
               observed
               ,
               and
               hath
               seen
               several
               Orders
               made
               by
               his
               Lordship
               ,
               and
               one
               made
               on
               behalf
               of
               his
               Sister
               
                 Mary
                 Dillon
              
               ,
               for
               a
               Portion
               paid
               by
               his
               Father
               ,
               and
               he
               recovered
               the
               portion
               ,
               and
               received
               the
               Money
               .
            
             
               That
               in
               the
               time
               of
               my
               Lord
               of
               Corke
               and
               Lord
               of
               Elyes
               being
               Governors
               ,
               there
               was
               a
               Petition
               preferred
               against
               him
               ,
               by
               my
               Lord
               of
               Longford
               ,
               for
               a
               Horse
               taken
               by
               him
               the
               said
               
                 Henry
                 Dillon
              
               ,
               as
               Sheriff
               of
               the
               County
               of
               Longford
               ,
               pretending
               it
               to
               be
               a
               stray
               ,
               and
               belonging
               to
               His
               Majesty
               ,
               and
               triable
               ,
               as
               he
               conceived
               ,
               in
               the
               Exchequer
               ,
               and
               that
               he
               did
               appear
               ,
               but
               my
               Lord
               of
               Longford
               died
               before
               Examination
               .
            
             
               Being
               asked
               ,
               Whether
               the
               Causes
               were
               before
               the
               Deputy
               alone
               ,
               or
               the
               Deputy
               and
               Council
               .
            
             
               He
               Answered
               ,
               That
               in
               the
               time
               of
               my
               Lord
               Chichester
               he
               knows
               not
               whether
               they
               were
               before
               the
               Deputy
               alone
               ,
               but
               he
               found
               only
               my
               Lord
               
               Chichester's
               Hand
               to
               the
               Orders
               .
               In
               my
               Lord
               
               Grandison's
               time
               he
               saw
               his
               Hand
               only
               ,
               but
               where
               the
               Causes
               depended
               he
               knows
               not
               .
            
             
               But
               that
               in
               my
               Lord
               
               Faulkland's
               time
               ,
               was
               only
               by
               my
               Lord-Deputy
               :
               That
               of
               my
               Lord
               Corkes
               and
               Lord
               of
               Elyes
               ,
               he
               remembers
               not
               whether
               it
               was
               before
               their
               Lordships
               and
               the
               Council
               ;
               but
               the
               way
               he
               was
               called
               to
               Answer
               was
               by
               Pursevant
               ,
               before
               he
               had
               notice
               of
               the
               Suit.
               
            
             
               Being
               asked
               ,
               Whether
               Examinations
               were
               taken
               .
            
             
               He
               Answered
               ,
               That
               in
               the
               Case
               of
               his
               Sister
               ,
               he
               conceives
               there
               were
               Examinations
               taken
               upon
               Oath
               .
            
             
               And
               that
               in
               the
               Cause
               before
               my
               Lord
               of
               Corke
               and
               Lord
               of
               Ely
               the
               Attachment
               was
               under
               the
               Hands
               of
               the
               two
               Lords
               Justices
               alone
               .
            
             
               Being
               asked
               on
               the
               Managers
               motion
               ,
               Whether
               he
               hath
               any
               of
               those
               Orders
               to
               shew
               .
            
             
               He
               Answered
               ,
               He
               knows
               not
               whether
               those
               in
               my
               Lord
               
               Chichester's
               time
               were
               delivered
               to
               my
               Lord
               Dun
               ,
               on
               composing
               the
               Difference
               ,
               or
               in
               his
               Custody
               .
            
             
               Robert
               Lord
               Dillon
               was
               asked
               ,
               What
               he
               heard
               my
               Lord
               Grandison
               say
               in
               maintenance
               of
               this
               Judicature
               by
               my
               Lord-Deputy
               alone
               .
            
             
             
               He
               Answered
               ,
               That
               he
               heard
               my
               Lord
               Grandison
               himself
               say
               nothing
               of
               it
               ,
               but
               he
               heard
               by
               others
               ,
               that
               he
               pretended
               to
               it
               as
               a
               Judicature
               belōnging
               to
               the
               Sword.
               
            
             
               Being
               asked
               what
               he
               hath
               known
               of
               the
               practice
               of
               this
               Court
               before
               the
               Lord
               Deputy
               alone
               ,
               before
               how
               many
               Deputies
               ;
               and
               upon
               what
               occasions
               :
            
             
               He
               Answered
               ,
               That
               he
               hath
               seen
               divers
               Orders
               of
               Deputies
               ,
               or
               Petitions
               ,
               singly
               signed
               by
               themselves
               ,
               and
               no
               other
               hand
               but
               the
               Deputies
               .
            
             
               Being
               asked
               in
               how
               many
               Deputies
               times
               ;
            
             
               He
               Answered
               ,
               That
               he
               hath
               seen
               of
               my
               Lord
               Faulklands
               ,
               and
               Lord
               Grandisons
               ,
               and
               to
               his
               best
               remembrance
               (
               but
               he
               will
               not
               peremptorily
               say
               it
               )
               of
               my
               Lord
               Chichesters
               .
            
             
               Being
               asked
               of
               the
               Earl
               of
               Bathes
               motion
               ,
               whether
               he
               hath
               known
               them
               to
               proceed
               upon
               Petition
               for
               matters
               of
               Land.
               
            
             
               He
               Answered
               ,
               He
               never
               knew
               any
               .
            
             
               Being
               asked
               on
               Mr.
               Maynards
               motion
               ,
               whether
               they
               were
               Orders
               of
               Reference
               ,
               or
               by
               consent
               ;
            
             
               He
               Answered
               ,
               He
               remembers
               one
               more
               particularly
               ,
               and
               it
               was
               an
               Order
               of
               my
               Lord
               of
               Faulklands
               ,
               of
               reference
               to
               my
               
                 Lord
                 Angier
              
               ,
               that
               was
               Master
               of
               the
               Rolls
               ;
               and
               was
               for
               a
               Debt
               .
            
             
               Being
               asked
               on
               my
               Lord
               of
               Straffords
               motion
               ,
               whether
               Sir
               
                 Paul
                 Davis
              
               Clerk
               of
               the
               Council
               ,
               do
               not
               ordinarily
               examine
               on
               Oath
               ;
               and
               thereupon
               Causes
               come
               to
               publication
               .
            
             
               He
               Answered
               ,
               The
               Clerk
               of
               the
               Council
               hath
               a
               Commission
               for
               taking
               Oath
               ,
               and
               wheresoever
               the
               Deputy
               requires
               ,
               he
               is
               to
               take
               Oath
               ;
               but
               whether
               
                 de
                 facto
              
               he
               took
               Oath
               on
               those
               former
               Orders
               ,
               he
               remembers
               not
               .
               And
               whether
               he
               takes
               Oath
               in
               things
               determined
               by
               the
               Deputy
               alone
               ,
               he
               knows
               nothing
               of
               it
               .
               But
               it
               is
               the
               common
               course
               of
               proceedings
               ,
               when
               there
               is
               an
               Order
               for
               an
               Attachment
               ,
               an
               Oath
               is
               taken
               of
               course
               ,
               that
               the
               party
               is
               in
               contempt
               .
            
             
               Being
               asked
               on
               Mr.
               Whitlocks
               motion
               ,
               how
               anciently
               Commission
               hath
               been
               granted
               to
               the
               Clerk
               of
               the
               Council
               to
               take
               an
               Oath
               .
            
             
               He
               Answered
               ,
               He
               doth
               not
               know
               ;
               but
               knoweth
               ,
               that
               since
               he
               had
               the
               Honour
               to
               sit
               at
               the
               Board
               ,
               they
               have
               had
               them
               ,
               and
               that
               is
               12
               or
               13
               years
               .
            
             
               Being
               asked
               whether
               he
               hath
               known
               in
               matters
               of
               Equity
               ,
               or
               Title
               of
               Land
               ,
               any
               determination
               by
               any
               other
               Deputy
               alone
               ;
               And
               whether
               my
               Lord
               of
               Strafford
               hath
               not
               done
               it
               in
               many
               Cases
               :
            
             
               He
               answered
               to
               the
               first
               ,
               That
               he
               doth
               not
               remember
               any
               particular
               Case
               of
               it
               :
               To
               the
               second
               ,
               That
               he
               never
               knew
               my
               Lord
               of
               Strafford
               ,
               with
               his
               Remembrance
               ,
               meddle
               with
               matters
               of
               Law
               ;
               but
               for
               matters
               of
               Equity
               ,
               to
               his
               Remembrance
               he
               hath
               .
            
             
               And
               this
               my
               Lord
               of
               Strafford
               confessed
               ,
               this
               being
               in
               the
               Court
               of
               Requests
               is
               to
               the
               Chancery
               .
            
             
               To
               prove
               that
               the
               Clerks
               of
               the
               Council
               have
               power
               to
               examine
               on
               Oath
               ,
               an
               Order
               was
               read
               to
               the
               Lord
               Chancellor
               from
               the
               Lord
               Faulkland
               ,
               for
               drawing
               up
               a
               Commission
               to
               enable
               Sir
               
                 William
                 Usher
              
               for
               taking
               Affidavits
               ,
               and
               ministring
               Oaths
               in
               all
               Causes
               wherein
               the
               Lord
               Deputy
               or
               the
               Board
               ,
               &c.
               
            
             
             
               His
               Lordship
               came
               to
               shew
               that
               the
               Instructions
               were
               so
               much
               mistaken
               ,
               that
               they
               were
               never
               observed
               by
               the
               Deputy
               ,
               Judges
               of
               Assize
               ,
               Presidents
               
               of
               Provincial
               ,
               &c.
               nor
               could
               the
               poor
               Irish
               be
               debarred
               from
               remedy
               on
               Petitions
               ,
               without
               occasioning
               an
               universal
               out-cry
               ,
               being
               not
               acquainted
               with
               Legal
               forms
               ,
               and
               beggarly
               ;
               and
               the
               man
               that
               came
               against
               my
               Lord
               Mountnorris
               ,
               was
               
                 in
                 forma
                 Pauperis
              
               .
            
             
               To
               prove
               this
               ,
               my
               Lord
               of
               Straffords
               Book
               of
               Entries
               was
               mentioned
               ,
               and
               an
               Order
               of
               my
               Lord
               Faulklands
               made
               in
               Iune
               1629.
               which
               is
               after
               ,
               the
               Instructions
               being
               in
               1622.
               and
               being
               affirmed
               by
               my
               Lord
               Wilmott
               to
               be
               under
               my
               Lord
               Faulklands
               hand
               ,
               it
               was
               read
               :
            
             
               Containing
               a
               Petition
               ,
               which
               set
               forth
               the
               Petitioners
               disturbance
               in
               his
               Possession
               of
               certain
               Lands
               by
               Sir
               
                 Iames
                 Fitzgerard
              
               ,
               contrary
               to
               a
               former
               Order
               ,
               and
               assaulting
               and
               beating
               the
               Petitioner
               and
               his
               Tenants
               ,
               &c.
               
            
             
               And
               my
               Lord
               of
               Faulklands
               Warrant
               thereupon
               for
               Sir
               Iames
               his
               appearance
               ,
               to
               Answer
               the
               Contempt
               ;
               and
               for
               the
               Sheriffs
               keeping
               the
               Petitioner
               in
               possession
               .
            
             
               He
               produced
               another
               Order
               of
               my
               Lord
               of
               
                 Faulklands
                 ,
                 August
              
               20.
               1626.
               being
               for
               Attaching
               divers
               persons
               that
               had
               not
               paid
               Provisions
               for
               the
               Deputies
               Houshold
               .
            
             
               He
               produced
               another
               Order
               made
               on
               
                 Walter
                 Dennotts
              
               Petition
               ,
               October
               1624.
               for
               direction
               to
               certain
               Debtors
               to
               pay
               some
               moneys
               due
               .
            
             
               Being
               a
               Warrant
               to
               examine
               the
               truth
               of
               the
               Plaintiffs
               demands
               ;
               and
               a
               Command
               to
               the
               Debtors
               to
               pay
               what
               's
               due
               ,
               or
               give
               better
               Security
               ,
               else
               to
               appear
               ,
               to
               shew
               cause
               to
               the
               contrary
               ;
               the
               same
               being
               grounded
               upon
               Letters
               out
               of
               England
               in
               the
               Petitioners
               behalf
               .
            
             
               He
               produced
               an
               Order
               of
               my
               Lord
               of
               Corke
               ,
               and
               Lord
               of
               Ely
               ,
               affirmed
               by
               the
               
                 Lord
                 Corke
              
               to
               be
               under
               his
               hand
               ,
               on
               Petition
               of
               
                 Henry
                 Iawant
              
               :
               The
               Order
               being
               a
               Reference
               to
               the
               Lord
               Primate
               ;
               and
               to
               take
               Order
               for
               the
               Petitioners
               Relief
               as
               by
               a
               former
               Order
               of
               Reference
               was
               directed
               .
            
             
               And
               whereas
               it
               may
               be
               objected
               that
               these
               were
               in
               Church
               Causes
               ,
               or
               Plantation
               Causes
               ,
               His
               Lordship
               observed
               ,
               That
               these
               Orders
               were
               made
               
               by
               the
               Deputy
               and
               Justices
               alone
               ,
               without
               the
               Council
               ,
               though
               by
               the
               Instructions
               ,
               the
               Deputy
               ought
               not
               to
               meddle
               with
               such
               Causes
               ,
               without
               the
               Council
               .
            
             
               He
               then
               offered
               to
               shew
               ,
               that
               this
               Practice
               of
               hearing
               business
               on
               Paper
               Petitions
               ,
               is
               used
               by
               the
               Presidents
               in
               their
               Provincial
               Courts
               ,
               and
               by
               the
               Judges
               in
               their
               Circuits
               ,
               by
               Commissions
               from
               the
               Deputy
               ;
               whence
               his
               Lordship
               observed
               ,
               That
               if
               the
               Deputies
               have
               Power
               to
               Authorize
               ,
               they
               have
               likewise
               Power
               to
               Execute
               ;
               and
               he
               offered
               to
               this
               purpose
               ,
               my
               Lord
               Ranulagh's
               Answer
               at
               Council-Board
               ,
               under
               Mr.
               Mewtis
               his
               hand
               .
            
             
               Here
               the
               Manager
               observed
               ,
               That
               my
               Lord
               of
               Strafford
               is
               charged
               with
               
               Exorbitant
               using
               of
               the
               Law
               ,
               and
               cannot
               be
               justified
               with
               others
               breaking
               of
               the
               Law
               ;
               besides
               ,
               it
               is
               neither
               in
               the
               Charge
               ,
               nor
               in
               his
               Answer
               .
            
             
             
               My
               Lord
               of
               Strafford
               answered
               ,
               That
               he
               offered
               this
               only
               to
               shew
               ,
               that
               he
               is
               no
               Innovator
               of
               the
               Law
               ,
               further
               than
               others
               before
               him
               ;
               and
               to
               shew
               that
               the
               Instructions
               were
               mistaken
               in
               that
               point
               ,
               and
               could
               not
               be
               observed
               ,
               nor
               can
               they
               without
               much
               detriment
               to
               the
               Commonwealth
               ,
               yea
               that
               they
               have
               broken
               them
               ,
               and
               that
               he
               only
               hath
               observed
               them
               .
            
             
               And
               so
               this
               matter
               was
               laid
               aside
               ,
               as
               not
               fully
               pertinent
               to
               the
               Charge
               .
            
             
               His
               Lordship
               in
               the
               next
               place
               observed
               ,
               That
               as
               the
               Case
               stands
               with
               
               the
               Government
               and
               People
               of
               Ireland
               ,
               there
               is
               a
               necessity
               that
               this
               Power
               that
               hath
               been
               thus
               at
               all
               times
               in
               the
               Deputies
               ,
               should
               still
               remain
               there
               ,
               for
               relief
               of
               the
               poorer
               sort
               of
               People
               ,
               who
               are
               not
               able
               to
               undergo
               the
               long
               Circuit
               of
               Legal
               Proceedings
               ,
               nor
               are
               acquainted
               with
               them
               ;
               and
               must
               be
               drawn
               to
               it
               by
               Degrees
               ;
               and
               that
               the
               Plaintiff
               in
               this
               Cause
               was
               a
               Suitor
               
                 in
                 forma
                 pauperis
              
               ;
               That
               it
               is
               a
               great
               assistance
               to
               the
               Merchants
               ,
               where
               they
               may
               recover
               their
               Debts
               suddenly
               ,
               and
               not
               lose
               their
               occasions
               ,
               and
               their
               benefit
               by
               increase
               of
               Trade
               ;
               That
               some
               Reports
               being
               raised
               ,
               as
               if
               he
               had
               neglected
               the
               poorer
               sort
               of
               People
               ,
               and
               not
               given
               Redress
               as
               former
               Deputies
               have
               done
               ,
               he
               advertised
               it
               over
               to
               His
               Majesty
               ,
               and
               fully
               informed
               Him
               of
               the
               Proceedings
               and
               Instructions
               ,
               and
               desired
               His
               Majesties
               Pleasure
               ;
               which
               was
               declared
               by
               a
               Letter
               under
               His
               Majesties
               Signet
               ,
               received
               October
               6.
               the
               Ninth
               year
               of
               the
               King
               ,
               and
               to
               himself
               directed
               ,
               which
               was
               read
               ;
               Wherein
               recital
               is
               made
               of
               the
               Instructions
               ,
               1622.
               and
               particularly
               in
               the
               point
               of
               Judicature
               by
               the
               Deputies
               ,
               That
               it
               is
               necessary
               to
               uphold
               such
               Power
               ,
               especially
               for
               relief
               of
               the
               poorer
               sort
               there
               ,
               as
               formerly
               had
               been
               used
               ;
               And
               Power
               is
               thereby
               to
               him
               given
               ,
               (
               notwithstanding
               any
               former
               Directions
               ,
               Proclamation
               ,
               or
               Restraint
               )
               to
               hear
               and
               determine
               such
               Causes
               as
               shall
               be
               brought
               before
               him
               ,
               according
               to
               the
               Power
               of
               former
               Deputies
               ,
               yet
               not
               to
               meddle
               with
               Titles
               of
               Free-hold
               ,
               except
               in
               Cases
               of
               Equity
               ;
               but
               to
               refer
               Title
               of
               Free-hold
               to
               its
               proper
               Judicature
               ,
               and
               not
               to
               hear
               Causes
               where
               there
               is
               Priority
               in
               other
               Courts
               ,
               unless
               in
               case
               of
               Appeal
               for
               lack
               of
               Justice
               ,
               after
               due
               Obedience
               :
               Power
               likewise
               (
               the
               said
               Rules
               observed
               )
               to
               call
               before
               him
               any
               person
               complained
               of
               ,
               and
               therein
               to
               make
               such
               Order
               and
               Decree
               as
               shall
               stand
               with
               Justice
               ,
               and
               to
               cause
               the
               same
               to
               be
               put
               in
               Execution
               .
               Dated
               October
               5.
               9
               
               Car.
               
            
             
               He
               then
               offered
               the
               first
               Decree
               in
               the
               Cause
               to
               be
               read
               ,
               that
               had
               formerly
               been
               read
               ,
               having
               relation
               to
               this
               ,
               bearing
               date
               May
               23.
               1636.
               
            
             
               And
               the
               same
               was
               read
               ,
               being
               Signed
               
                 Wentworth
                 .
                 Gerard
                 Lowther
              
               ,
               &c.
               
            
             
               Whence
               his
               Lordship
               observed
               ,
               That
               the
               Order
               was
               made
               for
               Relief
               
               of
               a
               poor
               man
               ,
               where
               my
               Lord
               of
               Mountnorris
               had
               by
               Violence
               ,
               and
               extream
               hard
               pressure
               ,
               possest
               himself
               of
               Lands
               worth
               200
               l.
               a
               year
               ,
               never
               paying
               out
               of
               his
               Purse
               above
               30
               l.
               the
               rest
               arising
               on
               a
               Letter
               procured
               for
               Sawing
               Mills
               ,
               and
               by
               interest
               at
               above
               20
               in
               the
               hundred
               ;
               wherein
               his
               Lordship
               had
               the
               Assistance
               of
               two
               Reverend
               and
               Learned
               Judges
               ,
               the
               Chancellor
               that
               now
               is
               ,
               and
               Sir
               
                 Gerard
                 Lowther
              
               ,
               That
               the
               Decree
               is
               in
               every
               part
               just
               and
               equitable
               ;
               and
               if
               he
               had
               not
               given
               relief
               ,
               he
               had
               been
               justly
               censured
               ,
               That
               the
               party
               is
               now
               in
               Town
               ,
               and
               means
               to
               complain
               ,
               and
               Sue
               for
               600
               l.
               more
               than
               he
               is
               yet
               allowed
               .
            
             
             
               The
               Committee
               declared
               ,
               they
               insist
               not
               on
               the
               merit
               of
               the
               Cause
               ,
               as
               not
               being
               material
               .
            
             
               And
               so
               my
               Lord
               of
               Strafford
               observed
               ,
               That
               he
               stands
               justified
               by
               the
               Kings
               Letter
               ,
               which
               makes
               things
               differ
               from
               what
               they
               did
               formerly
               ,
               and
               shew
               ,
               that
               the
               Power
               was
               there
               before
               ,
               and
               is
               now
               restored
               .
            
             
               His
               Lordship
               further
               added
               ,
               that
               his
               Practice
               in
               exercising
               Jurisdiction
               ,
               was
               conformable
               to
               that
               Letter
               ,
               viz.
               That
               he
               medled
               not
               with
               Title
               of
               Land
               triable
               at
               Law
               ,
               nor
               with
               Causes
               which
               had
               priority
               of
               Suit
               in
               other
               Courts
               ;
               That
               he
               referred
               the
               business
               of
               the
               Provincial
               Courts
               to
               these
               Courts
               ,
               and
               many
               businesses
               to
               the
               Judges
               of
               Assize
               ,
               and
               none
               determined
               by
               him
               ,
               but
               upon
               full
               Hearing
               and
               Assistance
               of
               the
               Judges
               .
            
             
               And
               whereas
               it
               is
               said
               ,
               my
               Lord
               Mountnorris
               was
               kept
               in
               Prison
               by
               reason
               of
               not
               Suing
               out
               the
               Pardon
               on
               his
               Sentence
               pronounced
               by
               the
               Council
               of
               War
               ,
               I
               will
               make
               it
               appear
               it
               was
               for
               Contempts
               ,
               in
               refusing
               to
               answer
               a
               Bill
               Exhibited
               against
               him
               on
               the
               Kings
               behalf
               ,
               in
               the
               Castle-Chamber
               .
            
             
               Mr.
               Slingsby
               being
               asked
               touching
               that
               point
               ;
            
             
               Answered
               ,
               That
               he
               did
               constantly
               wait
               on
               my
               Lord
               to
               the
               Castle-Chamber
               ,
               and
               there
               heard
               the
               Information
               of
               the
               Kings
               Attorney
               against
               my
               Lord
               Mountnorris
               read
               ,
               and
               my
               Lord
               Mountnorris
               was
               called
               to
               Answer
               it
               several
               times
               ,
               and
               was
               committed
               to
               Prison
               for
               not
               Answering
               it
               ;
               but
               he
               cannot
               precisely
               speak
               to
               the
               time
               ,
               but
               he
               thinks
               he
               was
               left
               in
               Prison
               upon
               that
               ,
               till
               my
               Lords
               going
               into
               England
               .
            
             
               Sir
               
                 Adam
                 Loftus
              
               asked
               touching
               the
               same
               point
               ,
               did
               first
               make
               his
               humble
               Suit
               that
               he
               might
               not
               be
               Examined
               in
               any
               Cause
               concerning
               my
               Lord
               Mountnorris
               ,
               for
               some
               reasons
               inducing
               him
               thereunto
               .
            
             
               Which
               my
               Lord
               of
               Strafford
               said
               was
               ,
               because
               Sir
               Adam
               succeeded
               my
               Lord
               Mountnorris
               in
               the
               place
               of
               Vice-Treasurer
               ;
               and
               being
               required
               (
               if
               that
               were
               all
               )
               to
               speak
               notwithstanding
               :
            
             
               He
               Answered
               ,
               That
               he
               conceives
               he
               was
               Committed
               for
               not
               answering
               the
               Information
               ;
               but
               the
               precise
               day
               of
               his
               Commitment
               ,
               and
               the
               time
               how
               long
               ,
               he
               cannot
               well
               remember
               .
            
             
               Being
               asked
               ,
               whether
               he
               was
               not
               brought
               before
               the
               Deputy
               a
               day
               or
               two
               before
               he
               came
               away
               ,
               and
               refused
               to
               Answer
               ,
               and
               was
               thereupon
               Committed
               :
            
             
               He
               Answered
               ,
               That
               it
               was
               true
               .
            
             
               Being
               asked
               on
               the
               Managers
               motion
               ,
               whether
               he
               was
               not
               Committed
               on
               the
               old
               Sentence
               ,
               and
               remained
               in
               Prison
               on
               that
               ;
            
             
               He
               Answered
               ,
               That
               he
               doth
               not
               know
               .
            
             
               If
               I
               had
               time
               to
               produce
               the
               Orders
               of
               the
               Castle-Chamber
               ,
               I
               could
               make
               
               it
               appear
               when
               my
               Lord
               Mountnorris
               was
               Committed
               ,
               and
               how
               long
               he
               continued
               so
               ;
               but
               he
               was
               Committed
               for
               that
               Contempt
               ,
               and
               remained
               Committed
               six
               Months
               ,
               I
               think
               ,
               before
               he
               would
               Answer
               ;
               which
               I
               would
               not
               speak
               if
               it
               were
               not
               true
               .
            
             
               The
               Lord
               Dillon
               called
               ,
               and
               asked
               to
               the
               same
               purpose
               :
            
             
               He
               Answered
               ,
               That
               the
               Judges
               of
               the
               Castle-Chamber
               are
               by
               Commission
               ,
               and
               that
               he
               is
               not
               of
               that
               Commission
               .
               That
               the
               Deputy
               ,
               or
               
               Chief
               Governour
               ,
               calls
               by
               way
               of
               Assistance
               ,
               such
               as
               he
               pleases
               .
               That
               he
               heard
               at
               Council-Board
               ,
               my
               Lord
               Mountnorris
               was
               Committed
               for
               a
               Contempt
               ,
               in
               not
               answering
               in
               the
               Star-Chamber
               ;
               but
               when
               it
               began
               ,
               or
               how
               long
               ,
               he
               knows
               not
               .
            
             
               In
               Execution
               of
               this
               Jurisdiction
               ,
               I
               had
               no
               private
               advantage
               to
               my
               
               self
               ,
               nothing
               but
               trouble
               was
               gained
               by
               it
               ,
               no
               new
               thing
               was
               done
               ,
               but
               such
               as
               was
               formerly
               by
               all
               the
               Chief
               Governours
               there
               ;
               and
               such
               as
               I
               had
               special
               Warrant
               for
               from
               His
               Majesty
               .
               I
               have
               observed
               the
               Rules
               that
               guide
               others
               in
               Chancery
               ,
               and
               other
               Courts
               of
               Equity
               ,
               and
               the
               Judges
               in
               their
               Circuits
               :
               Therefore
               it
               can
               be
               no
               Subversion
               of
               the
               Laws
               ;
               for
               the
               same
               thing
               done
               by
               others
               hath
               been
               Legally
               done
               ,
               it
               differs
               only
               in
               respect
               of
               place
               ,
               being
               before
               my self
               ;
               and
               so
               cannot
               be
               Treason
               :
               And
               though
               it
               might
               be
               Illegal
               here
               ,
               yet
               it
               is
               according
               to
               the
               Laws
               and
               Customs
               of
               Ireland
               ,
               by
               which
               I
               am
               to
               be
               judged
               for
               all
               things
               there
               done
               .
               And
               the
               same
               is
               done
               by
               the
               Presidents
               of
               the
               North
               ,
               and
               of
               Wales
               ;
               who
               did
               familiarly
               receive
               Petitions
               from
               Poor
               people
               that
               cannot
               seek
               remedy
               by
               a
               Legal
               course
               ;
               and
               yet
               it
               is
               not
               Treason
               in
               England
               :
               And
               it
               cannot
               sink
               into
               my
               understanding
               ,
               how
               the
               enlargement
               of
               a
               Jurisdiction
               should
               be
               strained
               to
               High
               Treason
               ;
               specially
               being
               warranted
               by
               ancient
               Practice
               ,
               and
               modern
               Authority
               ,
               being
               only
               according
               to
               the
               nature
               of
               a
               Court
               of
               Requests
               ,
               and
               not
               entrenching
               on
               the
               Jurisdiction
               of
               Law
               Courts
               .
               And
               so
               I
               hope
               this
               will
               never
               rise
               up
               in
               Judgment
               against
               me
               as
               Treason
               ,
               either
               in
               it self
               ,
               or
               by
               way
               of
               Application
               .
            
          
           
             
               The
               Manager
               began
               his
               Reply
               ,
               in
               substance
               as
               followeth
               :
            
             
               Whereas
               my
               Lord
               of
               Strafford
               says
               ,
               This
               is
               not
               Treason
               ;
               this
               is
               the
               
               burden
               of
               his
               Song
               :
               But
               this
               is
               one
               of
               the
               particulars
               that
               prove
               his
               design
               to
               subvert
               the
               fundamental
               Laws
               of
               both
               Kingdoms
               ;
               He
               will
               not
               acknowledge
               a
               cumulative
               Treason
               ,
               he
               must
               have
               a
               Treason
               over
               Shooes
               and
               Boots
               ;
               yet
               if
               he
               will
               look
               on
               it
               all
               together
               ,
               he
               shall
               see
               the
               horridness
               of
               it
               ,
               and
               it
               will
               prove
               as
               great
               a
               Treason
               as
               ever
               was
               presented
               to
               a
               House
               of
               Parliament
               .
            
             
               The
               Manager
               opened
               the
               Article
               ,
               and
               said
               ,
               they
               dispute
               not
               whether
               if
               it
               had
               been
               done
               in
               Chancery
               ,
               or
               other
               Courts
               ,
               it
               had
               been
               well
               done
               ;
               but
               it
               is
               done
               by
               him
               without
               Rule
               of
               Law
               ;
               and
               hereupon
               he
               hath
               drawn
               to
               himself
               an
               Arbitrary
               Power
               .
            
             
               Whereas
               my
               Lord
               of
               Strafford
               ,
               to
               take
               from
               himself
               the
               Act
               of
               Parliament
               28
               H.
               6.
               enjoyning
               ,
               That
               Causes
               should
               be
               referred
               to
               the
               proper
               Courts
               ,
               urged
               the
               last
               words
               ,
               [
               Saving
               the
               Kings
               Prerogative
               ]
               We
               do
               observe
               ,
               That
               when
               he
               is
               Charged
               with
               an
               Exorbitant
               proceeding
               ,
               to
               the
               destruction
               of
               the
               Law
               ;
               he
               flies
               to
               the
               Kings
               Prerogative
               for
               shelter
               .
            
             
               That
               to
               mention
               the
               Kings
               Prerogative
               in
               the
               face
               of
               the
               Peers
               of
               the
               Realm
               ,
               and
               in
               presence
               of
               all
               the
               Commons
               ,
               when
               he
               is
               charged
               with
               an
               Exorbitant
               proceeding
               ,
               to
               the
               Subversion
               of
               the
               Laws
               ,
               is
               but
               to
               cast
               a
               Scandal
               upon
               the
               Kings
               Prerogative
               ,
               and
               to
               make
               it
               have
               a
               worse
               relish
               ;
               whereas
               the
               Law
               supports
               the
               Kings
               Prerogative
               ,
               and
               the
               Subject
               supports
               it
               .
            
             
               When
               his
               Answer
               is
               charged
               not
               to
               be
               according
               to
               Truth
               ,
               he
               casts
               a
               Gloss
               upon
               it
               ,
               from
               the
               easiness
               of
               his
               being
               mistaken
               ;
               whereas
               ,
               when
               he
               
               is
               able
               to
               justifie
               it
               ,
               he
               glories
               in
               it
               ,
               as
               that
               whereto
               he
               must
               stand
               or
               fall
               .
            
             
               That
               the
               Letters
               Patents
               which
               my
               Lord
               of
               Strafford
               produces
               ,
               rise
               in
               Judgment
               against
               him
               ;
               for
               the
               King
               hath
               trusted
               him
               
                 ad
                 custodiendas
                 leges
                 Regni
              
               ,
               and
               therefore
               if
               he
               hath
               broken
               through
               them
               ,
               he
               hath
               broken
               his
               Trust.
               
            
             
               He
               says
               ,
               It
               is
               strange
               the
               exceeding
               of
               Jurisdiction
               should
               be
               laid
               to
               his
               charge
               as
               Treason
               ;
               He
               is
               charged
               with
               the
               Subverting
               of
               the
               Law
               ,
               and
               that
               's
               more
               than
               the
               Exceeding
               of
               a
               Power
               .
               He
               read
               the
               Instructions
               to
               warrant
               his
               Act
               ;
               and
               by
               these
               the
               Commons
               desire
               to
               be
               judged
               ,
               whether
               they
               do
               not
               in
               the
               Negative
               say
               ,
               there
               shall
               be
               no
               such
               Proceeding
               before
               the
               Deputy
               ;
               and
               yet
               he
               will
               imply
               ,
               there
               have
               been
               proceedings
               to
               the
               contrary
               ,
               which
               we
               cannot
               see
               .
            
             
               He
               justifies
               his
               Proceedings
               by
               former
               Deputies
               ,
               and
               hath
               produced
               
                 Henry
                 Dillon
              
               ,
               who
               hath
               seen
               several
               Proceedings
               in
               Sir
               
                 Henry
                 Bagnalls
              
               time
               ,
               and
               others
               ,
               where
               Orders
               have
               been
               made
               by
               the
               Deputy
               alone
               ,
               but
               the
               Orders
               themselves
               are
               not
               brought
               ;
               whereas
               if
               they
               were
               looked
               on
               ,
               and
               consideration
               had
               what
               results
               out
               of
               them
               ,
               their
               Lordships
               would
               not
               have
               suffered
               them
               to
               be
               read
               ,
               without
               Attestation
               that
               they
               were
               true
               Copies
               .
               But
               now
               whether
               they
               be
               entred
               or
               no
               ,
               or
               what
               other
               Proceedings
               there
               were
               ,
               the
               Witness
               doth
               not
               know
               ;
               and
               therefore
               they
               are
               no
               Evidence
               ,
               nor
               in
               truth
               ought
               to
               be
               offered
               :
               And
               the
               Witness
               being
               asked
               what
               the
               Orders
               were
               ,
               he
               says
               ,
               one
               was
               a
               Reference
               ,
               and
               whether
               Witnesses
               were
               examined
               ,
               he
               says
               ,
               he
               doth
               not
               know
               .
            
             
               He
               produces
               my
               Lord
               Dillon
               ;
               and
               we
               offer
               to
               be
               adjudged
               by
               him
               ;
               for
               he
               says
               ,
               He
               knew
               not
               any
               Deputy
               before
               my
               Lord
               of
               Strafford
               ,
               that
               hath
               intermeddled
               with
               matters
               of
               Land
               ,
               except
               in
               Plantation
               and
               Church
               Causes
               ;
               and
               this
               Order
               is
               charged
               to
               be
               made
               by
               him
               alone
               .
            
             
               He
               pretends
               this
               is
               a
               Court
               ,
               and
               a
               Prerogative
               of
               the
               Sword.
               
            
             
               We
               know
               not
               whether
               my
               Lord
               of
               Strafford
               intends
               to
               keep
               it
               by
               force
               ;
               but
               whereas
               he
               produceth
               a
               Commission
               for
               giving
               Oath
               to
               the
               Clerk
               of
               the
               Council
               ;
               this
               Commission
               needed
               not
               if
               it
               were
               a
               Court
               ,
               for
               the
               Court
               it self
               would
               give
               an
               Oath
               ;
               and
               whereas
               he
               mentions
               it
               to
               be
               in
               the
               nature
               of
               the
               Court
               of
               Requests
               ,
               we
               would
               gladly
               know
               ,
               whether
               there
               be
               not
               Authority
               in
               the
               Judge
               to
               give
               an
               Oath
               .
            
             
               He
               produces
               several
               Orders
               in
               my
               Lord
               of
               
               Faulkland's
               time
               ,
            
             
               The
               first
               is
               expresly
               for
               Plantation
               Lands
               ;
               and
               there
               was
               no
               determination
               in
               Equity
               ,
               or
               otherwise
               .
            
             
               The
               second
               Order
               he
               produced
               in
               my
               Lord
               
               Faulkland's
               time
               ,
               was
               a
               meer
               Green-cloth
               Case
               ,
               and
               nothing
               to
               this
               purpose
               .
            
             
               The
               third
               Order
               produced
               ,
               was
               in
               a
               business
               recommended
               from
               England
               to
               my
               Lord
               of
               Faulkland
               ,
               and
               such
               Causes
               as
               are
               out
               of
               the
               Instructions
               excepted
               .
            
             
               The
               Order
               in
               the
               Lord
               of
               
               Corke's
               time
               ,
               was
               but
               an
               Order
               of
               Reference
               to
               the
               Archbishop
               ;
               and
               a
               Reference
               is
               no
               Determination
               ,
               a
               private
               person
               may
               do
               as
               much
               .
            
             
               So
               that
               we
               observe
               ,
               nothing
               hath
               been
               offered
               to
               prove
               ,
               that
               a
               Deputy
               alone
               hath
               determined
               matter
               of
               Possession
               ;
               and
               in
               this
               we
               rest
               with
               confidence
               ,
               That
               none
               ever
               did
               before
               himself
               ;
               and
               shall
               therefore
               desire
               the
               Examination
               of
               some
               Privy-Counsellors
               .
            
             
               He
               produced
               a
               Letter
               from
               His
               Majesty
               to
               proceed
               in
               such
               Causes
               :
               But
               if
               by
               Law
               it
               ought
               not
               to
               be
               ,
               then
               a
               Letter
               ,
               and
               Authority
               derived
               thereby
               ,
               is
               void
               ,
               and
               warrants
               not
               Proceeding
               in
               the
               Subject
               ;
               the
               Letter
               was
               as
               just
               
               as
               might
               be
               ,
               being
               obtained
               on
               his
               Information
               ,
               to
               whose
               Government
               and
               Trust
               His
               Majesty
               had
               committed
               the
               Kingdom
               ;
               and
               if
               he
               mis-inform
               ,
               he
               must
               Answer
               it
               .
               And
               the
               Letter
               is
               written
               with
               caution
               ,
               giving
               Authority
               to
               proceed
               in
               matter
               of
               Equity
               ,
               as
               former
               Deputies
               had
               done
               ;
               and
               if
               it
               be
               not
               proved
               that
               his
               Predecessors
               had
               used
               such
               Proceedings
               ,
               where
               is
               his
               Authority
               ?
            
             
               He
               says
               ,
               he
               hath
               proceeded
               according
               to
               the
               direction
               of
               the
               Kings
               Letter
               ;
               that
               is
               ,
               he
               never
               determined
               Title
               of
               Land
               but
               in
               Equity
               ;
               and
               when
               such
               Causes
               have
               come
               to
               him
               ,
               he
               hath
               referred
               them
               to
               Law
               ,
               which
               we
               are
               forced
               to
               disprove
               that
               ,
               by
               offering
               it
               under
               his
               own
               hand
               ,
               that
               whereas
               a
               Nobleman
               of
               the
               Realm
               ,
               my
               Lord
               of
               Baltinglas
               ,
               had
               mortgaged
               to
               Sir
               
                 Robert
                 Parkhurst
              
               ,
               for
               3000
               l.
               Land
               of
               a
               1000
               l.
               year
               :
               when
               Sir
               Robert
               had
               Title
               at
               Law
               ,
               and
               might
               as
               Mortgagor
               ,
               have
               entred
               after
               the
               day
               past
               ,
               Sir
               Robert
               prefers
               a
               Petition
               to
               my
               Lord
               of
               Strafford
               himself
               ,
               and
               he
               without
               the
               Council
               ,
               determines
               the
               Possession
               ,
               and
               takes
               it
               from
               the
               Mortgagee
               ,
               and
               afterwards
               he
               purchases
               the
               Lands
               himself
               ,
               and
               letts
               them
               for
               680
               and
               odd
               pounds
               a
               year
               .
            
             
               For
               my
               Lord
               Mountnorris
               his
               Imprisonment
               ,
               the
               Manager
               said
               ,
               That
               when
               his
               distressed
               Lady
               ,
               the
               Mother
               of
               Twelve
               Children
               ,
               Petitioned
               His
               Majesty
               ,
               declaring
               the
               great
               Distress
               her
               Husband
               suffered
               by
               the
               Tyrannical
               Power
               exercised
               over
               them
               ;
               His
               Majesty
               like
               a
               Gracious
               Prince
               ,
               referred
               it
               to
               the
               consideration
               of
               the
               Deputy
               ,
               That
               on
               submission
               he
               should
               deliver
               him
               out
               of
               Prison
               .
               But
               when
               the
               poor
               Lady
               presented
               it
               with
               Tears
               in
               her
               Eyes
               ,
               and
               cast
               her self
               at
               his
               Feet
               ,
               though
               there
               was
               a
               Reference
               from
               His
               Majesty
               ;
               yet
               he
               ,
               that
               would
               at
               another
               time
               shelter
               himself
               under
               the
               Kings
               Prerogative
               ,
               refuses
               to
               give
               so
               much
               Respect
               as
               to
               entertain
               it
               ;
               and
               when
               the
               eldest
               Son
               came
               ,
               refused
               to
               accept
               it
               .
            
             
               Another
               of
               the
               Managers
               added
               ,
               That
               whereas
               there
               is
               a
               restriction
               in
               the
               Kings
               Letter
               ,
               That
               the
               Earl
               of
               Strafford
               should
               not
               meddle
               with
               any
               thing
               in
               other
               Courts
               ,
               they
               would
               shew
               ,
               that
               after
               two
               Decrees
               in
               a
               Court
               ,
               my
               Lord
               hath
               on
               a
               Petition
               ,
               Decreed
               quite
               contrary
               ;
               and
               it
               was
               no
               Beggars
               Cause
               ,
               but
               a
               Knights
               ,
               and
               5000
               l.
               value
               :
               That
               to
               the
               Kings
               Letter
               they
               will
               give
               all
               Reverence
               .
            
             
               But
               if
               my
               Lord
               of
               Strafford
               had
               found
               such
               a
               constant
               practice
               to
               be
               proved
               ,
               he
               needed
               no
               Letter
               to
               set
               up
               the
               Jurisdiction
               that
               was
               in
               him
               before
               ;
               That
               this
               Letter
               under
               the
               Signet
               ,
               can
               give
               no
               Countenance
               against
               an
               Act
               of
               Parliament
               ;
               which
               Orders
               ,
               That
               the
               Deputy
               shall
               not
               meddle
               with
               Causes
               ,
               but
               remit
               them
               to
               their
               proper
               Courts
               ;
               and
               no
               other
               Exposition
               can
               be
               given
               of
               the
               saving
               of
               the
               Kings
               Prerogative
               ,
               but
               only
               a
               reservation
               of
               His
               Liberty
               to
               Sue
               in
               any
               Courts
               ,
            
             
               And
               for
               him
               to
               seek
               by
               mis-information
               ,
               to
               procure
               a
               Letter
               from
               His
               Majesty
               ,
               for
               a
               Power
               not
               warrantable
               by
               Law
               ,
               he
               conceives
               it
               an
               Abuse
               of
               His
               Majesty
               ,
               and
               that
               makes
               his
               fault
               the
               greater
               ;
               and
               he
               instanced
               in
               the
               Marquess
               of
               Dublin
               ,
               who
               for
               procuring
               Letters
               Patents
               under
               the
               Great
               Seal
               ,
               to
               exercise
               a
               Power
               against
               Law
               ,
               was
               complained
               of
               in
               Parliament
               ,
               and
               had
               Judgment
               for
               it
               ,
               among
               other
               things
               ,
               of
               High
               Treason
               .
            
             
             
               They
               proceeded
               to
               Proof
               .
               And
               first
               ,
            
             
               The
               Earl
               of
               Corke
               being
               asked
               ,
               whether
               before
               my
               Lord
               of
               Straffords
               
               time
               ,
               he
               hath
               known
               the
               Deputy
               ,
               or
               Justices
               alone
               ,
               determine
               any
               matter
               of
               Land
               ,
               in
               Equity
               or
               otherwise
               ;
            
             
               He
               Answered
               ,
               He
               remembers
               not
               any
               ,
               except
               in
               cases
               of
               the
               Church
               and
               Plantation
               .
            
             
               The
               Lord
               Ranulagh
               being
               asked
               to
               that
               point
               ,
               
            
             
               Answered
               ,
               Never
               any
               to
               his
               knowledge
               ;
               having
               been
               of
               the
               Table
               two
               and
               twenty
               years
               .
            
             
               Sir
               
                 Adam
                 Loftus
              
               being
               asked
               to
               the
               same
               point
               ,
            
             
               Answered
               ,
               He
               remembers
               not
               any
               ;
               having
               been
               a
               Privy-Counsellor
               
               20
               years
               .
            
             
               The
               Lord
               Mountnorris
               being
               asked
               to
               that
               point
               ,
            
             
               Answered
               ,
               He
               never
               knew
               any
               ,
               having
               been
               a
               Privy-Counsellor
               since
               
               14
               Iac.
               and
               lived
               in
               Ireland
               38
               years
               ;
               That
               he
               was
               there
               all
               the
               time
               of
               my
               Lord
               Chichester
               ,
               or
               very
               near
               ;
               and
               was
               so
               acquainted
               with
               his
               proceedings
               ,
               that
               he
               dare
               engage
               himself
               for
               all
               he
               is
               worth
               ,
               that
               the
               Lord
               Chichester
               never
               put
               any
               such
               Order
               under
               his
               hand
               .
            
             
               The
               Earl
               of
               Bath
               Sworn
               ,
               and
               asked
               to
               that
               point
               ;
            
             
               Answered
               ,
               That
               he
               hath
               often
               heard
               the
               Deputy
               in
               cases
               of
               Debt
               ,
               
               for
               relief
               of
               poor
               men
               ,
               hath
               proceeded
               alone
               ;
               but
               in
               cases
               of
               Land
               he
               never
               heard
               of
               any
               .
            
             
               To
               take
               off
               Henry
               Dillon's
               Testimony
               ,
               the
               Manager
               alledged
               ,
               That
               he
               had
               been
               Sentenced
               at
               the
               Council-Board
               ,
               for
               speaking
               untruths
               .
            
             
               My
               Lord
               of
               Strafford
               desired
               the
               Exception
               might
               not
               be
               made
               ;
               some
               
               Exceptions
               by
               him
               made
               to
               Witnesses
               against
               him
               ,
               being
               not
               admitted
               ;
               and
               that
               there
               might
               be
               
                 unum
                 pondus
                 ,
                 una
                 mensura
              
               .
            
             
               The
               Manager
               Answered
               ,
               
                 In
                 eodem
                 genere
                 Mali.
              
               This
               Exception
               is
               not
               
               for
               Extortion
               ,
               or
               collateral
               matters
               ,
               but
               for
               Perjury
               .
            
             
               Thereupon
               his
               Acknowledgment
               was
               read
               ;
               wherein
               he
               confesses
               he
               had
               highly
               transgressed
               against
               the
               Honour
               of
               His
               Majesty
               and
               the
               Board
               ,
               in
               presuming
               to
               declare
               apparent
               untruths
               .
            
             
               And
               that
               such
               an
               Acknowledgment
               was
               made
               ,
               was
               testified
               by
               Sir
               
                 Adam
                 Loftus
              
               ,
               and
               likewise
               by
               the
               Lord
               Dillon
               ,
               who
               shewed
               their
               Lordships
               the
               occasion
               thereof
               .
            
             
               To
               the
               matter
               of
               my
               Lord
               Mountnorris
               his
               Imprisonment
               ,
               it
               was
               offered
               under
               my
               Lord
               of
               Straffords
               own
               hand
               ,
               to
               shew
               that
               it
               was
               partly
               upon
               the
               Sentence
               ,
               December
               24.
               1636.
               
            
             
               My
               Lord
               of
               Strafford
               not
               denying
               it
               to
               be
               his
               hand
               ,
               it
               was
               read
               ,
               being
               a
               Reference
               upon
               my
               Lord
               Mountnorris
               his
               Petition
               ,
               and
               in
               substance
               as
               followeth
               .
            
             
             
               That
               for
               the
               Petitioners
               restraint
               more
               than
               twelve
               months
               ,
               he
               hath
               no
               body
               to
               blame
               but
               himself
               ,
               that
               hath
               all
               that
               space
               lain
               under
               a
               deserved
               censure
               of
               the
               Council
               of
               War
               ,
               and
               stood
               in
               Contempts
               ,
               and
               trifled
               with
               the
               Court
               of
               Castle-Chamber
               .
            
             
               That
               His
               Majesties
               removal
               of
               the
               Sentence
               hath
               been
               often
               signified
               ,
               but
               never
               sued
               forth
               ;
               That
               the
               Petitioner
               did
               to
               the
               same
               effect
               ,
               Petition
               the
               Lord
               Deputy
               in
               May
               last
               ,
               and
               therefore
               all
               the
               Answer
               that
               for
               the
               present
               can
               be
               given
               ,
               is
               ,
               that
               his
               most
               gracious
               Pardon
               seeks
               no
               man
               ,
               nor
               can
               His
               Majesty
               remit
               all
               of
               that
               Sentence
               to
               be
               applied
               to
               the
               Petitioners
               benefit
               ,
               till
               by
               his
               humble
               suit
               he
               procured
               His
               Majesties
               Pardon
               under
               the
               Great
               Seal
               ,
               &c.
               which
               taking
               the
               usual
               way
               ,
               and
               humbly
               acknowledging
               the
               justness
               of
               that
               Sentence
               ,
               he
               may
               have
               ,
               &c.
               
            
             
               A
               Petition
               was
               then
               read
               ,
               directed
               to
               the
               Earl
               of
               Strafford
               from
               my
               Lord
               Mountnorris
               .
            
             
               Praying
               a
               Warrant
               for
               a
               Pardon
               under
               the
               Great
               Seal
               ,
               according
               to
               the
               Law
               and
               the
               purport
               of
               His
               Majesties
               directions
               ;
               if
               his
               Lordship
               shall
               conceive
               His
               Majesties
               Letters
               (
               on
               which
               the
               Lord
               Mountnorris
               relied
               as
               sufficient
               )
               did
               not
               amount
               to
               a
               Legal
               Pardon
               .
            
             
               
                 
                   
                     
                       Then
                       was
                       read
                       my
                       Lord
                       of
                       Straffords
                       Answer
                       .
                    
                     
                       
                         Dublin
                         ,
                         Ianuary
                      
                       30.
                       1636.
                       
                       When
                       the
                       Petitioner
                       shall
                       prefer
                       his
                       Petition
                       for
                       the
                       said
                       Pardon
                       ,
                       acknowledging
                       the
                       justness
                       of
                       the
                       Sentence
                       pronounced
                       against
                       him
                       by
                       the
                       Council
                       of
                       War
                       ,
                       we
                       shall
                       take
                       his
                       Request
                       into
                       our
                       further
                       consideration
                       .
                    
                     
                       
                         Wentworth
                         .
                      
                    
                  
                
              
            
             
               Whence
               one
               of
               the
               Managers
               observed
               ,
               That
               the
               King
               directs
               a
               Pardon
               to
               be
               drawn
               ;
               and
               till
               the
               Sentence
               be
               acknowledged
               to
               be
               just
               ,
               no
               
               consideration
               shall
               be
               taken
               ,
               and
               that
               the
               Preamble
               of
               the
               Pardon
               recites
               as
               much
               ;
               and
               he
               would
               not
               suffer
               it
               to
               be
               Sealed
               till
               this
               Acknowledgment
               passed
               .
            
             
               Then
               was
               produced
               the
               Lady
               Mountnorris
               her
               Petition
               to
               His
               Majesty
               ,
               referred
               to
               the
               Lord
               Strafford
               .
            
             
               Mr.
               Anslowe
               Sworn
               ,
               attested
               the
               truth
               of
               the
               Copy
               ;
               and
               it
               was
               
               read
               .
            
             
               Setting
               forth
               her
               Sorrow
               on
               behalf
               of
               her
               Husband
               ,
               suffering
               in
               Honour
               ,
               Health
               ,
               and
               Imprisonment
               ,
               for
               a
               word
               mis-interpreted
               ,
               and
               still
               pursued
               in
               the
               Castle-Chamber
               ;
               and
               humbly
               praying
               a
               Command
               for
               his
               coming
               into
               England
               ,
               &c.
               
            
             
               His
               Majesties
               Reference
               to
               my
               Lord
               of
               
                 Strafford
                 ,
                 Iuly
              
               18.
               1636.
               
            
             
               His
               Majesty
               is
               pleased
               ,
               That
               on
               such
               a
               Submission
               as
               the
               Lord
               Deputy
               shall
               approve
               of
               ,
               he
               shall
               have
               his
               Liberty
               to
               come
               into
               England
               ;
               wherein
               the
               Lord
               Deputy
               is
               to
               take
               notice
               ,
               and
               to
               give
               Order
               therein
               accordingly
               .
            
             
               Mr.
               Anslowe
               being
               asked
               ,
               whether
               this
               was
               brought
               to
               the
               Deputy
               by
               the
               Lady
               Mountnorris
               ;
               and
               whether
               he
               did
               not
               reject
               it
               :
            
             
             
               He
               Answered
               ,
               That
               he
               was
               by
               when
               my
               Lady
               Mountnorris
               presented
               the
               Petition
               ,
               she
               was
               humbly
               on
               her
               Knees
               to
               desire
               my
               Lord
               of
               Strafford
               to
               receive
               it
               :
               And
               he
               refused
               absolutely
               to
               receive
               it
               from
               her
               .
            
             
               They
               then
               produced
               the
               Order
               in
               a
               Cross
               Suit
               ,
               
                 in
                 t
                 .
                 Robert
                 Parkhurst
              
               Plaintiff
               ,
               and
               the
               Lord
               
                 Baltinglasse
                 ,
                 &
                 al.
              
               Defendants
               ,
               
                 Et
                 e
                 contra
              
               .
            
             
               The
               Order
               was
               read
               ,
               whereby
               certain
               Lands
               for
               3000
               l.
               paid
               at
               several
               times
               to
               the
               Viscount
               ,
               and
               300
               l.
               more
               to
               be
               paid
               afterwards
               ,
               were
               setled
               with
               Sir
               
                 Robert
                 Parkhurst
              
               .
            
             
               
                 William
                 Brettergh
              
               Sworn
               ,
               was
               Interrogated
               touching
               my
               Lord
               Baltinglasse
               
               his
               Possession
               of
               the
               said
               Lands
               ,
               and
               his
               dispossessing
               thereof
               .
            
             
               He
               Answered
               ,
               That
               he
               was
               Sollicitor
               for
               prosecuting
               of
               this
               Cause
               ,
               and
               made
               Defence
               of
               it
               in
               behalf
               of
               my
               Lord
               of
               Baltinglasse
               ,
               being
               then
               in
               England
               :
               But
               at
               the
               time
               of
               the
               Decree
               ,
               his
               Lordship
               was
               come
               over
               ;
               That
               his
               Lordship
               never
               made
               Answer
               to
               it
               ;
               but
               when
               the
               Cause
               came
               to
               hearing
               ,
               my
               Lord
               of
               Strafford
               ordered
               the
               Possession
               of
               the
               Land
               against
               my
               Lord
               Baltinglasse
               ;
               and
               the
               Possession
               before
               was
               in
               one
               Grimble
               ,
               who
               was
               Tenant
               .
               And
               that
               he
               could
               speak
               many
               other
               things
               concerning
               the
               carriage
               of
               it
               .
            
             
               Mr.
               Glyn
               desired
               the
               Witness
               might
               be
               examined
               touching
               my
               Lord
               
               of
               Straffords
               purchase
               of
               those
               Lands
               ;
               and
               offered
               the
               Articles
               whereby
               my
               Lord
               of
               Strafford
               leased
               the
               Land
               for
               28
               years
               ,
               and
               at
               666
               
                 l.
                 per
                 annum
              
               .
            
             
               My
               Lord
               of
               Strafford
               confest
               thereupon
               ,
               that
               he
               had
               it
               ,
               but
               it
               was
               
               in
               Trust
               for
               a
               Noble
               Person
               .
            
             
               The
               Manager
               observed
               ,
               That
               whether
               it
               was
               for
               a
               Friend
               ,
               or
               himself
               ,
               it
               is
               equal
               ;
               for
               a
               man
               will
               do
               a
               courtesie
               for
               his
               Friend
               ,
               as
               soon
               
               as
               for
               himself
               ;
               And
               so
               he
               concluded
               his
               Reply
               ,
               hoping
               that
               their
               Lordships
               were
               satisfied
               ,
               that
               he
               hath
               introduced
               an
               Innovation
               ;
               and
               being
               so
               ,
               that
               he
               hath
               exercised
               a
               Tyrannical
               Power
               over
               the
               Estates
               of
               His
               Majesties
               Subjects
               .
            
          
           
             
               To
               such
               parts
               thereof
               as
               was
               new
               matter
               ,
               my
               Lord
               of
               Strafford
               replied
               ,
               in
               substance
               as
               followeth
               .
            
             
               I
               desire
               that
               these
               matters
               that
               come
               on
               me
               suddenly
               ,
               and
               being
               no
               part
               
               of
               my
               Charge
               ,
               may
               not
               stick
               with
               Your
               Lordships
               .
            
             
               In
               the
               business
               of
               my
               Lord
               of
               Baltinglasse
               ,
               I
               remember
               little
               ,
               only
               that
               my
               Lord
               Baltinglasse
               had
               forfeited
               his
               Estate
               to
               Sir
               
                 Robert
                 Parkhurst
              
               ,
               who
               had
               a
               clear
               and
               free
               Estate
               in
               the
               Land
               ,
               by
               Fine
               and
               Recovery
               ,
               and
               divers
               Conveyances
               ;
               The
               Lord
               Baltinglasse
               desired
               me
               to
               take
               the
               hearing
               of
               the
               Cause
               ,
               to
               see
               if
               I
               could
               procure
               from
               Sir
               
                 Robert
                 Parkhurst
              
               ,
               a
               further
               sum
               of
               money
               :
               The
               Order
               was
               made
               with
               both
               their
               likings
               ;
               and
               my
               Lord
               Baltinglasse
               was
               content
               to
               perfect
               the
               whole
               Estate
               .
               Sir
               
                 Robert
                 Parkhurst
              
               was
               in
               Possession
               at
               that
               time
               ,
               not
               the
               Lord
               Baltinglasse
               ;
               That
               seeing
               no
               cause
               to
               relieve
               him
               in
               Equity
               ,
               they
               left
               him
               to
               seek
               relief
               in
               other
               places
               .
               That
               afterwards
               an
               Agreement
               was
               made
               ,
               300
               l.
               received
               by
               the
               Lord
               Baltinglasse
               ;
               and
               after
               100
               l.
               more
               got
               to
               
               be
               given
               ,
               and
               so
               there
               was
               a
               full
               Conveyance
               and
               Acquittance
               from
               Father
               and
               Son
               ,
               That
               himself
               hath
               no
               Interest
               in
               it
               ,
               but
               only
               of
               Trust
               to
               anothers
               use
               .
            
             
               For
               that
               which
               was
               offered
               against
               the
               Jurisdiction
               ;
               the
               Proofs
               are
               Negative
               ,
               and
               contradict
               not
               what
               I
               have
               offered
               ;
               And
               if
               I
               might
               shew
               my
               Lord
               of
               Faulklands
               Book
               of
               Entries
               ,
               I
               could
               produce
               as
               much
               done
               by
               my
               Lord
               Faulkland
               alone
               ,
               1623.
               
               Attachments
               against
               Body
               and
               Goods
               ,
               Hearings
               between
               Parties
               and
               Parties
               ,
               Warrants
               for
               Distresses
               ,
               Warrants
               to
               the
               Sheriff
               for
               Possession
               of
               Lands
               ,
               Injunctions
               to
               Judges
               of
               Assize
               .
            
             
               For
               my
               Lord
               Mountnorris
               his
               Imprisonment
               ,
               I
               desire
               Your
               Lordships
               to
               observe
               ,
               that
               His
               Majesties
               Reference
               is
               ,
               That
               I
               shall
               not
               set
               him
               at
               liberty
               without
               a
               Submission
               ,
               so
               that
               he
               may
               thank
               himself
               for
               his
               Restraint
               .
            
             
               For
               my
               Carriage
               to
               the
               Lady
               Mountnorris
               at
               the
               delivering
               the
               Petition
               ,
               I
               desire
               Your
               Lordships
               to
               hear
               a
               Witness
               .
            
             
               Who
               being
               asked
               to
               that
               purpose
               ,
            
             
               Answered
               ,
               That
               he
               was
               present
               when
               my
               Lady
               Mountnorris
               was
               once
               with
               my
               Lord
               ,
               but
               knows
               not
               whether
               that
               were
               the
               time
               in
               question
               .
               It
               was
               about
               1636.
               
               That
               he
               was
               present
               when
               her
               Son
               delivered
               one
               before
               ;
               which
               my
               Lord
               would
               receive
               ,
               but
               her
               Son
               would
               not
               deliver
               the
               Reference
               ,
               but
               a
               Copy
               ,
               being
               so
               Commanded
               by
               his
               Lady
               Mother
               .
            
             
               That
               when
               my
               Lady
               delivered
               it
               on
               her
               Knees
               ,
               my
               Lord
               told
               her
               ,
               She
               had
               done
               him
               the
               greatest
               Injury
               she
               could
               devise
               ;
               and
               that
               if
               she
               had
               broke
               his
               Head
               ,
               she
               should
               have
               pleased
               him
               better
               .
            
             
               Being
               asked
               ,
               whether
               my
               Lord
               rejected
               the
               Petition
               ;
            
             
               He
               Answered
               ,
               That
               he
               cannot
               certainly
               remember
               what
               was
               done
               with
               it
               ;
               but
               my
               Lord
               said
               ,
               he
               could
               not
               do
               any
               thing
               on
               a
               Copy
               .
            
             
               The
               Lord
               Viscount
               Dillon
               being
               asked
               to
               the
               same
               point
               ,
            
             
               Answered
               ,
               He
               was
               by
               when
               my
               Lady
               Mountnorris
               came
               to
               my
               Lord
               to
               the
               Covent-Garden
               ,
               with
               a
               Petition
               in
               her
               hand
               ,
               and
               kneeled
               to
               my
               Lord
               ,
               but
               my
               Lord
               desired
               her
               to
               rise
               ,
               and
               offering
               the
               Petition
               ,
               he
               said
               ,
               he
               would
               not
               meddle
               with
               any
               Petition
               at
               that
               time
               ;
               That
               my
               Lord
               was
               going
               abroad
               ,
               and
               led
               her
               to
               her
               Coach
               in
               Civility
               ,
               but
               received
               not
               the
               Petition
               .
            
             
               My
               Lord
               of
               Strafford
               professeth
               ,
               these
               things
               be
               so
               long
               past
               ,
               that
               he
               remembers
               them
               not
               well
               ,
               nor
               whether
               she
               offered
               a
               Copy
               the
               second
               
               time
               .
            
             
               The
               Manager
               did
               here
               observe
               ,
               That
               he
               acknowledged
               the
               Civility
               of
               my
               Lord
               of
               Strafford
               in
               this
               point
               ;
               but
               there
               is
               one
               point
               sticks
               with
               him
               ,
               
               as
               higher
               than
               any
               offered
               ,
               and
               then
               their
               Lordships
               may
               think
               he
               goes
               high
               enough
               ;
               That
               there
               hath
               been
               proved
               my
               Lord
               of
               Straffords
               Tyrannical
               .
               Proceedings
               on
               the
               Life
               and
               Fortune
               of
               my
               Lord
               Mountnorris
               ;
               One
               step
               more
               ,
               the
               Manager
               said
               he
               had
               heard
               off
               ,
               and
               that
               was
               his
               Soul
               ,
               and
               that
               sticks
               with
               him
               more
               than
               any
               thing
               else
               ,
               He
               kept
               him
               in
               Prison
               till
               he
               should
               acknowledge
               the
               justness
               of
               a
               Sentence
               ,
               which
               in
               his
               Heart
               he
               abhorred
               ,
               and
               held
               unjust
               ;
               That
               all
               former
               Tyrants
               ,
               when
               they
               would
               proceed
               against
               a
               man
               ,
               have
               found
               out
               two
               false
               Witnesses
               ;
               but
               when
               a
               man
               shall
               be
               made
               a
               false
               Witness
               against
               himself
               ,
               it
               is
               much
               more
               Tyrannical
               .
               
               And
               he
               wished
               this
               Design
               had
               kept
               only
               in
               Ireland
               ,
               and
               had
               not
               come
               into
               England
               ,
               which
               he
               hopes
               shall
               be
               so
               no
               more
               .
            
             
               And
               so
               after
               a
               short
               Reply
               to
               the
               two
               particulars
               last
               mentioned
               ,
               the
               Manager
               closed
               the
               6th
               Article
               ,
               conceiving
               that
               it
               remains
               as
               was
               offered
               ,
               That
               my
               Lord
               of
               Strafford
               hath
               determined
               things
               contrary
               to
               the
               Commission
               and
               Authority
               obtained
               from
               His
               Majesty
               .
            
             
               The
               Manager
               added
               ,
               That
               for
               the
               present
               the
               Commons
               will
               pass
               by
               the
               7th
               Article
               ,
               and
               proceed
               to
               the
               8th
               ,
               concerning
               Arbitrary
               Power
               over
               the
               Estates
               of
               the
               Kings
               Subjects
               ;
               And
               of
               that
               ,
               the
               last
               part
               ,
               only
               concerning
               the
               Lady
               Hibbott
               .
            
             
               But
               my
               Lord
               of
               Strafford
               professing
               his
               disability
               to
               endure
               the
               Toil
               ;
               
               and
               that
               he
               was
               ready
               to
               drop
               down
               ,
               in
               respect
               of
               his
               much
               sickness
               and
               weakness
               ,
               and
               desiring
               their
               Lordships
               to
               turn
               the
               case
               inward
               ,
               and
               to
               see
               in
               the
               Closet
               of
               their
               own
               Hearts
               ,
               if
               there
               be
               not
               reason
               ,
               that
               being
               upon
               his
               Life
               ,
               his
               Honour
               ,
               and
               Children
               ,
               and
               all
               he
               hath
               ,
               he
               should
               not
               be
               prest
               further
               ;
               and
               setting
               forth
               how
               the
               rest
               of
               the
               day
               after
               his
               going
               hence
               ,
               is
               disposed
               of
               .
            
             
               The
               House
               was
               Adjourned
               till
               next
               day
               .
            
          
        
         
           
           
             The
             Fourth
             day
             .
             Thursday
             ,
             March
             26.
             1641.
             
          
           
             THE
             Eighth
             Article
             .
             
               The
               Charge
            
             .
          
           
           
             THat
             the
             said
             Earl
             of
             Strafford
             ,
             upon
             a
             Petition
             of
             Sir
             
               John
               Gifford
            
             
             Knight
             ,
             the
             first
             day
             of
             February
             ,
             in
             the
             said
             Thirteenth
             Year
             of
             his
             Majesties
             Reign
             ,
             without
             any
             Legal
             Process
             ,
             made
             a
             Decrée
             or
             Order
             against
             Adam
             Uiscount
             Loftus
             of
             Ely
             ,
             a
             Peer
             of
             the
             said
             Realm
             of
             Ireland
             ,
             and
             Lord
             Chancellor
             of
             Ireland
             ,
             and
             did
             cause
             the
             said
             Uiscount
             to
             be
             imprisoned
             ,
             and
             kept
             close
             Prisoner
             ,
             on
             pretence
             of
             Disobedience
             to
             the
             said
             Decree
             or
             Order
             .
          
           
             And
             the
             said
             Earl
             ,
             without
             any
             Authority
             ,
             and
             contrary
             to
             his
             Commission
             ,
             required
             and
             commanded
             the
             said
             Lord.
             Uiscount
             to
             yield
             up
             unto
             him
             the
             Great
             Seal
             of
             the
             Realm
             of
             Ireland
             ,
             which
             was
             then
             in
             his
             Custody
             ,
             by
             His
             Majesties
             Command
             ,
             and
             imprisoned
             the
             said
             Chancellor
             for
             not
             obeying
             such
             his
             Command
             .
          
           
             And
             without
             any
             Legal
             Proceeding
             ,
             did
             in
             the
             same
             Thirtéenth
             Year
             imprison
             George
             Earl
             of
             Kildare
             ,
             a
             Péer
             of
             Ireland
             ,
             against
             Law
             ,
             thereby
             to
             enforce
             him
             to
             submit
             his
             Title
             to
             the
             Mannor
             and
             Lordship
             of
             Castleleigh
             in
             the
             Quéens
             Country
             ,
             (
             being
             of
             great
             yearly
             value
             )
             to
             the
             said
             Earl
             of
             Strafford's
             Will
             and
             Pleasure
             ,
             and
             kept
             him
             a
             year
             Prisoner
             for
             the
             said
             cause
             ;
             two
             months
             whereof
             he
             kept
             him
             close-Prisoner
             ,
             and
             refused
             to
             enlarge
             him
             ,
             notwithstanding
             His
             Majesties
             Letters
             for
             his
             Enlargement
             to
             the
             said
             Earl
             of
             Strafford
             directed
             .
          
           
             And
             upon
             a
             Petition
             exhibited
             in
             
               October
               ,
               Anno
               Domini
            
             1635.
             by
             
               Thomas
               Hibbots
            
             ,
             against
             Dame
             
               Mary
               Hibbots
            
             Widow
             ,
             to
             him
             the
             said
             Earl
             of
             Strafford
             ;
             the
             said
             Earl
             of
             Strafford
             recommended
             the
             said
             Petition
             to
             the
             Council-Table
             of
             Ireland
             ,
             where
             the
             most
             part
             of
             the
             Council
             gave
             their
             Uote
             and
             Opinion
             for
             the
             said
             Lady
             ;
             but
             the
             said
             Earl
             finding
             fault
             herewith
             ,
             caused
             an
             Order
             to
             be
             entred
             against
             the
             said
             Lady
             ,
             and
             threatned
             her
             ,
             that
             if
             she
             refused
             to
             submit
             thereunto
             ,
             he
             would
             imprison
             her
             ,
             and
             fine
             her
             Five
             hundred
             pounds
             ;
             that
             if
             she
             continued
             obstinate
             ,
             he
             would
             continue
             her
             Imprisonment
             ,
             and
             double
             her
             fine
             every
             month
             ;
             by
             means
             whereof
             she
             was
             enforced
             to
             relinquish
             her
             
             Estate
             in
             the
             Lands
             questioned
             in
             the
             said
             Petition
             ,
             which
             shortly
             after
             were
             conveyed
             to
             Sir
             
               Robert
               Meredith
            
             ,
             to
             the
             use
             of
             the
             said
             Earl
             of
             Strafford
             .
          
           
             And
             the
             said
             Earl
             in
             like
             manner
             did
             imprison
             divers
             others
             of
             His
             Majesties
             Subjects
             ,
             upon
             pretence
             of
             Disobedience
             to
             his
             Orders
             ,
             Decrées
             ,
             and
             other
             illegal
             Command
             by
             him
             made
             for
             pretended
             Debts
             ,
             Titles
             of
             Lands
             ,
             and
             other
             Causes
             in
             an
             Arbitrary
             and
             extrajudicial
             course
             ,
             upon
             Paper-Petitions
             ,
             to
             him
             preferred
             ,
             and
             no
             Cause
             legally
             depending
             .
          
           
             
               The
               Article
               was
               opened
               by
               the
               Manager
               .
            
             
               THomas
               Hibbott's
               Petition
               to
               my
               Lord
               of
               Strafford
               was
               read
               ,
               setting
               forth
               ;
            
             
               That
               Sir
               Thomas
               Hibbot's
               being
               seized
               of
               certain
               Land
               ,
               conveyed
               the
               same
               to
               the
               use
               of
               himself
               for
               life
               ,
               after
               death
               to
               the
               Petitioner
               in
               Tail
               ,
               and
               divers
               Remainders
               over
               :
               That
               Sir
               Thomas
               of
               the
               said
               Lands
               became
               seized
               for
               life
               ,
               and
               died
               ,
               the
               Petitioner
               being
               in
               England
               ,
               and
               not
               knowing
               of
               the
               Conveyance
               .
               That
               Dame
               
                 Mary
                 Hibbots
                 ,
                 Iohn
                 Hoy
              
               her
               Son
               ,
               and
               others
               ,
               taking
               advantage
               of
               his
               absence
               ,
               combined
               to
               get
               the
               Deeds
               ,
               touching
               the
               Lands
               ,
               into
               their
               hands
               .
               That
               they
               caused
               one
               Booky
               to
               come
               into
               England
               to
               perswade
               the
               Petitioner
               to
               go
               into
               Ireland
               ,
               and
               he
               went
               accordingly
               ,
               and
               was
               brought
               to
               the
               place
               of
               the
               said
               Ladies
               abode
               ,
               who
               pretended
               that
               she
               had
               an
               estate
               in
               the
               Lands
               during
               life
               .
               That
               by
               this
               means
               ,
               before
               he
               could
               be
               advised
               ,
               he
               was
               drawn
               to
               contract
               for
               the
               Lands
               at
               half
               value
               ,
               and
               he
               entred
               into
               Bond
               to
               perform
               Agreements
               .
               That
               the
               Petitioner
               was
               more
               willing
               thereunto
               ,
               in
               respect
               of
               a
               desire
               to
               buy
               other
               Lands
               of
               Iohn
               Martin's
               ,
               and
               agreed
               for
               it
               ,
               and
               was
               to
               receive
               1800
               l.
               of
               the
               said
               Lady
               ,
               which
               Martin
               was
               to
               receive
               ,
               and
               the
               greatest
               part
               paid
               out
               at
               the
               time
               and
               place
               appointed
               .
               That
               a
               Deed-Poll
               was
               drawn
               from
               him
               to
               Seal
               to
               ,
               and
               acknowledge
               a
               Fine
               ,
               and
               deliver
               Security
               for
               great
               part
               of
               the
               purchase-money
               .
               That
               notwithstanding
               a
               Fine
               acknowledged
               ,
               and
               Security
               given
               up
               ,
               the
               Lady
               Hibbots
               refused
               to
               let
               Martin
               have
               the
               said
               money
               ,
               and
               so
               the
               Petitioner
               disappointed
               of
               the
               Bargain
               ;
               and
               therefore
               prays
               ,
               that
               the
               Evidences
               ,
               Deed-Poll
               ,
               Fine
               and
               Bond
               might
               be
               delivered
               up
               ,
               and
               the
               Agreement
               discharged
               ,
               being
               surreptitiously
               obtained
               .
            
             
               The
               Lord-Deputies
               Warrant
               was
               subscribed
               and
               read
               ,
               bearing
               Dated
               15.
               
               October
               ,
               1635.
               viz.
               
            
             
               That
               the
               Lady
               
                 Hibbot
                 ,
                 &c.
              
               should
               on
               sight
               thereof
               ,
               forthwith
               deliver
               the
               said
               Deeds
               ,
               &c.
               to
               Sir
               
                 Paul
                 Davis
              
               ,
               and
               to
               appear
               at
               Council-Table
               the
               20th
               of
               this
               instant
               October
               .
            
             
               The
               Manager
               observed
               ,
               That
               the
               Petition
               was
               preferred
               in
               the
               name
               of
               
                 Thomas
                 Hibbots
              
               ,
               though
               ,
               in
               truth
               ,
               he
               had
               never
               knowledge
               of
               the
               exhibiting
               
               of
               it
               ,
               and
               that
               the
               first
               Bargain
               with
               the
               Lady
               Hibbots
               was
               made
               22.
               
               September
               ,
               1635.
               the
               Petition
               exhibited
               15.
               
               October
               ,
               1635.
               
            
             
               The
               Decree
               was
               read
               ,
               
                 Iohn
                 Hoy
              
               attesting
               it
               to
               be
               a
               true
               Copy
               ,
               wherein
               the
               Petition
               is
               recited
               ,
               and
               the
               time
               ;
               and
               it
               is
               set
               forth
               ,
               that
               the
               Courts
               of
               Justice
               were
               not
               then
               open
               ,
               that
               the
               Petitioner
               being
               a
               Stranger
               ,
               it
               was
               not
               fit
               he
               should
               long
               attend
               .
               That
               the
               Defendants
               denied
               the
               fraud
               charged
               :
               To
               which
               the
               Plaintiff
               Replied
               ,
               the
               Defendants
               rejoin
               ,
               time
               given
               to
               examine
               Witnesses
               ,
               and
               a
               day
               for
               hearing
               set
               down
               .
               That
               at
               
               the
               hearing
               ,
               it
               appears
               the
               said
               Lady
               brake
               into
               her
               deceased
               Husbands
               Study
               ,
               possest
               her self
               of
               the
               Deeds
               and
               Writings
               .
               That
               Booky
               was
               sent
               over
               (
               as
               might
               be
               conceived
               )
               to
               circumvent
               the
               Plaintiff
               .
               That
               getting
               him
               to
               her
               house
               ,
               she
               contracted
               with
               him
               for
               1600
               l.
               before
               he
               knew
               of
               the
               value
               ;
               that
               understanding
               it
               to
               be
               worth
               2250
               l.
               he
               refused
               to
               proceed
               ,
               and
               then
               the
               Lady
               raised
               the
               price
               to
               2500
               l.
               That
               by
               not
               payment
               of
               a
               part
               of
               it
               ,
               the
               bargain
               with
               Mr.
               Martin
               (
               the
               cause
               of
               his
               treaty
               with
               the
               Lady
               )
               was
               disappointed
               .
               That
               the
               Lady
               pretended
               an
               Estate
               for
               life
               in
               the
               Lands
               ,
               when
               she
               had
               only
               an
               Estate
               in
               part
               for
               99
               years
               ,
               if
               she
               lived
               so
               long
               ,
               and
               no
               Estate
               in
               other
               parts
               thereof
               ,
               which
               the
               Plaintiff
               knowing
               not
               of
               ,
               could
               not
               suffer
               a
               
                 Praecipe
                 quod
                 reddat
              
               without
               her
               joyning
               ,
               whereas
               being
               but
               Lessee
               for
               99
               years
               he
               might
               .
            
             
               That
               it
               appears
               by
               the
               Deeds
               that
               the
               Plaintiff
               intended
               not
               to
               sell
               the
               Lands
               ,
               for
               that
               he
               knew
               them
               not
               ,
               as
               appeared
               by
               Circumstances
               ,
               which
               the
               Order
               doth
               more
               particularly
               set
               down
               .
               That
               the
               criminal
               part
               should
               be
               reserved
               ,
               to
               be
               made
               use
               of
               by
               the
               King's
               Council
               ;
               that
               for
               the
               civil
               part
               ,
               the
               said
               Bargain
               was
               Ordered
               to
               be
               void
               .
               That
               the
               Fine
               not
               yet
               recorded
               ,
               but
               remaining
               unreturned
               ,
               shall
               be
               cancelled
               ,
               if
               the
               Plaintiff
               shall
               require
               it
               .
               And
               the
               Lady
               to
               have
               only
               such
               Estate
               as
               she
               had
               before
               ,
               and
               no
               other
               .
               And
               both
               Parties
               are
               hereunto
               to
               yield
               Obedience
               ,
               24.
               
               November
               ,
               1635.
               
               
                 Adam
                 Loftus
              
               Chancellor
               ,
               
                 Ormond
                 ,
                 Valentia
                 ,
                 Moore
                 ,
                 Dillon
                 ,
                 Sherley
                 ,
                 Lowther
                 ,
                 Wainsford
                 ,
                 Manwareing
                 ,
                 Tiringham
                 ,
                 George
                 Ratcliffe
                 .
              
            
             
               The
               Manager
               opened
               the
               Nature
               of
               the
               Cause
               ,
               observed
               the
               particular
               
               parts
               of
               the
               Order
               ,
               shewing
               ,
               that
               there
               was
               a
               Conveyance
               executed
               ,
               a
               Fine
               levied
               ,
               though
               not
               returned
               by
               his
               Order
               ,
               no
               Witnesses
               examined
               ,
               though
               she
               denies
               the
               Fraud
               ,
               and
               Arguments
               are
               made
               to
               convince
               her
               by
               observation
               of
               circumstances
               ,
               and
               so
               concluded
               to
               overthrow
               a
               Bargain
               in
               October
               before
               .
               That
               it
               is
               pretended
               to
               be
               when
               the
               Courts
               of
               Justice
               were
               shut
               ,
               though
               it
               was
               heard
               in
               full
               Term
               ,
               24.
               
               November
               ,
               1635.
               the
               Term
               there
               beginning
               as
               in
               England
               ,
               but
               adjourned
               to
               the
               2.
               of
               November
               ,
               and
               the
               said
               Order
               was
               contrary
               to
               the
               Vote
               of
               the
               Council-Board
               .
               That
               when
               that
               Bargain
               was
               overthrown
               ,
               the
               Lands
               were
               purchased
               by
               Sir
               
                 Robert
                 Meredith
              
               and
               others
               for
               3000
               l.
               to
               the
               use
               of
               the
               Earl
               of
               Strafford
               ,
               and
               he
               sold
               them
               back
               to
               the
               Lady
               Hibbots
               for
               7000
               l.
               That
               when
               this
               Petition
               was
               preferred
               ,
               
                 Thomas
                 Hibbots
              
               desired
               to
               be
               gone
               ,
               and
               have
               his
               money
               ;
               applies
               himself
               to
               Sir
               
                 William
                 Parsons
              
               for
               advice
               ,
               Whether
               he
               might
               not
               withdraw
               his
               Petition
               ;
               he
               sends
               him
               to
               Sir
               
                 George
                 Ratcliffe
              
               ,
               Sir
               George
               opposes
               it
               ;
               the
               Petitioner
               goes
               to
               my
               Lord
               of
               Strafford
               ,
               and
               he
               tells
               him
               ,
               Do
               not
               withdraw
               your
               Suit
               ,
               500
               l.
               more
               in
               your
               purse
               will
               do
               you
               no
               hurt
               .
            
             
               
                 Iohn
                 Hoy
              
               was
               first
               produced
               as
               a
               Witness
               ,
               and
               sworn
               .
            
             
               My
               Lord
               of
               Strafford
               offered
               to
               their
               Lordships
               Consideration
               ,
               that
               the
               Witness
               is
               to
               have
               the
               Inheritance
               of
               the
               Lands
               ,
               and
               so
               swears
               directly
               for
               
               himself
               .
            
             
               But
               the
               Manager
               Answered
               ,
               That
               if
               he
               shall
               have
               the
               Inheritance
               ,
               his
               
               Lordship
               knows
               the
               terms
               ,
               he
               hath
               paid
               7000
               l.
               for
               it
               .
               And
               Mr.
               Maynard
               added
               ,
               that
               if
               the
               Decree
               were
               of
               force
               against
               him
               ,
               it
               were
               something
               ,
               but
               the
               Land
               is
               since
               paid
               for
               ;
               and
               whether
               the
               Decree
               be
               good
               
               or
               bad
               ,
               he
               can
               neither
               lose
               nor
               win
               by
               it
               ,
               for
               he
               comes
               in
               as
               a
               Purchasor
               .
               Yet
               my
               Lord
               of
               Strafford
               prest
               it
               ,
               that
               the
               Witness
               complained
               ,
               and
               seeks
               Relief
               against
               the
               Decree
               .
               But
               the
               Manager
               Answered
               ,
               It
               was
               for
               his
               Mother
               ,
               not
               for
               himself
               ;
               though
               upon
               my
               Lord
               Stewards
               demand
               ,
               he
               confest
               he
               was
               the
               Lady
               Hibbots
               Son
               ,
               by
               a
               former
               Husband
               ,
               and
               that
               the
               Inheritance
               is
               now
               in
               him
               .
               But
               my
               Lord
               of
               Strafford
               observed
               ,
               if
               he
               can
               recover
               3
               or
               4000
               l.
               upon
               his
               Oath
               for
               his
               Mother
               ,
               It
               is
               well
               .
               And
               their
               Lordships
               admitted
               him
               to
               be
               examined
               .
            
             
               He
               was
               asked
               ,
               What
               he
               knew
               concerning
               the
               Agreement
               between
               
                 Thomas
                 Hibbots
              
               and
               the
               Lady
               Hibbots
               ,
               for
               the
               Purchase
               of
               the
               Reversion
               of
               the
               said
               Lands
               ,
               the
               tearms
               and
               times
               .
            
             
               He
               Answered
               ,
               with
               desire
               to
               use
               his
               Notes
               ,
               That
               
                 Thomas
                 Hibbots
              
               about
               7.
               
               September
               continued
               two
               or
               three
               days
               in
               Dublin
               ,
               and
               then
               came
               to
               Castlington
               ,
               continued
               there
               a
               full
               day
               ,
               and
               not
               a
               word
               spoken
               of
               the
               Bargain
               .
               That
               the
               Writings
               ,
               whereby
               the
               Estate
               was
               setled
               ,
               were
               shewed
               him
               ,
               the
               said
               Thomas
               ,
               and
               he
               read
               them
               .
               That
               being
               asked
               ,
               Whether
               he
               would
               have
               more
               satisfaction
               ;
               He
               said
               ,
               He
               was
               satisfied
               ;
               being
               demanded
               whether
               he
               would
               live
               in
               Ireland
               ,
               and
               keep
               his
               Estate
               ;
               he
               said
               ,
               No
               ,
               and
               that
               he
               would
               sell
               most
               of
               it
               .
               That
               the
               Lady
               Hibbots
               desired
               she
               might
               be
               preferred
               in
               the
               Sale
               ,
               having
               interest
               by
               Joynture
               ,
               and
               she
               conceived
               it
               for
               life
               ;
               and
               demanded
               what
               he
               would
               ask
               ,
               that
               he
               answered
               ,
               What
               she
               pleased
               above
               2000
               l.
               That
               being
               asked
               ,
               Whether
               he
               knew
               the
               Land
               ,
               he
               answered
               ,
               He
               knew
               it
               ,
               for
               some
               years
               before
               he
               was
               in
               Ireland
               in
               Sir
               Thomas
               his
               life
               time
               ,
               and
               a
               Servant
               of
               his
               had
               shewed
               him
               the
               Land.
               That
               she
               offered
               1500
               l.
               and
               he
               said
               ,
               For
               1600
               l.
               she
               should
               have
               it
               ,
               and
               so
               it
               was
               agreed
               .
               That
               she
               sent
               the
               Deponent
               up
               for
               100
               l.
               but
               the
               said
               Thomas
               said
               ,
               He
               would
               not
               use
               so
               much
               ,
               and
               took
               only
               20
               s.
               to
               bind
               the
               Bargain
               .
               That
               on
               Monday
               following
               they
               went
               to
               Dublin
               to
               draw
               up
               Articles
               to
               perfect
               the
               Bargain
               ,
               and
               two
               or
               three
               days
               were
               spent
               about
               it
               .
               That
               he
               the
               Deponent
               tendered
               the
               Articles
               ,
               and
               he
               the
               said
               Thomas
               excepted
               against
               the
               general
               Warranty
               ,
               which
               he
               desired
               might
               be
               amended
               ,
               and
               then
               he
               would
               perfect
               them
               ,
               and
               it
               was
               amended
               accordingly
               .
               That
               in
               the
               interim
               ,
               the
               day
               before
               Sir
               
                 Robert
                 Meredith
              
               went
               to
               him
               ,
               and
               treated
               with
               him
               ,
               offering
               ,
               if
               he
               would
               break
               off
               ,
               he
               the
               said
               Sir
               Robert
               would
               save
               him
               harmless
               ,
               as
               
                 Thomas
                 Hibbots
              
               told
               him
               the
               Deponent
               .
               That
               thereupon
               
                 Thomas
                 Hibbots
              
               flies
               off
               ,
               and
               told
               him
               the
               Deponent
               Sir
               
                 Robert
                 Meredith
              
               offered
               him
               2250
               l.
               That
               thereupon
               he
               the
               Deponent
               left
               the
               Town
               ,
               and
               went
               to
               his
               Mother
               ,
               and
               informed
               her
               of
               it
               .
            
             
               That
               before
               the
               breach
               of
               the
               Bargain
               ,
               he
               the
               Deponent
               procured
               a
               Subpaena
               ,
               to
               sue
               the
               said
               Thomas
               thereupon
               ,
               and
               that
               the
               said
               Lady
               coming
               to
               Town
               with
               the
               Deponent
               ,
               the
               said
               Thomas
               came
               to
               her
               ,
               and
               being
               asked
               the
               reason
               ,
               why
               he
               would
               break
               the
               Bargain
               ,
               he
               answered
               ,
               Sir
               
                 Robert
                 Meredith
              
               had
               offered
               so
               much
               ,
               and
               she
               answering
               ,
               That
               she
               would
               not
               give
               an
               under-value
               ,
               because
               she
               would
               not
               have
               another
               get
               the
               Reversion
               .
               He
               Replied
               ,
               That
               for
               2500
               l.
               she
               might
               have
               it
               ,
               which
               she
               was
               content
               to
               give
               ;
               and
               the
               Agreement
               was
               made
               .
               That
               the
               said
               Thomas
               went
               immediately
               to
               Sir
               
                 Robert
                 Meredith
              
               to
               give
               him
               an
               Answer
               ,
               and
               satisfied
               him
               ;
               That
               he
               the
               Deponent
               met
               Sir
               
                 Robert
                 Meredith
              
               coming
               out
               of
               his
               Lodging
               ,
               and
               challenged
               him
               of
               this
               unneighborly
               courtesie
               ,
               who
               said
               ,
               it
               is
               true
               ,
               he
               was
               about
               it
               ,
               but
               the
               Lady
               Hibbots
               had
               bid
               more
               than
               he
               ,
               and
               wished
               her
               much
               joy
               of
               it
               .
            
             
             
               That
               the
               next
               day
               the
               Articles
               for
               the
               1600
               l.
               were
               perfected
               ,
               and
               a
               Bond
               given
               for
               900
               l.
               to
               make
               it
               up
               the
               Sum
               of
               2500
               l.
               and
               this
               to
               be
               paid
               in
               England
               (
               for
               there
               was
               no
               motion
               about
               Land
               in
               England
               from
               the
               said
               
                 Thomas
                 .
              
               )
               That
               two
               days
               after
               he
               the
               said
               Thomas
               went
               to
               
                 Iohn
                 Martin
              
               ,
               who
               had
               a
               little
               Estate
               ,
               and
               treated
               for
               the
               Estate
               ,
               for
               which
               he
               was
               to
               give
               him
               1900
               l.
               That
               the
               said
               Thomas
               came
               back
               to
               Dublin
               ,
               and
               tells
               the
               Deponent
               of
               it
               ,
               who
               had
               taken
               a
               course
               to
               exchange
               2000
               l.
               for
               him
               ,
               and
               was
               to
               have
               near
               80
               l.
               for
               exchange
               of
               it
               .
               That
               notwithstanding
               ,
               on
               Mr.
               Hibbots
               return
               ,
               he
               the
               Deponent
               was
               content
               he
               should
               have
               it
               paid
               there
               .
            
             
               That
               soon
               after
               
                 Thomas
                 Hibbots
              
               acknowledged
               a
               Fine
               ,
               perfected
               a
               Feoffment
               ,
               and
               so
               passed
               all
               the
               Estate
               that
               could
               be
               in
               himself
               .
               But
               the
               Lady
               thought
               it
               could
               not
               be
               secure
               without
               a
               Recovery
               ;
               for
               the
               said
               Thomas
               had
               but
               one
               Son
               ,
               who
               had
               no
               Son
               ,
               and
               the
               life
               of
               the
               man
               is
               uncertain
               ;
               yet
               before
               that
               was
               desired
               ,
               
                 Thomas
                 Hibbots
              
               saying
               Mr.
               Martin
               was
               willing
               to
               receive
               the
               money
               ;
               he
               the
               Deponent
               appointed
               a
               day
               for
               receiving
               of
               it
               ,
               and
               paid
               Mr.
               Martin
               1800
               l.
               giving
               Bond
               for
               payment
               of
               100
               l.
               16.
               
               November
               ,
               this
               being
               9th
               of
               October
               .
               That
               he
               delivered
               Mr.
               Hibbots
               60
               l.
               and
               procured
               a
               Bill
               of
               Exchange
               to
               be
               paid
               at
               Nesson
               on
               sight
               40
               l.
               That
               he
               took
               up
               the
               900
               l.
               Bond
               ,
               entred
               into
               by
               his
               Mother
               ,
               and
               gave
               a
               Bond
               for
               payment
               of
               500
               l.
               at
               Chester
               a
               day
               following
               .
               That
               the
               money
               being
               sealed
               up
               by
               Mr.
               Martin
               ,
               it
               was
               left
               there
               that
               night
               ,
               and
               the
               next
               day
               they
               were
               to
               go
               to
               the
               Lady
               to
               enquire
               if
               they
               had
               sufficient
               Security
               ,
               and
               went
               accordingly
               ,
               and
               carried
               the
               Deeds
               along
               with
               them
               .
               That
               the
               Ladies
               Council
               told
               her
               ,
               a
               Recovery
               was
               necessary
               ,
               which
               might
               be
               done
               the
               first
               day
               of
               the
               Term.
               That
               he
               the
               Deponent
               desired
               Mr.
               Hibbots
               to
               stay
               till
               the
               Term
               ,
               and
               offered
               to
               bear
               his
               Charges
               ,
               but
               he
               would
               not
               ,
               Winter
               growing
               on
               ,
               and
               said
               plainly
               ,
               He
               would
               not
               stay
               .
               That
               thereupon
               he
               the
               Deponent
               served
               him
               with
               a
               Writ
               he
               had
               prepared
               on
               the
               first
               Bargain
               .
               That
               immediately
               the
               said
               Thomas
               goes
               away
               to
               Mr.
               Sambridge
               ,
               and
               informed
               him
               ,
               that
               he
               had
               been
               often
               with
               him
               the
               Deponent
               to
               break
               the
               Bargain
               ,
               and
               now
               is
               served
               with
               a
               Writ
               ,
               and
               therefore
               prayed
               him
               to
               draw
               a
               Petition
               to
               my
               Lord-Deputy
               ,
               which
               was
               drawn
               accordingly
               .
               To
               which
               the
               Lady
               and
               Deponent
               had
               time
               to
               Answer
               till
               Thursday
               :
               That
               the
               time
               was
               short
               ,
               and
               there
               was
               a
               mistake
               in
               the
               Answer
               ;
               for
               it
               was
               set
               forth
               that
               the
               Lady
               had
               an
               Estate
               for
               life
               ,
               whereas
               she
               had
               an
               Estate
               but
               for
               99
               years
               ,
               if
               she
               lived
               so
               long
               .
               That
               on
               this
               mistake
               discovered
               ,
               my
               Lord-Deputy
               called
               for
               the
               Constable
               of
               the
               Castle
               ,
               and
               commanded
               the
               Clerk
               of
               the
               Council
               to
               draw
               a
               Warrant
               to
               commit
               their
               Council
               ,
               till
               the
               Gentleman
               fell
               on
               his
               knees
               ,
               and
               openly
               asked
               forgiveness
               .
               That
               then
               they
               could
               hardly
               get
               Council
               to
               plead
               :
               That
               there
               was
               a
               Reply
               and
               Rejoynder
               .
               And
               in
               the
               interim
               Mr.
               Hibbots
               came
               to
               him
               the
               Deponent
               ,
               went
               to
               the
               Master
               of
               the
               Wards
               ,
               and
               desired
               to
               be
               dismissed
               .
               That
               Sir
               
                 George
                 Ratcliffe
              
               appointed
               them
               to
               attend
               him
               ,
               which
               they
               did
               .
               That
               Sir
               George
               took
               Mr.
               Hibbots
               with
               him
               ,
               and
               on
               Sunday
               following
               the
               Lord-Deputy
               being
               informed
               of
               Hibbots
               consent
               ,
               on
               Monday
               he
               sent
               for
               Hibbots
               ,
               and
               wishes
               him
               to
               go
               on
               with
               the
               Suit
               ,
               and
               asked
               him
               ,
               What
               hurt
               it
               would
               do
               him
               to
               carry
               500
               l.
               more
               to
               England
               .
               The
               next
               day
               being
               Tuesday
               ,
               there
               was
               no
               Witnesses
               examined
               ,
               though
               a
               time
               was
               appointed
               to
               examine
               them
               ;
               for
               the
               Clerk
               of
               the
               Council
               was
               busie
               ,
               and
               could
               not
               attend
               it
               .
               That
               they
               desired
               Hibbots
               might
               be
               examined
               ,
               and
               they
               would
               be
               bound
               by
               his
               Oath
               ,
               and
               his
               Lordship
               granted
               a
               Warrant
               for
               it
               ;
               and
               Mr.
               Hibbots
               was
               almost
               examined
               ,
               
               for
               on
               a
               Council-day
               the
               Order
               was
               given
               to
               the
               Deponent
               .
               But
               that
               very
               Afternoon
               my
               Lord-Deputy
               came
               to
               the
               Council-Board
               ,
               and
               as
               soon
               as
               he
               was
               sate
               ,
               spake
               to
               this
               effect
               ;
               Here
               is
               a
               business
               concerning
               my
               Lady
               Hibbots
               ,
               prosecuted
               with
               a
               great
               deal
               of
               Violence
               that
               ever
               I
               knew
               ,
               and
               an
               Order
               procured
               for
               the
               Examination
               of
               the
               Plaintiff
               ;
               but
               if
               any
               such
               Order
               be
               ,
               or
               Examination
               taken
               ,
               I
               will
               have
               it
               damned
               ;
               and
               this
               is
               as
               much
               as
               he
               can
               speak
               .
            
             
               Being
               asked
               ,
               Whether
               my
               Lord
               of
               Strafford
               did
               not
               threaten
               my
               Lady
               Hibbots
               with
               Imprisonment
               ,
               till
               she
               performed
               the
               Order
               .
            
             
               He
               Answered
               ,
               That
               on
               the
               first
               of
               Ianuary
               ,
               after
               the
               Decree
               ,
               my
               Lord-Deputy
               sent
               to
               the
               Lady
               Hibbots
               house
               ,
               to
               require
               her
               and
               him
               the
               Deponent
               to
               attend
               him
               ,
               which
               they
               did
               accordingly
               ,
               and
               were
               called
               into
               his
               Chamber
               ,
               where
               was
               Mr.
               Sambridge
               of
               Council
               with
               Mr.
               Hibbots
               ,
               a
               Sister
               of
               the
               Deponents
               ,
               he
               the
               Deponent
               ,
               and
               some
               others
               .
               That
               my
               Lord-Deputy
               asked
               them
               ,
               Why
               they
               would
               not
               perfect
               the
               Re-assurance
               according
               to
               the
               Order
               ,
               to
               which
               the
               Deponent
               offered
               some
               Exceptions
               ,
               drawn
               up
               by
               the
               Council
               ,
               alledging
               ,
               that
               they
               could
               not
               possibly
               perform
               the
               words
               of
               the
               Order
               ,
               and
               that
               they
               might
               perform
               them
               as
               near
               as
               might
               be
               ;
               they
               shewed
               a
               course
               that
               might
               be
               observed
               ,
               but
               my
               Lord-Deputy
               said
               ,
               He
               would
               not
               be
               cavil'd
               withall
               ,
               he
               would
               have
               the
               Order
               of
               the
               Board
               obeyed
               ;
               and
               since
               they
               juggle
               thus
               ,
               his
               Lordship
               said
               ,
               He
               would
               have
               the
               Orders
               drawn
               up
               ,
               and
               tendered
               ,
               and
               that
               if
               they
               will
               not
               perform
               them
               ,
               he
               will
               commit
               them
               to
               the
               Castle
               ,
               where
               they
               shall
               lie
               a
               month
               ,
               at
               that
               months
               end
               he
               will
               send
               for
               them
               to
               the
               Council-Board
               ,
               and
               tender
               them
               again
               ,
               and
               if
               they
               would
               not
               perform
               them
               ,
               he
               will
               Fine
               them
               500
               l.
               and
               another
               months
               Imprisonment
               ,
               and
               then
               tender
               them
               again
               ,
               and
               if
               they
               will
               not
               perform
               then
               ,
               he
               will
               Fine
               them
               1000
               l.
               and
               another
               months
               Imprisonment
               ,
               and
               so
               from
               time
               to
               time
               ,
               till
               they
               had
               performed
               the
               Orders
               of
               the
               Board
               .
            
             
               Being
               asked
               ,
               Whether
               these
               Lands
               were
               not
               purchased
               in
               the
               Name
               of
               Sir
               
                 Robert
                 Meredith
              
               ,
               and
               others
               ,
               and
               to
               whose
               use
               ?
            
             
               He
               Answered
               ,
               That
               he
               hath
               the
               Deeds
               of
               the
               Land
               himself
               ,
               and
               what
               the
               Dates
               are
               he
               doth
               not
               remember
               .
               But
               he
               knows
               the
               Lands
               were
               purchased
               in
               the
               Name
               of
               Sir
               
                 Robert
                 Meredith
              
               and
               others
               ,
               but
               he
               cannot
               speak
               to
               whose
               use
               ,
               but
               from
               Sir
               Robert
               Meredith's
               own
               mouth
               ,
               for
               when
               he
               the
               Deponent
               paid
               7000
               l.
               to
               him
               ,
               he
               the
               Deponent
               was
               telling
               him
               the
               great
               advantage
               he
               made
               by
               this
               Bargain
               .
               In
               truth
               ,
               saith
               Sir
               Robert
               ,
               the
               advantage
               is
               nothing
               to
               me
               ,
               I
               receive
               it
               with
               one
               hand
               ,
               and
               carry
               to
               the
               Castle
               with
               the
               other
               .
               That
               the
               beginning
               of
               December
               last
               Sir
               Robert
               sent
               for
               this
               Deponent
               ,
               and
               told
               him
               ,
               He
               heard
               he
               was
               coming
               over
               to
               complain
               of
               such
               a
               matter
               ,
               but
               desired
               him
               the
               Deponent
               not
               to
               trouble
               him
               ,
               for
               he
               protested
               seriously
               ,
               he
               had
               nothing
               to
               do
               with
               the
               business
               ,
               his
               Name
               was
               only
               used
               as
               Sir
               
                 Philip
                 Persivals
              
               and
               Sir
               
                 Robert
                 Loftus
              
               ,
               it
               was
               meerly
               to
               my
               Lord
               Lieutenants
               use
               .
            
             
               The
               Manager
               observed
               ,
               That
               when
               their
               Lordships
               have
               heard
               this
               ,
               they
               
               will
               not
               wonder
               at
               the
               next
               Witness
               they
               shall
               produce
               ,
               that
               a
               Supream
               Judge
               should
               perswade
               to
               continue
               a
               Suit
               ,
               which
               he
               would
               have
               withdrawn
               ;
               and
               that
               notwithstanding
               the
               major
               part
               of
               the
               Board
               was
               against
               the
               Petitioner
               ▪
               yet
               the
               Order
               was
               drawn
               for
               the
               Petitioner
               .
            
             
             
               Mr.
               Hoy
               being
               asked
               to
               the
               matter
               of
               the
               Vote
               .
            
             
               He
               said
               ,
               He
               was
               withdrawn
               when
               they
               gave
               their
               Vote
               ,
               but
               a
               noble
               
               Member
               of
               the
               Board
               came
               to
               his
               Mother
               to
               Supper
               ,
               and
               named
               to
               him
               the
               Deponent
               every
               man
               that
               Voted
               for
               and
               against
               her
               ,
               that
               he
               writ
               down
               their
               Names
               at
               that
               time
               ,
               and
               there
               were
               twelve
               Votes
               for
               her
               ,
               and
               nine
               against
               her
               ;
               that
               he
               the
               Deponent
               was
               afterwards
               informed
               by
               another
               then
               at
               Board
               ,
               that
               the
               major
               part
               of
               the
               Board
               went
               for
               his
               Mother
               .
            
             
               
                 Thomas
                 Hibbots
              
               was
               sworn
               ,
               and
               being
               asked
               ,
               Whether
               there
               was
               not
               a
               
               Petition
               preferred
               to
               the
               Lord-Lieutenant
               there
               for
               breaking
               off
               the
               Bargain
               between
               himself
               and
               the
               Lady
               Hibbots
               ,
               and
               answered
               before
               he
               knew
               of
               it
               .
            
             
               He
               Answered
               ,
               having
               the
               Questions
               dictated
               by
               the
               Clerk
               ,
               being
               an
               old
               deaf
               man
               :
               That
               he
               caused
               a
               Petition
               to
               be
               drawn
               ,
               but
               not
               this
               ;
               that
               this
               Petition
               he
               knew
               nothing
               at
               all
               of
               ;
               that
               he
               wished
               a
               Petition
               to
               be
               drawn
               by
               Mr.
               Sambridge
               ,
               but
               it
               was
               only
               that
               he
               might
               have
               his
               money
               ,
               and
               go
               into
               his
               Country
               .
            
             
               Being
               asked
               ,
               Whether
               ,
               after
               the
               Petition
               drawn
               and
               answered
               ,
               he
               did
               go
               to
               Sir
               
                 William
                 Parsons
              
               ,
               and
               desired
               to
               be
               quit
               of
               the
               Suit
               ,
               and
               that
               he
               went
               thereupon
               to
               Sir
               
                 George
                 Ratcliffe
              
               ,
               and
               what
               passed
               ?
            
             
               He
               Answered
               ,
               He
               sent
               to
               Sir
               
                 William
                 Parsons
              
               ,
               and
               he
               sent
               him
               to
               Sir
               
                 George
                 Ratcliffe
              
               ,
               and
               Sir
               
                 George
                 Ratcliffe
              
               said
               ,
               He
               should
               not
               be
               dismissed
               from
               the
               Board
               .
            
             
               Being
               asked
               ,
               Whether
               my
               Lord
               of
               Strafford
               did
               not
               send
               for
               him
               ,
               and
               tell
               him
               500
               l.
               more
               in
               his
               purse
               would
               do
               him
               no
               harm
               .
            
             
               He
               Answered
               ,
               It
               is
               true
               ,
               my
               Lord
               wished
               him
               to
               go
               on
               with
               his
               Suit
               at
               the
               Board
               ,
               and
               that
               no
               man
               in
               Ireland
               should
               do
               him
               wrong
               ,
               and
               it
               would
               do
               him
               no
               harm
               to
               carry
               over
               500
               l.
               more
               .
            
             
               Being
               asked
               ,
               What
               Sir
               
                 Robert
                 Meredith
              
               said
               to
               him
               .
            
             
               He
               Answered
               ,
               That
               he
               would
               bring
               all
               the
               Writings
               to
               him
               the
               Deponent
               .
            
             
               Being
               asked
               on
               my
               Lord
               of
               
               Strafford's
               Motion
               ,
               what
               Fees
               he
               laid
               out
               .
            
             
               He
               Answered
               ,
               40
               l.
               to
               Mr.
               Sambridge
               ;
               and
               the
               Manager
               observed
               ,
               he
               was
               preferred
               presently
               after
               the
               Bargain
               was
               executed
               .
            
             
               Being
               asked
               ,
               What
               words
               were
               used
               to
               the
               Lady
               Hibbots
               .
            
             
               He
               Answered
               ,
               That
               my
               Lord-Deputy
               asked
               ,
               Will
               you
               not
               perform
               the
               Order
               ;
               If
               not
               by
               such
               a
               day
               ,
               I
               will
               send
               you
               to
               the
               Castle
               ,
               and
               there
               you
               shall
               lie
               a
               month
               ,
               and
               at
               the
               months
               end
               you
               shall
               be
               brought
               to
               the
               Board
               ,
               and
               have
               500
               l.
               laid
               on
               your
               head
               ,
               and
               at
               another
               months
               end
               1000
               l.
               more
               Fine
               ,
               and
               you
               shall
               go
               back
               to
               the
               place
               again
               ,
               and
               after
               that
               a
               third
               months
               Imprisonment
               ,
               and
               your
               Fine
               increased
               ;
               your
               Estate
               I
               know
               is
               very
               great
               ,
               and
               if
               it
               were
               ten
               times
               bigger
               than
               it
               is
               ,
               I
               will
               make
               it
               crack
               .
            
          
           
             
               To
               prove
               that
               the
               major
               part
               of
               the
               Board
               was
               against
               the
               Plaintiff
               .
            
             
               The
               Lord
               Mountnorris
               was
               asked
               ,
               Whether
               he
               was
               present
               at
               the
               Council-Table
               
               at
               that
               time
               when
               this
               Cause
               was
               agitated
               ,
               and
               which
               way
               the
               major
               part
               of
               the
               Votes
               went
               at
               that
               time
               .
            
             
             
               He
               Answered
               ,
               He
               was
               there
               present
               ,
               and
               the
               major
               Vote
               went
               for
               the
               Lady
               ,
               and
               there
               were
               12
               or
               11
               ,
               he
               cannot
               possibly
               say
               which
               (
               though
               he
               took
               it
               then
               perfectly
               into
               memory
               )
               on
               one
               side
               ,
               and
               nine
               on
               the
               other
               side
               .
            
             
               The
               Earl
               of
               Corke
               asked
               to
               the
               same
               purpose
               .
               
            
             
               He
               first
               made
               an
               humble
               Suit
               to
               their
               Lordships
               ,
               that
               he
               might
               not
               be
               produced
               as
               a
               Witness
               against
               the
               Prisoner
               .
               His
               Reason
               is
               ,
               That
               when
               he
               hath
               delivered
               a
               true
               Testimony
               ,
               my
               Lord
               of
               Strafford
               presently
               pursues
               him
               ,
               and
               lays
               Imputations
               and
               scorns
               upon
               him
               ;
               and
               therefore
               humbly
               prayed
               to
               be
               spared
               ,
               else
               that
               he
               might
               have
               liberty
               to
               justifie
               himself
               .
            
             
               Whence
               the
               Manager
               observed
               ,
               What
               it
               is
               to
               fall
               on
               Witnesses
               persons
               extravagantly
               ,
               when
               they
               produce
               them
               ,
               and
               therefore
               desired
               my
               Lord
               
               of
               Strafford
               might
               forbear
               it
               ,
               being
               a
               great
               disheartening
               to
               Witnesses
               .
            
             
               My
               Lord
               of
               Corke
               added
               ,
               That
               my
               Lord
               of
               Strafford
               accused
               him
               to
               have
               a
               Pardon
               ,
               whereas
               he
               knows
               he
               hath
               none
               .
               That
               he
               is
               an
               honest
               man
               ,
               and
               wishes
               my
               Lord
               of
               Strafford
               could
               leave
               the
               Kingdom
               with
               as
               much
               Reputation
               as
               himself
               had
               left
               it
               .
               And
               for
               the
               matter
               demanded
               ,
               his
               Lordship
               said
               ,
               He
               was
               at
               the
               hearing
               of
               the
               Cause
               ,
               and
               Voted
               against
               the
               Plaintiff
               ;
               but
               whether
               the
               major
               part
               Voted
               against
               him
               or
               no
               ,
               he
               knows
               not
               .
            
             
               Being
               asked
               ,
               What
               words
               my
               Lord
               of
               Strafford
               said
               about
               making
               a
               party
               in
               that
               Cause
               .
            
             
               He
               Answered
               ,
               That
               he
               thinks
               he
               spake
               these
               words
               ,
               He
               did
               not
               think
               there
               would
               have
               been
               a
               party
               against
               him
               ,
               for
               if
               he
               had
               ,
               he
               would
               not
               have
               brought
               it
               to
               that
               Table
               ,
               for
               the
               Petition
               was
               preferred
               to
               himself
               .
            
             
               Sir
               
                 Adam
                 Lofius
              
               being
               asked
               ,
               What
               Sir
               
                 Robert
                 Meredith
              
               told
               him
               of
               his
               part
               in
               the
               Bargain
               .
            
             
               He
               Answered
               ,
               That
               he
               heard
               him
               say
               ,
               He
               had
               no
               Title
               or
               Interest
               in
               it
               ,
               but
               only
               his
               name
               used
               in
               trust
               ,
               but
               for
               whom
               he
               did
               not
               declare
               ,
               and
               that
               was
               all
               he
               said
               to
               him
               .
            
             
               The
               Manager
               added
               ,
               That
               they
               have
               another
               Witness
               to
               prove
               that
               of
               the
               majority
               of
               the
               Vote
               ,
               my
               Lord
               of
               Ely
               ,
               but
               he
               is
               sick
               .
               
            
             
               And
               so
               the
               Manager
               summed
               up
               the
               Evidence
               ,
               and
               observed
               it
               to
               be
               something
               ,
               that
               my
               Lord
               of
               Strafford
               should
               pitch
               upon
               the
               very
               sum
               of
               500
               l.
               that
               Mr.
               Hibbots
               had
               by
               way
               of
               increase
               .
               That
               the
               Order
               was
               made
               with
               an
               examination
               of
               Witnesses
               ,
               on
               pretence
               of
               Fraud
               ,
               where
               the
               Lady
               denied
               it
               on
               Oath
               ,
               and
               that
               though
               it
               was
               so
               great
               a
               fraud
               in
               the
               Lady
               to
               procure
               a
               Reversion
               for
               2500
               l.
               which
               was
               sold
               for
               3000
               l.
               and
               afterwards
               re-sold
               to
               the
               Lady
               for
               7000
               l.
               and
               so
               concluded
               that
               it
               is
               an
               Arbitrary
               Government
               ,
               drawn
               into
               my
               Lord
               of
               
               Strafford's
               own
               breast
               ,
               and
               the
               Inheritance
               of
               a
               great
               Estate
               taken
               from
               the
               King
               's
               Subject
               without
               Rule
               of
               Law
               ,
               there
               being
               a
               Fine
               levied
               ,
               but
               being
               not
               retorned
               (
               as
               the
               Commissioners
               are
               bound
               to
               retorn
               it
               )
               he
               made
               an
               Order
               it
               should
               not
               be
               retorned
               ,
               and
               a
               Lady
               threatened
               with
               doubling
               and
               trebling
               the
               Fine
               ,
               and
               one
               of
               the
               Feoffees
               ,
               Sir
               
                 Robert
                 Meredith
              
               ,
               confesses
               it
               was
               for
               my
               Lord
               of
               Strafford
               .
               And
               to
               prove
               that
               ,
               Sir
               
                 Philip
                 Persival
              
               acknowledged
               so
               much
               .
            
             
             
               Mr.
               Fitzgarret
               was
               Interrogated
               ,
               What
               Sir
               
                 Philip
                 Persival
              
               said
               ,
               who
               thereupon
               answered
               ,
               That
               Sir
               Philip
               had
               often
               told
               him
               ,
               the
               Purchase
               was
               to
               the
               use
               of
               my
               Lord-Deputy
               ,
               now
               Earl
               of
               Strafford
               .
               That
               he
               hath
               had
               occasion
               of
               Conference
               with
               him
               about
               the
               Estate
               ,
               and
               hath
               sometimes
               discoursed
               with
               him
               concerning
               the
               Estate
               wherein
               his
               name
               was
               used
               .
               That
               he
               the
               Deponent
               might
               understand
               how
               far
               it
               concerned
               him
               ,
               telling
               him
               ,
               that
               the
               Estate
               would
               one
               day
               be
               questioned
               .
               And
               Sir
               Philip
               protested
               ,
               he
               never
               knew
               of
               this
               business
               till
               his
               name
               was
               put
               into
               it
               ,
               and
               he
               came
               to
               Seal
               the
               Writings
               ,
               and
               that
               it
               was
               to
               the
               use
               of
               my
               Lord-Deputy
               .
            
             
               Some
               Questions
               arising
               about
               the
               number
               of
               Hands
               to
               the
               Order
               ,
               being
               in
               all
               14.
               
            
             
               The
               Manager
               observed
               ,
               That
               more
               have
               subscribed
               than
               those
               that
               gave
               
               their
               Vote
               ,
               being
               a
               Cause
               introduced
               by
               my
               Lord
               of
               Strafford
               .
               That
               all
               subscribed
               the
               Orders
               ,
               as
               well
               those
               against
               them
               ,
               as
               those
               for
               them
               ,
               and
               Appealed
               therein
               to
               my
               Lord
               of
               Cork
               .
               The
               Course
               being
               ,
               when
               an
               Order
               is
               made
               ,
               to
               bring
               it
               to
               the
               Table
               another
               day
               ,
               and
               take
               all
               the
               Hands
               of
               them
               present
               ;
               and
               he
               added
               ,
               That
               their
               Lordships
               that
               are
               Counsellors
               know
               that
               Course
               to
               be
               used
               here
               .
            
             
               My
               Lord
               of
               Corke
               being
               asked
               to
               that
               Point
               .
               
            
             
               Answered
               ,
               That
               he
               knows
               nothing
               of
               it
               .
            
             
               The
               Lord
               Primate
               of
               Ireland
               his
               Examination
               was
               offered
               ,
               and
               was
               admitted
               
               accordingly
               to
               be
               read
               ,
               being
               taken
               30.
               
               March
               ,
               1641.
               
            
             
               To
               the
               fourth
               Inter.
               That
               when
               the
               Major
               part
               of
               the
               Council-Board
               go
               one
               way
               ,
               and
               the
               Minor
               part
               another
               way
               ;
               when
               the
               Order
               is
               drawn
               up
               ,
               the
               Minor
               part
               Signs
               it
               as
               well
               as
               the
               Major
               .
               The
               Lord-Deputy
               alledging
               it
               to
               be
               the
               practise
               of
               the
               Council
               of
               England
               ,
               and
               he
               himself
               had
               done
               it
               ;
               but
               before
               my
               Lord
               of
               
               Strafford's
               coming
               he
               never
               knew
               it
               to
               be
               so
               .
            
             
               Lord
               Renula
               being
               asked
               to
               the
               same
               Point
               .
               
            
             
               Answered
               ,
               That
               he
               doth
               not
               remember
               that
               Order
               to
               be
               of
               force
               there
               till
               of
               late
               years
               ,
               and
               that
               my
               Lord
               of
               Strafford
               hath
               declared
               to
               them
               that
               it
               is
               the
               practise
               of
               England
               ,
               and
               when
               the
               Major
               part
               doth
               subscribe
               ,
               though
               others
               be
               of
               different
               Opinions
               ,
               they
               are
               involved
               in
               it
               ,
               and
               must
               subscribe
               .
            
             
               The
               Lord
               Savil
               desired
               he
               might
               be
               asked
               ,
               Whether
               he
               ever
               knew
               ,
               that
               when
               the
               Major
               part
               did
               Vote
               against
               an
               Order
               ,
               they
               did
               subscribe
               it
               .
            
             
               The
               Manager
               answered
               ,
               That
               that
               's
               their
               grief
               ;
               and
               though
               there
               be
               no
               such
               Course
               ,
               yet
               if
               it
               concern
               my
               Lord
               of
               Strafford
               ,
               he
               will
               make
               it
               a
               
               course
               .
            
             
               Lord
               Renula
               being
               asked
               ,
               Whether
               he
               were
               present
               at
               the
               Council-Table
               when
               this
               Vote
               was
               given
               ,
               and
               what
               he
               heard
               concerning
               the
               
               Vote
               .
            
             
               He
               Answered
               ,
               That
               he
               was
               not
               there
               ,
               and
               he
               heard
               very
               little
               of
               it
               ;
               that
               the
               most
               he
               heard
               of
               it
               ,
               was
               since
               the
               coming
               of
               this
               Gentleman
               ,
               
               Mr.
               Hoy
               ,
               into
               England
               ;
               and
               that
               to
               his
               best
               remembrance
               he
               heard
               Sir
               
                 William
                 Parsons
              
               ,
               now
               Lord
               Chief
               Justice
               ,
               say
               ,
               He
               was
               informed
               the
               Major
               Vote
               went
               against
               Sir
               
                 Robert
                 Meredith
              
               .
            
             
               And
               so
               the
               Manager
               concluded
               the
               Charge
               as
               to
               the
               Eighth
               Article
               ,
               saying
               ,
               That
               here
               is
               a
               Proceeding
               for
               a
               Free-hold
               ,
               contrary
               to
               the
               Fundamental
               Laws
               of
               the
               Kingdom
               ,
               contrary
               to
               the
               Instructions
               in
               the
               manner
               and
               measure
               as
               their
               Lordships
               had
               heard
               .
            
          
           
             
               My
               Lord
               of
               Strafford
               ,
               after
               some
               time
               given
               for
               the
               re-collecting
               of
               his
               Notes
               ,
               began
               his
               Reply
               in
               substance
               as
               followeth
               :
            
             
               I
               will
               ,
               with
               your
               Lordships
               noble
               permission
               ,
               justifie
               my self
               against
               
               the
               Charge
               of
               High-Treason
               exhibited
               against
               me
               .
            
             
               Having
               been
               blamed
               by
               the
               Gentlemen
               at
               the
               Bar
               for
               going
               to
               matters
               not
               pertinent
               ,
               I
               shall
               henceforth
               keep
               my self
               to
               that
               within
               the
               Charge
               ,
               trusting
               that
               the
               things
               wherewith
               I
               am
               not
               Charged
               ,
               shall
               not
               dwell
               with
               your
               Lordships
               to
               my
               prejudice
               ,
               but
               that
               your
               Lordships
               will
               in
               your
               Nobleness
               and
               Justice
               reserve
               to
               your selves
               ,
               till
               in
               its
               proper
               place
               and
               kind
               ,
               I
               shall
               Answer
               thereunto
               ,
               conceiving
               that
               I
               am
               to
               Answer
               only
               to
               Treason
               ,
               not
               to
               Misdemeanor
               .
            
             
               The
               Charge
               opened
               ,
               is
               a
               Decree
               given
               by
               the
               Deputy
               and
               Council
               of
               Ireland
               ,
               to
               the
               subversion
               of
               the
               Fundamental
               Laws
               ,
               and
               to
               the
               bringing
               in
               of
               an
               Arbitrary
               and
               Tyrannical
               Government
               .
            
             
               Whether
               it
               be
               so
               or
               no
               ,
               or
               whether
               by
               any
               manner
               of
               Construction
               it
               can
               be
               brought
               as
               an
               Argument
               to
               convince
               me
               of
               High-Treason
               ,
               I
               conceive
               I
               am
               to
               Answer
               .
            
             
               Whether
               the
               Decree
               be
               in
               it self
               just
               or
               unjust
               ,
               is
               not
               the
               question
               ,
               but
               will
               come
               clearly
               to
               your
               Lordships
               judgments
               upon
               the
               Petition
               of
               the
               party
               when
               she
               shall
               sue
               for
               her
               Right
               .
               And
               when
               it
               comes
               to
               be
               Charged
               upon
               me
               as
               a
               Misdemeanor
               ,
               I
               shall
               give
               such
               an
               Answer
               as
               befits
               me
               .
            
             
               There
               is
               nothing
               in
               this
               Charge
               that
               can
               be
               interpreted
               Treason
               ,
               for
               it
               is
               but
               the
               exercising
               of
               a
               Jurisdiction
               in
               the
               Deputy
               ,
               which
               he
               hath
               Commission
               for
               from
               His
               Majesty
               ;
               and
               the
               inlarging
               of
               a
               Jurisdiction
               in
               a
               Judg
               ,
               I
               conceive
               ,
               is
               not
               Treason
               .
            
             
               The
               Proofs
               formerly
               offered
               to
               prove
               the
               use
               and
               practise
               of
               the
               Deputies
               (
               which
               I
               need
               not
               repeat
               ,
               your
               Lordships
               being
               Persons
               of
               great
               Wisdom
               ,
               and
               once
               said
               ,
               always
               said
               ,
               )
               come
               to
               my
               help
               and
               assistance
               in
               my
               Charge
               ,
               the
               question
               being
               upon
               the
               same
               Jurisdiction
               only
               ,
               and
               that
               in
               one
               particular
               Circumstance
               I
               conceive
               my self
               stronger
               in
               this
               Cause
               than
               in
               that
               of
               my
               Lord
               Mountnorris
               .
               This
               Case
               being
               of
               a
               Petition
               preferred
               to
               me
               ,
               but
               referred
               by
               me
               to
               be
               heard
               before
               the
               Council-Board
               ;
               and
               the
               Witnesses
               say
               ,
               That
               though
               they
               did
               not
               know
               nor
               remember
               ,
               that
               the
               Deputy
               himself
               heard
               Causes
               alone
               ,
               yet
               it
               was
               frequent
               for
               the
               Deputy
               to
               receive
               Petitions
               ,
               and
               refer
               them
               to
               the
               Board
               .
               So
               that
               I
               conceive
               I
               have
               exercised
               or
               done
               nothing
               ,
               but
               according
               to
               the
               Practise
               and
               Customs
               of
               that
               Kingdom
               ,
               and
               consequently
               cannot
               be
               made
               use
               of
               as
               an
               Argument
               that
               I
               subvert
               the
               Fundamental
               Laws
               ,
               or
               bring
               in
               Arbitrary
               or
               Tyrannical
               Government
               ,
               when
               I
               step
               in
               the
               paths
               of
               my
               Predecessors
               ,
               and
               the
               practise
               of
               other
               men
               in
               the
               like
               Cases
               .
               And
               that
               I
               say
               as
               to
               this
               Point
               of
               Jurisdiction
               .
            
             
             
               The
               next
               Point
               I
               am
               Charged
               with
               is
               ,
               That
               the
               most
               part
               of
               the
               Council-Board
               Voted
               against
               it
               ;
               whereas
               I
               say
               in
               my
               Answer
               ,
               the
               most
               part
               Voted
               for
               it
               ,
               and
               on
               that
               I
               most
               humbly
               insist
               still
               ,
               and
               shall
               make
               it
               clearly
               appear
               to
               be
               so
               .
            
             
               For
               Proof
               on
               the
               other
               Side
               ,
               they
               have
               only
               my
               Lord
               Mountnorris
               his
               Testimony
               ,
               who
               saies
               ,
               They
               had
               12
               against
               the
               Order
               ,
               and
               nine
               for
               it
               .
               And
               Mr.
               Hoy
               saith
               ,
               That
               an
               Honourable
               Person
               that
               night
               told
               him
               ,
               12
               were
               for
               him
               and
               nine
               against
               him
               ;
               so
               it
               must
               all
               be
               one
               man
               ,
               and
               one
               Testimony
               .
            
             
               To
               prove
               the
               Major
               part
               was
               for
               the
               Decree
               ,
               there
               was
               the
               Order
               signed
               under
               the
               Clerk
               of
               the
               Council
               ,
               a
               sworn
               Minister
               ,
               who
               could
               not
               draw
               it
               up
               without
               the
               plurality
               of
               Voices
               ,
               being
               against
               the
               constant
               practise
               of
               the
               Board
               to
               do
               otherwise
               .
            
             
               That
               this
               was
               the
               practise
               ,
               I
               desire
               my
               Lord
               
               Primate's
               Examination
               may
               be
               read
               to
               the
               second
               ,
               third
               ,
               fourth
               ,
               fifth
               and
               sixth
               Interrogatories
               .
            
             
               Those
               his
               Examinations
               which
               were
               taken
               in
               the
               presence
               of
               the
               Peers
               and
               Commons
               ,
               taken
               this
               morning
               ,
               being
               admitted
               to
               be
               read
               ,
               and
               the
               former
               taken
               in
               the
               absence
               of
               the
               Members
               of
               the
               Commons
               House
               ,
               being
               declared
               to
               be
               suppressed
               .
               The
               said
               Examinations
               were
               read
               accordingly
               .
            
             
               2.
               
               To
               the
               Second
               ,
               he
               knows
               the
               use
               was
               to
               prefer
               Petitions
               to
               all
               the
               Chief
               Governors
               that
               have
               been
               within
               these
               fifty
               years
               last
               ,
               but
               what
               hath
               been
               thereupon
               he
               cannot
               say
               .
               This
               my
               Lord
               of
               Strafford
               observed
               is
               to
               the
               Jurisdiction
               .
            
             
               3.
               
               It
               is
               the
               received
               practise
               of
               that
               Board
               ,
               that
               the
               Clerk
               of
               the
               Council
               ,
               being
               a
               sworn
               Minister
               ,
               should
               draw
               up
               the
               Opinions
               according
               to
               the
               Major
               part
               of
               the
               Board
               .
            
             
               4.
               
               That
               he
               hath
               not
               known
               the
               Earl
               of
               Strafford
               to
               have
               at
               any
               time
               urged
               or
               pressed
               any
               Member
               of
               the
               Board
               contrary
               to
               his
               own
               Opinion
               .
            
             
               5.
               
               That
               he
               hath
               heard
               him
               divers
               times
               profess
               he
               had
               but
               a
               single
               Voice
               ,
               and
               that
               Matters
               were
               to
               pass
               according
               to
               the
               major
               part
               of
               the
               Voices
               of
               the
               Board
               .
            
             
               Whence
               my
               Lord
               of
               Strafford
               observed
               ,
               That
               the
               Clerk
               of
               the
               Council
               ,
               being
               a
               sworn
               Officer
               ,
               is
               perjured
               ,
               else
               the
               greater
               part
               of
               the
               Board
               was
               against
               the
               Lady
               Hibbots
               .
            
             
               Robert
               Lord
               Dillon
               being
               asked
               concerning
               the
               use
               of
               the
               Board
               in
               the
               Clerk
               of
               the
               Councils
               drawing
               up
               Orders
               ,
               according
               to
               the
               major
               
               part
               of
               the
               Votes
               ,
               and
               what
               he
               had
               observed
               in
               this
               particular
               Case
               .
            
             
               He
               Answered
               ,
               That
               the
               Clerk
               of
               the
               Council
               is
               a
               sworn
               Minister
               of
               His
               Majesty
               ,
               and
               by
               duty
               of
               his
               Place
               is
               to
               take
               notice
               of
               the
               Votes
               ,
               and
               accordingly
               to
               draw
               up
               the
               rough
               draughts
               of
               Orders
               ,
               and
               to
               present
               them
               to
               the
               Board
               ,
               to
               see
               whether
               they
               be
               to
               the
               sense
               of
               the
               major
               part
               of
               the
               Votes
               .
               That
               he
               was
               present
               at
               the
               Council-Board
               when
               this
               Cause
               was
               Voted
               ,
               but
               cannot
               say
               ,
               upon
               his
               knowledge
               ,
               it
               was
               drawn
               up
               according
               to
               the
               major
               part
               of
               the
               Voices
               at
               the
               Board
               ,
               for
               he
               counted
               not
               the
               Votes
               ;
               but
               that
               was
               an
               inducement
               to
               him
               to
               believe
               so
               ,
               because
               the
               Clerk
               of
               the
               Council
               drew
               it
               up
               so
               ;
               and
               it
               is
               the
               Order
               of
               the
               Board
               ,
               when
               the
               major
               part
               Votes
               ,
               those
               that
               dissent
               ,
               in
               regard
               their
               Votes
               are
               involved
               ,
               
               do
               commonly
               Sign
               ,
               and
               that
               he
               had
               seen
               some
               Sign
               to
               the
               Order
               which
               had
               given
               Vote
               against
               the
               Decree
               .
            
             
               Being
               asked
               severally
               how
               his
               Vote
               passed
               in
               this
               Order
               ,
               and
               whether
               the
               major
               part
               did
               not
               Vote
               it
               ,
               whether
               my
               Lord
               of
               Strafford
               did
               not
               always
               submit
               his
               Opinion
               to
               the
               major
               part
               ,
               and
               whether
               in
               a
               Case
               that
               concerned
               my
               Lord
               Renula
               ,
               there
               were
               eight
               at
               the
               Board
               ,
               and
               four
               went
               one
               way
               ,
               and
               four
               another
               ,
               that
               my
               Lord
               of
               Strafford
               would
               not
               over-rule
               it
               ,
               but
               called
               in
               another
               ,
               and
               desired
               the
               whole
               business
               might
               be
               referred
               to
               him
               ;
               whether
               before
               my
               Lord
               of
               
               Strafford's
               restraint
               ,
               this
               Order
               was
               questioned
               on
               this
               Point
               for
               want
               of
               the
               major
               part
               of
               Voices
               ,
               and
               whether
               at
               the
               signing
               of
               it
               ,
               or
               any
               time
               after
               ,
               he
               heard
               any
               Councellor
               except
               against
               the
               Order
               .
            
             
               His
               Lorship
               Answered
               ,
               That
               he
               gave
               his
               Vote
               for
               the
               Decree
               ,
               that
               he
               reckoned
               not
               the
               Votes
               ,
               but
               conceives
               the
               major
               part
               were
               for
               it
               ;
               that
               he
               remembers
               not
               my
               Lord
               urging
               any
               man
               to
               Vote
               contrary
               to
               his
               Opinion
               ,
               or
               over-ruled
               it
               ,
               but
               was
               content
               to
               let
               it
               go
               :
               That
               he
               remembers
               not
               the
               contrary
               ,
               but
               my
               Lord
               submitted
               to
               the
               major
               part
               of
               the
               Votes
               :
               That
               in
               the
               business
               betwixt
               my
               Lord
               Renula
               Plaintiff
               and
               one
               Ormesby
               ,
               he
               remembers
               there
               were
               but
               eight
               men
               at
               the
               Board
               ,
               whereof
               my
               Lord-Deputy
               made
               one
               ,
               and
               four
               fell
               on
               one
               side
               ,
               and
               four
               on
               the
               other
               ,
               and
               my
               Lord
               Renula
               was
               then
               present
               ,
               as
               he
               takes
               it
               ,
               though
               withdrawn
               at
               the
               instant
               ,
               and
               for
               ought
               he
               knows
               my
               Lord
               Renula
               can
               say
               something
               to
               it
               .
               That
               when
               my
               Lord
               gave
               his
               Vote
               ,
               he
               said
               ,
               He
               would
               not
               take
               the
               priviledge
               of
               casting
               the
               Cause
               ,
               but
               left
               it
               to
               an
               absent
               Counsellor
               ,
               and
               which
               way
               soever
               he
               inclined
               ,
               the
               Cause
               should
               go
               ;
               and
               afterwards
               that
               Councellor
               did
               Vote
               against
               the
               Opinion
               of
               my
               Lord-Deputy
               ,
               and
               the
               Order
               was
               drawn
               up
               so
               :
               That
               he
               never
               heard
               of
               any
               Complaint
               of
               the
               Order
               ,
               nor
               heard
               of
               the
               business
               ,
               till
               he
               came
               to
               the
               Board
               :
               That
               he
               doth
               not
               remember
               any
               Exception
               taken
               at
               the
               time
               of
               the
               signing
               the
               Order
               ,
               nor
               at
               any
               time
               after
               .
            
             
               Sir
               
                 Philip
                 Manwareing
              
               being
               asked
               concerning
               the
               matter
               of
               the
               major
               
               part
               .
            
             
               Answered
               ,
               That
               he
               was
               present
               at
               the
               Council-Table
               ,
               and
               his
               Vote
               went
               for
               the
               Decree
               ,
               and
               he
               conceives
               the
               major
               part
               of
               the
               Table
               did
               so
               too
               ,
               he
               is
               very
               confident
               of
               it
               ;
               and
               he
               doth
               the
               rather
               believe
               it
               ,
               because
               he
               never
               knew
               the
               contrary
               practise
               at
               that
               Board
               in
               any
               Case
               ;
               besides
               ,
               he
               knows
               the
               Clerk
               of
               the
               Council
               is
               a
               very
               faithful
               and
               careful
               Servant
               ,
               being
               a
               sworn
               Officer
               ;
               and
               it
               is
               the
               duty
               of
               his
               Place
               to
               draw
               up
               Orders
               according
               to
               the
               major
               part
               of
               the
               Voices
               ,
               and
               that
               no
               member
               of
               the
               Board
               took
               Exception
               at
               the
               signing
               of
               this
               Order
               that
               he
               knows
               .
            
             
               For
               the
               matter
               of
               Imprisoning
               the
               Lady
               ,
               my
               Lord
               of
               Strafford
               offered
               ,
               That
               he
               hopes
               it
               's
               no
               great
               offence
               for
               the
               Deputy
               of
               Ireland
               to
               say
               as
               much
               to
               a
               Subject
               that
               's
               bound
               to
               perform
               the
               Order
               of
               the
               Board
               ,
               and
               doth
               not
               ;
               I
               ought
               not
               (
               under
               favour
               ,
               )
               favour
               le
               ts
               in
               that
               Case
               ;
               for
               if
               Obedience
               be
               not
               had
               ,
               it
               is
               to
               no
               purpose
               Orders
               should
               be
               made
               .
            
             
               For
               the
               words
               concerning
               Fining
               of
               her
               ,
               I
               offer
               to
               your
               Lordships
               Confideration
               ,
               that
               one
               that
               gives
               Testimony
               thereof
               is
               Mr.
               Hoy
               ,
               who
               is
               a
               party
               interessed
               ,
               and
               to
               whom
               the
               benefit
               will
               accrue
               of
               whatsoever
               shall
               be
               recovered
               ;
               and
               that
               your
               Lordships
               may
               remember
               what
               a
               ready
               story
               he
               told
               ,
               and
               wronged
               his
               memory
               ,
               to
               desire
               to
               speak
               out
               of
               his
               Notes
               ,
               for
               I
               never
               heard
               one
               speak
               more
               readily
               ,
               and
               conceive
               he
               is
               not
               in
               this
               particular
               so
               intire
               a
               Witness
               to
               convince
               me
               .
               That
               the
               other
               Witness
               
               is
               Mr.
               Hybbots
               himself
               ,
               a
               weak
               old
               man
               ,
               that
               hath
               not
               Judgment
               sufficient
               ,
               but
               says
               forward
               and
               backward
               ,
               and
               may
               be
               taken
               any
               way
               :
               Therefore
               his
               Testimony
               is
               not
               so
               strong
               and
               binding
               .
               That
               suppose
               I
               had
               said
               the
               words
               ,
               they
               cannot
               make
               a
               Treason
               ;
               Fining
               in
               cases
               of
               Contempts
               being
               usual
               in
               Chancery
               here
               ,
               to
               enforce
               men
               to
               conform
               to
               Decrees
               .
               However
               ,
               I
               stand
               not
               charged
               with
               it
               ;
               and
               when
               it
               comes
               in
               its
               proper
               place
               and
               time
               ,
               I
               trust
               I
               shall
               make
               a
               fair
               and
               just
               Answer
               in
               it
               .
            
             
               The
               last
               thing
               in
               the
               Charge
               ,
               is
               the
               conveying
               of
               the
               Lands
               to
               Sir
               
                 Robert
                 Meredith
              
               ,
               and
               others
               ,
               to
               my
               use
               ,
               which
               I
               deny
               in
               my
               Answer
               ,
               and
               under
               favour
               ,
               deny
               it
               still
               .
            
             
               For
               the
               Witnesses
               offered
               ,
            
             
               I
               except
               against
               Mr.
               Hoy
               ,
               as
               I
               must
               ,
               under
               favour
               ,
               as
               often
               as
               I
               mention
               it
               .
            
             
               That
               the
               words
               spoken
               by
               Sir
               
                 Robert
                 Meredith
              
               ,
               is
               only
               his
               saying
               ,
               and
               offered
               here
               as
               a
               Report
               ;
               and
               when
               Sir
               Robert
               speaks
               for
               himself
               ,
               I
               believe
               he
               will
               say
               another
               thing
               .
            
             
               That
               the
               Testimony
               of
               Mr.
               Fitzgarrett
               ,
               is
               but
               what
               Sir
               
                 Philip
                 Percival
              
               said
               ;
               and
               when
               Sir
               Philip
               comes
               to
               be
               examined
               himself
               ,
               I
               trust
               Your
               Lordships
               will
               find
               it
               otherwise
               ,
               I
               having
               never
               spoke
               to
               Sir
               Philip
               in
               all
               my
               life
               ,
               touching
               the
               business
               .
            
             
               When
               my
               Lady
               Hybbotts
               complains
               of
               the
               Injustice
               of
               the
               Decree
               ,
               before
               Your
               Lordships
               ,
               I
               hope
               I
               shall
               clear
               it
               in
               its
               proper
               place
               ,
               but
               in
               the
               mean
               time
               it
               is
               no
               part
               of
               my
               Charge
               ;
               and
               I
               dare
               say
               they
               would
               not
               offer
               such
               a
               thing
               in
               Charge
               ,
               to
               my
               Lord
               Keeper
               ,
               or
               my
               Lord
               Chief
               Justice
               ;
               or
               if
               they
               should
               offer
               it
               ,
               they
               know
               they
               should
               have
               a
               rebuke
               ;
               for
               Lawyers
               must
               keep
               within
               the
               limits
               of
               the
               Charge
               ;
               and
               therefore
               in
               this
               particular
               ,
               I
               may
               reserve
               my self
               ,
               without
               prejudice
               in
               Your
               Lordships
               Opinions
               ,
               till
               it
               comes
               to
               its
               proper
               place
               ;
               where
               I
               hope
               I
               shall
               justifie
               my
               Carriage
               to
               be
               Honest
               and
               Faithful
               ,
               according
               to
               the
               Trust
               reposed
               in
               me
               .
            
             
               His
               Lordship
               having
               finished
               his
               Defence
               ,
               the
               Manager
               began
               his
               Reply
               thereunto
               ,
               in
               substance
               as
               followeth
               .
            
             
               That
               he
               shall
               not
               need
               to
               labour
               much
               in
               making
               a
               Replication
               ,
               little
               
               being
               answered
               to
               the
               Charge
               ,
               which
               he
               recited
               and
               opened
               .
            
             
               That
               his
               Lordships
               Proceedings
               have
               in
               this
               matter
               been
               contrary
               to
               Law
               ,
               they
               must
               rest
               on
               their
               Lordships
               memory
               ,
               the
               Act
               of
               Parliament
               cited
               before
               ,
               the
               Instructions
               ,
               and
               the
               Proclamation
               ,
               the
               Exercise
               of
               a
               Jurisdiction
               on
               the
               Estate
               of
               a
               Lady
               ,
               without
               the
               least
               colour
               of
               Jurisdiction
               ;
               whereas
               if
               there
               had
               been
               any
               ,
               it
               would
               have
               been
               heard
               of
               .
            
             
               That
               his
               Lordship
               answers
               nothing
               to
               his
               sending
               for
               the
               party
               Petitioning
               ,
               bidding
               him
               go
               on
               with
               the
               Suit
               ;
               and
               Prophesying
               ,
               that
               he
               might
               have
               500
               l.
               more
               :
               That
               perhaps
               it
               is
               not
               material
               ,
               whether
               the
               Order
               were
               just
               or
               unjust
               ;
               and
               my
               Lord
               of
               Strafford
               will
               answer
               only
               to
               the
               Jurisdiction
               .
               But
               we
               observe
               ,
               that
               yesterday
               he
               made
               a
               great
               flourish
               to
               the
               justness
               of
               a
               Decree
               ,
               let
               the
               Jurisdiction
               be
               what
               it
               will
               ;
               and
               when
               he
               cannot
               justifie
               that
               ,
               then
               he
               declines
               it
               .
            
             
               That
               my
               Lord
               his
               Pulse
               is
               still
               beating
               ,
               that
               this
               is
               no
               Treason
               ,
               yet
               it
               is
               an
               Article
               to
               prove
               and
               conduce
               to
               the
               General
               Charge
               ,
               of
               subverting
               the
               Laws
               ;
               and
               though
               he
               pretends
               that
               these
               Circumstances
               ,
               of
               purchasing
               the
               Lands
               to
               his
               own
               use
               ,
               and
               speaking
               to
               the
               party
               to
               proceed
               ,
               and
               his
               Threats
               ,
               are
               not
               to
               the
               purpose
               ;
               yet
               under
               favour
               these
               ,
               and
               his
               saying
               ,
               
               when
               he
               perceived
               a
               great
               part
               to
               Vote
               against
               him
               ,
               (
               though
               not
               the
               major
               part
               ,
               as
               he
               says
               )
               that
               he
               could
               have
               kept
               it
               in
               his
               own
               hands
               ,
               do
               come
               home
               to
               the
               point
               ,
               That
               he
               hath
               exercised
               an
               Arbitrary
               Power
               ,
               specially
               when
               it
               is
               for
               his
               own
               benefit
               .
            
             
               His
               pretence
               ,
               that
               this
               Cause
               was
               heard
               before
               the
               Lords
               of
               the
               Council
               ,
               and
               therein
               differs
               from
               that
               of
               my
               Lord
               Mountnorris
               ,
               is
               no
               answer
               at
               all
               ;
               for
               the
               Lords
               of
               the
               Council
               have
               nothing
               to
               do
               in
               matters
               of
               Freehold
               or
               Inheritance
               ,
               when
               it
               concerns
               not
               Plantation
               ,
               or
               the
               Church
               ,
               or
               is
               specially
               recommended
               .
            
             
               That
               they
               concur
               with
               my
               Lord
               Primates
               Examination
               ,
               that
               the
               Clerk
               of
               the
               Council
               should
               draw
               up
               Orders
               according
               to
               the
               major
               part
               of
               the
               Votes
               ;
               but
               what
               he
               hath
               done
               in
               this
               case
               ,
               they
               know
               not
               ;
               and
               how
               far
               a
               Deputy
               might
               prevail
               with
               the
               Clerk
               of
               the
               Council
               ,
               they
               submit
               :
               And
               there
               is
               an
               express
               proof
               of
               one
               of
               the
               Counsellors
               ,
               that
               there
               was
               11.
               or
               12.
               against
               the
               Order
               ,
               and
               nine
               for
               it
               .
            
             
               And
               whereas
               it
               is
               said
               ,
               he
               is
               but
               a
               single
               Witness
               ,
               my
               Lord
               of
               Corke
               says
               ,
               though
               he
               remembers
               not
               which
               way
               the
               major
               voice
               went
               ,
               yet
               he
               remembers
               very
               well
               my
               Lord
               Deputy
               exprest
               those
               words
               ,
               concerning
               the
               making
               of
               a
               Party
               ;
               which
               shews
               ,
               that
               something
               was
               done
               that
               did
               not
               agree
               with
               his
               will
               :
               And
               another
               Witness
               says
               ,
               that
               Sir
               
                 William
                 Parsons
              
               told
               him
               ,
               that
               the
               major
               Vote
               was
               against
               the
               Order
               .
            
             
               And
               whereas
               my
               Lord
               Strafford
               pretends
               ,
               that
               the
               Privy-Counsellor
               that
               told
               Mr.
               Hoy
               ,
               there
               were
               more
               Voices
               for
               his
               Mother
               than
               against
               her
               ,
               must
               be
               my
               Lord
               Mountnorris
               ,
               That
               is
               denied
               ;
               and
               we
               desire
               Mr.
               Hoy
               may
               in
               that
               point
               explain
               himself
               .
            
             
               He
               hath
               called
               Sir
               
                 Philip
                 Maynwaring
              
               ,
               and
               others
               ,
               that
               would
               have
               testified
               the
               truth
               to
               his
               advantage
               ;
               but
               not
               one
               of
               them
               expresses
               any
               thing
               to
               their
               knowledge
               ,
               but
               as
               they
               believe
               it
               ;
               because
               by
               the
               Duty
               of
               his
               place
               ,
               the
               Clerk
               of
               the
               Council
               ought
               to
               have
               drawn
               it
               up
               according
               to
               the
               Votes
               .
            
             
               The
               Threats
               to
               Imprison
               and
               Fine
               the
               Lady
               ;
               and
               the
               kind
               of
               Threats
               are
               proved
               by
               two
               Witnesses
               ,
               with
               this
               addition
               by
               one
               ,
               That
               he
               would
               crack
               her
               Estate
               ;
               which
               shew
               a
               great
               fervency
               in
               my
               Lord
               of
               Strafford
               to
               have
               the
               Order
               performed
               ;
               and
               why
               should
               he
               be
               so
               earnest
               ,
               if
               he
               had
               not
               had
               some
               game
               to
               play
               afterwards
               .
            
             
               If
               the
               Conveyance
               had
               not
               been
               to
               his
               own
               use
               ,
               my
               Lord
               of
               Strafford
               would
               have
               provided
               his
               Testimony
               ;
               It
               being
               proved
               in
               whose
               name
               it
               was
               ,
               and
               both
               they
               affirm
               it
               to
               be
               for
               the
               use
               of
               my
               Lord
               of
               Strafford
               .
            
             
               Mr.
               Hoy
               being
               asked
               ,
               whether
               the
               Counsellor
               who
               told
               him
               how
               the
               Votes
               passed
               ,
               was
               my
               Lord
               Mountnorris
               or
               no
               ;
            
             
               He
               Answered
               ,
               That
               Sir
               
                 Iames
                 Erskyn
              
               ,
               since
               dead
               ,
               gave
               him
               a
               Note
               of
               the
               Names
               :
               And
               that
               the
               Lord
               Arch-Bishop
               of
               Dublin
               told
               him
               presently
               after
               ,
               the
               Vote
               went
               on
               his
               Mothers
               side
               .
            
             
               Mr.
               Palmer
               observed
               ,
               That
               the
               Lord
               of
               Strafford
               draws
               an
               Argument
               ,
               that
               because
               there
               was
               no
               complaint
               of
               the
               Order
               ,
               therefore
               there
               was
               no
               mistake
               ;
               and
               desired
               Mr.
               Hoy
               might
               be
               asked
               ,
               why
               he
               made
               no
               complaint
               .
            
             
               Mr.
               Hoy
               being
               accordingly
               asked
               ;
            
             
               Answered
               ,
               That
               he
               was
               ready
               to
               come
               for
               England
               ,
               and
               to
               take
               Ship
               ,
               and
               that
               Evening
               he
               went
               to
               the
               Master
               of
               the
               Court
               of
               Wards
               ,
               to
               take
               
               his
               leave
               of
               him
               ,
               and
               to
               acquaint
               him
               with
               his
               going
               .
               That
               Sir
               
                 Paul
                 Davis
              
               being
               there
               ,
               he
               and
               the
               Master
               of
               the
               Wards
               ,
               desired
               him
               to
               walk
               into
               the
               Study
               ,
               and
               perswaded
               him
               against
               his
               going
               ,
               telling
               him
               of
               my
               Lord
               Deputies
               great
               Power
               ;
               and
               that
               he
               might
               as
               well
               run
               his
               head
               against
               a
               Rock
               ,
               as
               have
               any
               Remedy
               against
               my
               Lord
               Strafford
               ,
               as
               the
               times
               go
               now
               ;
               and
               this
               was
               very
               soon
               after
               the
               Decree
               ,
               and
               as
               he
               conceives
               ,
               between
               it
               and
               Christmas
               following
               .
            
             
               Being
               asked
               ,
               whether
               Sir
               
                 Paul
                 Davis
              
               shewed
               him
               the
               Order
               ,
               and
               whether
               it
               was
               interlined
               ;
               and
               by
               whose
               hand
               :
            
             
               He
               Answered
               ,
               That
               he
               was
               at
               the
               Clerk
               of
               the
               Council
               to
               have
               got
               a
               Copy
               of
               the
               Order
               ,
               and
               saw
               the
               Order
               interlined
               with
               a
               strange
               hand
               ;
               and
               asking
               whose
               it
               was
               ,
               Sir
               Paul
               told
               him
               ,
               it
               was
               my
               Lord
               Deputies
               .
            
             
               Here
               my
               Lord
               of
               Strafford
               observed
               ,
               that
               it
               is
               very
               ordinary
               for
               the
               
               Clerk
               of
               the
               Council
               to
               bring
               Orders
               to
               the
               Deputy
               ,
               who
               if
               he
               sees
               cause
               ,
               mends
               them
               .
            
             
               Sir
               Dillon
               being
               asked
               ,
               whether
               any
               that
               Voted
               in
               my
               Lady
               Hybbots
               Case
               ,
               did
               tell
               him
               which
               way
               the
               major
               part
               of
               the
               Votes
               in
               my
               Lady
               Hybbots
               Case
               went
               ;
            
             
               He
               Answered
               ,
               That
               a
               little
               before
               his
               coming
               out
               of
               Ireland
               ,
               speaking
               of
               the
               Charge
               against
               my
               Lord
               of
               Strafford
               ,
               and
               particularly
               of
               this
               Cause
               ,
               one
               or
               two
               of
               the
               Privy-Council
               said
               publickly
               ,
               The
               major
               part
               of
               the
               Council
               was
               for
               my
               Lady
               Hybbots
               .
            
             
               To
               this
               last
               part
               my
               Lord
               of
               Strafford
               answered
               ,
               with
               a
               desire
               that
               the
               
               Witness
               might
               be
               asked
               ,
               whether
               Justice
               Parsons
               be
               not
               Father-in-Law
               to
               Mr.
               Hoy
               ;
               And
               that
               this
               was
               since
               his
               my
               Lord
               of
               Straffords
               questioning
               .
            
             
               And
               so
               the
               8th
               Article
               was
               concluded
               ,
               being
               his
               Exercise
               of
               an
               Arbitrary
               Power
               over
               the
               Estates
               of
               His
               Majesties
               Subjects
               ;
               though
               they
               have
               divers
               other
               Instances
               ,
               as
               in
               the
               Case
               of
               the
               Earl
               of
               Ely
               ,
               and
               my
               Lord
               of
               Killdare
               ,
               the
               prime
               Earl
               of
               that
               Kingdom
               .
            
          
           
             
             
             
               THE
               Ninth
               Article
               .
               
                 The
                 Charge
              
               .
            
             
               
                 THat
                 the
                 said
                 Earl
                 of
              
               Strafford
               ,
               
                 the
                 sixtéenth
                 day
                 of
              
               February
               ,
               
                 in
                 the
                 Twelfth
                 year
                 of
                 His
                 Majesties
                 Reign
                 ,
                 assuming
                 to
                 himself
                 a
              
               
               
                 Power
                 above
                 ,
                 and
                 against
                 Law
                 ,
                 took
                 upon
                 him
                 by
                 a
                 general
                 Warrant
                 under
                 his
                 hand
                 ,
                 to
                 give
                 Power
                 to
                 the
                 Lord
                 Bishop
                 of
              
               Downe
               and
               Connor
               ,
               
                 his
                 Chancellor
                 ,
                 or
                 Chancellors
                 ,
                 and
                 their
                 several
                 Officers
                 thereto
                 to
                 be
                 appointed
                 ,
                 to
                 Attach
                 and
                 Arrest
                 the
                 Bodies
                 of
                 all
                 such
                 of
                 the
                 meaner
                 and
                 poorer
                 sort
                 ,
                 who
                 after
                 citation
                 ,
                 should
                 either
                 refuse
                 to
                 appear
                 before
                 them
                 ,
                 or
                 appearing
                 ,
                 should
                 omit
                 ,
                 or
                 deny
                 to
                 perform
                 ,
                 or
                 undergo
                 all
                 Lawful
                 Decrées
                 ,
                 Sentences
                 and
                 Orders
                 ,
                 issued
                 ,
                 imposed
                 ,
                 or
                 given
                 out
                 against
                 them
                 ,
                 and
                 them
                 to
                 Commit
                 ,
                 and
                 kéep
                 in
                 the
                 next
                 Goal
                 ,
                 until
                 they
                 should
                 either
                 perform
                 such
                 Sentences
                 ,
                 or
                 put
                 in
                 sufficient
                 Bail
                 ,
                 to
                 shew
                 some
                 reason
                 before
                 the
                 Council-Table
                 ,
                 of
                 such
                 their
                 contempt
                 and
                 neglect
                 ;
                 and
                 the
                 said
                 Earl
                 ,
                 the
                 day
                 and
                 year
                 last
                 mentioned
                 ,
                 signed
                 and
                 issued
                 a
                 Warrant
                 to
                 that
                 effect
                 ;
                 and
                 made
                 the
                 like
                 Warrants
                 to
                 several
                 other
                 Bishops
                 ,
                 and
                 their
                 Chancellors
                 ,
                 in
                 the
                 said
                 Realm
                 of
              
               Ireland
               ,
               
                 to
                 the
                 same
                 effect
              
               .
            
             
               MR.
               Glyn
               opened
               the
               Ninth
               Article
               ,
               charging
               my
               Lord
               of
               Strafford
               with
               assuming
               of
               a
               Power
               above
               Law
               ,
               in
               granting
               of
               a
               general
               Warrant
               to
               the
               Bishop
               of
               Downe
               and
               Conner
               ,
               to
               attach
               such
               persons
               of
               the
               meaner
               sort
               as
               should
               not
               appear
               on
               their
               Citation
               ,
               to
               apprehend
               their
               Bodies
               ,
               and
               bring
               them
               before
               the
               Council
               ;
               an
               Act
               so
               high
               ,
               that
               higher
               could
               not
               be
               ,
               unless
               it
               extended
               to
               Life
               ,
               as
               my
               Lord
               Mountnorris
               his
               Case
               ;
               to
               grant
               a
               Warrant
               at
               pleasure
               contrary
               to
               Law
               ,
               to
               apprehend
               the
               Bodies
               of
               His
               Majesties
               Subjects
               ,
               that
               live
               under
               the
               protection
               of
               the
               Law
               ;
               which
               if
               it
               be
               made
               good
               ,
               will
               be
               of
               great
               might
               ,
               and
               prove
               the
               Charge
               fully
               .
            
             
               A
               Copy
               of
               the
               Warrant
               being
               produced
               ,
               my
               Lord
               of
               Strafford
               excepted
               against
               it
               ,
               as
               not
               to
               be
               read
               ,
               by
               the
               proceedings
               of
               the
               Court
               ,
               being
               not
               the
               Original
               .
            
             
               To
               which
               the
               Council
               at
               the
               Bar
               answered
               ,
               That
               that
               's
               the
               way
               to
               shelter
               any
               Crime
               ,
               if
               none
               but
               the
               Original
               Warrants
               in
               such
               Cases
               should
               be
               admitted
               ;
               it
               being
               no
               Record
               that
               they
               may
               repair
               to
               it
               .
               And
               their
               Lordships
               being
               desired
               that
               a
               Witness
               might
               be
               heard
               ,
               what
               he
               can
               say
               for
               
               the
               attesting
               of
               it
               ;
               after
               which
               ,
               it
               will
               be
               proper
               for
               their
               Lordships
               to
               judge
               of
               the
               Copy
               .
            
             
               Sir
               
                 Iames
                 Mountgomery
              
               Sworn
               ,
               and
               asked
               whether
               he
               saw
               the
               Original
               
               Warrant
               ;
               and
               whether
               this
               be
               a
               true
               Copy
               .
            
             
               He
               Answered
               ,
               He
               can
               depose
               ,
               that
               he
               hath
               seen
               the
               Original
               Warrant
               ,
               and
               read
               it
               ;
               and
               that
               the
               Bishop
               of
               Derry
               did
               shew
               it
               himself
               .
               That
               this
               Copy
               ,
               he
               believes
               ,
               both
               in
               matter
               and
               words
               ,
               to
               be
               a
               true
               Copy
               ;
               for
               he
               hath
               another
               Copy
               agreeing
               with
               this
               ;
               and
               that
               he
               knows
               this
               Warrant
               hath
               been
               put
               in
               Execution
               many
               times
               ;
               and
               he
               himself
               hath
               been
               charged
               to
               assist
               them
               that
               have
               put
               it
               in
               Execution
               ,
               by
               virtue
               of
               this
               Warrant
               .
            
             
               Thereupon
               the
               Warrant
               was
               read
               ;
               being
               in
               effect
               as
               followeth
               .
            
             
               
                 
                   
                     
                       By
                       the
                       Lord
                       Deputy
                       .
                    
                     
                       FOrasmuch
                       as
                       We
                       have
                       been
                       informed
                       by
                       the
                       Right
                       Reverend
                       Father
                       in
                       God
                       the
                       Lord
                       Bishop
                       of
                       Downe
                       and
                       Conner
                       ,
                       that
                       the
                       most
                       frequent
                       Offences
                       against
                       God
                       ,
                       and
                       the
                       greatest
                       Contempts
                       against
                       the
                       Ecclesiastical
                       Jurisdiction
                       ,
                       are
                       Committed
                       by
                       the
                       meaner
                       and
                       poorer
                       sort
                       of
                       People
                       in
                       that
                       Diocess
                       ;
                       whose
                       faults
                       ,
                       for
                       the
                       most
                       part
                       ,
                       escape
                       unpunished
                       ,
                       by
                       reason
                       the
                       Writ
                       
                         de
                         Excommunicato
                         Capiendo
                      
                       ,
                       is
                       so
                       long
                       before
                       it
                       can
                       be
                       sued
                       forth
                       ,
                       and
                       executed
                       on
                       them
                       ,
                       that
                       they
                       remove
                       to
                       other
                       parts
                       ,
                       and
                       cannot
                       be
                       found
                       ;
                       or
                       if
                       they
                       be
                       taken
                       ,
                       their
                       Poverty
                       is
                       such
                       ,
                       that
                       they
                       cannot
                       satisfie
                       the
                       Sheriff
                       ,
                       and
                       other
                       Officers
                       Fees
                       ,
                       due
                       for
                       taking
                       them
                       on
                       that
                       Writ
                       ;
                       whereby
                       the
                       Officers
                       become
                       negligent
                       ,
                       and
                       backward
                       of
                       doing
                       their
                       Duties
                       .
                       We
                       therefore
                       desiring
                       the
                       suppression
                       of
                       Sin
                       ,
                       and
                       Reformation
                       of
                       Manners
                       ,
                       have
                       thought
                       fit
                       to
                       strengthen
                       the
                       Ecclesiastical
                       Authority
                       of
                       the
                       said
                       Right
                       Reverend
                       Father
                       in
                       God
                       ,
                       the
                       Lord
                       Bishop
                       of
                       Downe
                       and
                       Conner
                       ,
                       with
                       our
                       Secular
                       Power
                       ,
                       and
                       do
                       therefore
                       hereby
                       give
                       Power
                       and
                       Authority
                       to
                       the
                       said
                       Lord
                       Bishop
                       ,
                       his
                       Chancellor
                       or
                       Chancellors
                       ,
                       by
                       their
                       several
                       Officers
                       by
                       them
                       to
                       be
                       appointed
                       ,
                       to
                       Arrest
                       and
                       Attach
                       the
                       Bodies
                       of
                       all
                       such
                       of
                       the
                       meaner
                       and
                       poorer
                       sort
                       ,
                       that
                       after
                       Citation
                       ,
                       shall
                       refuse
                       to
                       appear
                       before
                       them
                       ,
                       or
                       appearing
                       ,
                       shall
                       omit
                       or
                       deny
                       to
                       perform
                       and
                       undergo
                       all
                       Lawful
                       Decrees
                       ,
                       Sentences
                       and
                       Orders
                       ,
                       issued
                       ,
                       imposed
                       ,
                       and
                       given
                       out
                       against
                       them
                       ,
                       and
                       them
                       so
                       Arrested
                       to
                       Commit
                       ,
                       and
                       keep
                       in
                       the
                       next
                       Goal
                       ,
                       till
                       they
                       shall
                       perform
                       such
                       Sentences
                       ,
                       or
                       put
                       in
                       sufficient
                       Bond
                       ,
                       to
                       shew
                       some
                       reasons
                       before
                       the
                       Council-Table
                       of
                       such
                       their
                       Contempts
                       ,
                       &c.
                       willing
                       all
                       Justices
                       of
                       the
                       Peace
                       ,
                       &c.
                       in
                       that
                       Diocess
                       ,
                       to
                       be
                       Aiding
                       ,
                       &c.
                       as
                       they
                       ,
                       &c.
                       Given
                       ,
                       
                         &c.
                         Febr.
                      
                       16.
                       1636.
                       
                    
                     
                       
                         Tho.
                         Little.
                         
                      
                    
                  
                
              
            
             
               Mr.
               Glyn
               opened
               the
               several
               parts
               of
               the
               Warrant
               ,
               and
               offered
               ,
               that
               it
               was
               expresly
               against
               Law
               ,
               putting
               their
               Lordships
               in
               mind
               of
               the
               former
               words
               ,
               That
               he
               would
               make
               an
               Act
               of
               State
               equal
               to
               an
               Act
               of
               Parliament
               :
               But
               now
               he
               is
               better
               than
               his
               word
               ;
               for
               he
               will
               make
               an
               Act
               of
               State
               higher
               than
               an
               Act
               of
               Parliament
               :
               For
               whereas
               by
               the
               Law
               ,
               no
               Subject
               of
               the
               Kings
               ,
               in
               any
               Ecclesiastical
               Court
               ,
               may
               be
               taken
               till
               he
               be
               cited
               ;
               and
               then
               on
               disobedience
               ,
               he
               is
               Excommunicated
               ;
               and
               on
               Excommunication
               ,
               there
               is
               a
               Writ
               called
               ,
               
                 Capias
                 Excommunicatum
              
               ,
               by
               virtue
               of
               which
               
               he
               is
               apprehended
               .
               Now
               my
               Lord
               of
               Strafford
               issues
               a
               Warrant
               to
               take
               him
               ,
               if
               he
               appear
               not
               on
               Citation
               ,
               breaking
               through
               the
               Law
               ,
               and
               making
               no
               matter
               of
               that
               ,
               but
               he
               will
               make
               a
               Law
               that
               extends
               to
               the
               Liberty
               of
               the
               Subject
               .
            
             
               And
               if
               this
               had
               never
               been
               put
               in
               Execution
               ,
               it
               had
               been
               all
               one
               to
               the
               purpose
               of
               the
               Commons
               ;
               for
               this
               shews
               how
               ,
               being
               intrusted
               with
               the
               Kings
               Law
               in
               Ireland
               ,
               he
               discharges
               that
               Trust.
               But
               for
               Execution
               ,
               they
               desired
               Witnesses
               might
               be
               heard
               .
            
             
               Sir
               
                 Iames
                 Mountgomery
              
               being
               asked
               ,
               how
               this
               Warrant
               was
               Executed
               ;
               and
               the
               Kings
               Subjects
               used
               under
               colour
               of
               his
               Authority
               :
            
             
               He
               Answered
               ,
               That
               he
               hath
               seen
               several
               Warrants
               that
               have
               issued
               under
               the
               Hand
               of
               the
               Bishop
               of
               
               Downe's
               Chancellor
               ,
               sometimes
               to
               the
               Constables
               ,
               sometimes
               to
               his
               own
               Apparitors
               ,
               with
               their
               Assistance
               for
               to
               apprehend
               the
               persons
               under-named
               ;
               That
               there
               have
               sometimes
               twenty
               ,
               sometimes
               thirty
               ,
               sometimes
               more
               ,
               sometimes
               less
               names
               ,
               been
               put
               in
               the
               Warrant
               .
               That
               he
               hath
               known
               them
               executed
               with
               great
               cruelty
               ,
               sometimes
               wounding
               ,
               beating
               ,
               imprisoning
               them
               .
            
             
               Being
               asked
               on
               my
               Lord
               of
               Straffords
               motion
               ,
               how
               long
               since
               he
               knew
               any
               thing
               done
               upon
               that
               Warrant
               :
            
             
               He
               Answered
               ,
               Since
               the
               time
               of
               the
               Warrant
               granted
               ;
               and
               he
               thinks
               the
               Warrant
               bears
               date
               February
               1636.
               till
               of
               late
               ,
               much
               about
               this
               time
               Twelve-month
               ,
               which
               was
               the
               last
               time
               he
               was
               charged
               himself
               ,
               to
               be
               assistant
               to
               the
               Execution
               of
               it
               .
               That
               he
               heard
               the
               Bishop
               of
               Derry
               had
               taken
               up
               the
               Warrants
               in
               Sommer
               last
               ,
               on
               many
               and
               frequent
               Complaints
               that
               had
               come
               ;
               and
               had
               withdrawn
               it
               from
               the
               Bishop
               of
               Downe
               about
               Iuly
               last
               .
            
             
               The
               Manager
               closed
               this
               Article
               ,
               observing
               ,
               that
               my
               Lord
               of
               Strafford
               
               not
               only
               takes
               this
               Power
               ,
               but
               gives
               it
               over
               to
               others
               ;
               and
               see
               how
               they
               do
               execute
               it
               over
               the
               Kings
               Subjects
               ;
               Knights
               ,
               and
               men
               of
               Eminency
               must
               be
               called
               to
               assist
               ;
               and
               therefore
               it
               was
               high
               time
               to
               accuse
               my
               Lord
               of
               Strafford
               of
               subverting
               the
               Laws
               of
               Ireland
               .
            
             
               And
               so
               expected
               his
               Lordships
               Answer
               .
            
          
           
             
               My
               Lord
               of
               Strafford
               began
               his
               Defence
               ,
               in
               effect
               as
               followeth
               .
            
             
               Such
               Warrants
               have
               been
               usually
               granted
               to
               the
               Bishops
               of
               Ireland
               ,
               in
               times
               of
               all
               former
               Deputies
               .
               
            
             
               But
               not
               satisfied
               with
               the
               convenience
               thereof
               ,
               I
               refused
               to
               give
               such
               Warrants
               generally
               ,
               as
               was
               formerly
               used
               .
            
             
               Being
               informed
               that
               divers
               in
               the
               Bishoprick
               of
               Downe
               gave
               not
               fitting
               Obedience
               ,
               I
               gave
               this
               Warrant
               ,
               being
               the
               only
               Warrant
               of
               this
               kind
               that
               I
               granted
               ;
               and
               hearing
               complaints
               of
               the
               Execution
               of
               it
               ,
               I
               called
               it
               in
               again
               .
            
             
               They
               have
               produced
               only
               a
               Copy
               of
               the
               Original
               Warrant
               ,
               and
               what
               words
               may
               be
               omitted
               that
               's
               in
               the
               Original
               ,
               God
               knows
               ;
               and
               I
               think
               ,
               under
               favour
               ,
               it
               would
               not
               be
               an
               Evidence
               at
               the
               Kings-Bench
               Bar.
               
            
             
               And
               this
               stands
               with
               the
               practice
               of
               former
               Deputies
               ,
               to
               grant
               such
               Warrants
               of
               Assistance
               to
               the
               Bishops
               .
            
             
             
               The
               Lord
               Primate
               of
               Ireland
               ,
               his
               Examination
               read
               .
            
             
               To
               the
               7th
               Interrogatory
               ,
               That
               he
               remembers
               his
               immediate
               Predecessor
               in
               the
               Bishoprick
               of
               Meath
               told
               him
               ,
               he
               had
               a
               Warrant
               of
               Assistance
               from
               the
               then
               Lord
               Deputy
               ,
               who
               was
               either
               the
               Lord
               Chichester
               ,
               or
               the
               Lord
               Grandison
               ;
               That
               the
               Recusants
               in
               his
               Diocess
               desired
               it
               might
               be
               so
               ,
               for
               the
               saving
               of
               those
               Charges
               which
               would
               come
               on
               them
               by
               the
               Writs
               
                 de
                 Excommunicat
                 '
                 Capiendo
              
               .
            
             
               Robert
               Lord
               Dillon
               ,
               being
               asked
               whether
               he
               had
               known
               formerly
               such
               Warrants
               to
               be
               granted
               ,
               and
               by
               whom
               .
            
             
               He
               Answered
               ,
               He
               hath
               heard
               Writs
               of
               Assistance
               have
               been
               granted
               by
               former
               Deputies
               ,
               but
               he
               remembers
               not
               that
               ever
               he
               saw
               any
               .
            
             
               Mr.
               
                 Tho.
                 Little
              
               being
               asked
               ,
               whether
               this
               Warrant
               was
               granted
               according
               to
               former
               Presidents
               :
            
             
               He
               Answered
               ,
               That
               he
               hath
               seen
               one
               of
               the
               Original
               Warrants
               before
               my
               Lords
               coming
               there
               ;
               and
               that
               it
               was
               brought
               to
               him
               to
               draw
               another
               by
               ;
               And
               going
               to
               instance
               in
               some
               Copies
               seen
               in
               my
               Lord
               of
               Faulklands
               Book
               of
               Entries
               ,
            
             
               The
               Manager
               excepted
               against
               him
               ,
               for
               medling
               with
               a
               Book
               formerly
               
               over-ruled
               .
            
             
               Mr.
               Little
               proceeds
               ,
               That
               he
               hath
               seen
               an
               Original
               Warrant
               by
               which
               this
               was
               drawn
               ,
               and
               it
               was
               under
               my
               Lord
               of
               
               Faulkland's
               hand
               ;
               and
               this
               was
               made
               according
               to
               that
               pattern
               .
            
             
               Being
               asked
               ,
               whether
               my
               Lord
               of
               Strafford
               did
               not
               restrain
               ,
               and
               give
               direction
               to
               him
               not
               to
               issue
               any
               other
               Warrant
               of
               that
               nature
               :
            
             
               He
               Answered
               ,
               There
               was
               no
               more
               made
               but
               this
               ,
               though
               divers
               required
               them
               ,
               my
               Lord
               forbidding
               him
               at
               all
               times
               afterwards
               .
            
             
               My
               Lord
               of
               Strafford
               offered
               his
               humble
               request
               to
               their
               Lordships
               ,
               that
               
               in
               all
               things
               that
               concern
               the
               Irish
               Charge
               ,
               they
               will
               please
               to
               remember
               ,
               it
               was
               not
               possible
               for
               him
               to
               procure
               any
               Witnesses
               in
               this
               short
               time
               of
               his
               Trial
               ,
               having
               not
               liberty
               till
               Friday
               was
               seven
               night
               ;
               These
               things
               being
               notorious
               ,
               and
               might
               have
               been
               cleared
               if
               he
               had
               had
               time
               .
            
             
               He
               added
               ,
               That
               whether
               this
               be
               a
               true
               Copy
               of
               the
               Warrant
               or
               no
               ,
               I
               cannot
               tell
               ,
               but
               likely
               enough
               it
               is
               .
            
             
               That
               it
               was
               moved
               for
               by
               the
               Bishop
               of
               Downe
               and
               Connor
               ,
               to
               whom
               ,
               for
               some
               reasons
               ,
               I
               was
               willing
               to
               grant
               it
               ;
               but
               being
               afterwards
               told
               by
               Sir
               
                 George
                 Ratcliffe
              
               ,
               that
               he
               doubted
               whether
               it
               was
               Legal
               or
               no
               ,
               I
               called
               it
               in
               again
               ,
               and
               never
               granted
               any
               but
               this
               .
            
             
               That
               (
               as
               appears
               in
               the
               proof
               )
               I
               sent
               to
               the
               Bishop
               of
               Derry
               ,
               and
               desired
               him
               to
               call
               in
               the
               Warrant
               ,
               and
               so
               he
               did
               long
               before
               this
               complaint
               :
               And
               thence
               I
               infer
               ,
               that
               it
               could
               not
               argue
               my
               intention
               to
               break
               the
               same
               .
            
             
               Whereas
               the
               Gentleman
               at
               the
               Bar
               said
               ,
               that
               I
               had
               been
               better
               than
               my
               word
               ;
               for
               I
               had
               said
               ,
               an
               Act
               of
               State
               should
               be
               as
               good
               as
               an
               Act
               of
               Parliament
               ;
               but
               here
               I
               made
               an
               Act
               of
               State
               better
               than
               an
               Act
               of
               Parliament
               .
               I
               observe
               ,
               that
               he
               is
               willing
               to
               make
               me
               better
               than
               my
               word
               ,
               when
               it
               may
               be
               for
               my
               disadvantage
               ;
               but
               is
               willing
               to
               make
               me
               worse
               than
               my
               
               word
               ,
               when
               by
               disproving
               me
               ,
               he
               may
               hurt
               me
               .
               That
               therefore
               it
               befits
               me
               to
               do
               as
               well
               as
               I
               can
               for
               my self
               in
               this
               case
               ;
               yet
               not
               to
               take
               it
               amiss
               from
               the
               Gentleman
               ,
               who
               doth
               but
               his
               duty
               .
            
             
               Finally
               ,
               I
               conceive
               it
               not
               Treason
               in
               me
               to
               follow
               the
               President
               and
               Practice
               of
               those
               which
               have
               gone
               before
               me
               ,
               which
               though
               it
               be
               not
               altogether
               so
               Legal
               ,
               yet
               I
               hope
               it
               is
               not
               Treasonable
               .
               Nor
               is
               it
               Treason
               to
               mistake
               the
               Law
               ;
               if
               it
               should
               ,
               there
               would
               be
               more
               actions
               of
               Treason
               than
               Trespass
               in
               Westminster-hall
               ;
               for
               I
               think
               few
               understand
               it
               ,
               I
               do
               not
               I
               am
               sure
               .
            
             
               And
               so
               I
               hope
               this
               shall
               never
               rise
               up
               in
               Judgment
               against
               me
               in
               its
               self
               ,
               or
               as
               a
               concurrent
               Argument
               towards
               Treason
               .
            
          
           
             
               Mr.
               Glyn
               replied
               ,
               in
               substance
               as
               followeth
               :
            
             
               What
               my
               Lord
               of
               Strafford
               is
               charged
               with
               ,
               he
               confesses
               to
               be
               an
               Authority
               
               above
               Law
               ;
               and
               that
               it
               is
               not
               justifiable
               .
            
             
               Yet
               he
               would
               justifie
               it
               by
               the
               practice
               of
               his
               Predecessors
               ,
               wherein
               the
               examination
               of
               my
               Lord
               Primate
               ,
               offered
               for
               Proof
               thereof
               ,
               aggravates
               the
               Offence
               ,
               the
               Warrant
               therein
               mentioned
               ,
               being
               procured
               at
               the
               Request
               of
               the
               Papists
               ;
               and
               perhaps
               it
               might
               be
               so
               now
               :
               but
               the
               Protestants
               have
               been
               Oppressed
               by
               it
               .
               That
               was
               to
               save
               the
               charge
               of
               a
               
                 Capias
                 Excommunicatum
              
               ,
               which
               was
               the
               Process
               issued
               upon
               Excommunication
               ;
               but
               by
               this
               Warrant
               they
               must
               be
               taken
               on
               the
               Citation
               ,
               down-right
               Club-Law
               ,
               having
               in
               similitude
               the
               Civil
               Law.
               
            
             
               That
               his
               own
               Secretary
               that
               made
               the
               Warrant
               ,
               and
               is
               as
               guilty
               as
               himself
               ,
               tells
               of
               a
               President
               ,
               according
               to
               which
               he
               made
               this
               ;
               Therefore
               the
               Copy
               produced
               is
               a
               true
               Copy
               ,
               else
               he
               says
               not
               truth
               .
            
             
               That
               whereas
               his
               Lordship
               says
               it
               is
               a
               single
               Act
               ,
               and
               as
               soon
               as
               he
               had
               notice
               of
               the
               Illegality
               of
               it
               ,
               he
               recalled
               it
               ,
               and
               therefore
               it
               should
               not
               be
               laid
               to
               his
               Charge
               :
               Indeed
               if
               it
               were
               a
               single
               Act
               ,
               this
               Answer
               might
               be
               taken
               ;
               but
               when
               in
               the
               case
               of
               my
               Lord
               of
               Corke
               ,
               his
               Inheritance
               was
               to
               be
               determined
               ,
               and
               desired
               the
               benefit
               of
               the
               Law
               ,
               did
               my
               Lord
               of
               Strafford
               suffer
               the
               course
               of
               Law
               to
               go
               on
               :
               Now
               when
               he
               is
               pleased
               to
               make
               an
               excuse
               for
               himself
               ,
               he
               calls
               it
               in
               ;
               but
               when
               in
               matter
               of
               Life
               and
               Inheritance
               concerning
               Peers
               ,
               Right
               is
               demanded
               ,
               he
               denies
               it
               .
               If
               this
               single
               Act
               be
               compared
               with
               other
               Exorbitant
               Proceedings
               ,
               we
               refer
               it
               to
               Your
               Lordships
               Wisdom
               and
               Justice
               ,
               whether
               it
               be
               not
               a
               strong
               Evidence
               to
               prove
               his
               subverting
               of
               the
               Laws
               .
            
             
               After
               some
               discourse
               touching
               their
               proceeding
               on
               with
               the
               10th
               Article
               ,
               for
               that
               the
               same
               would
               hold
               long
               ,
               the
               day
               far
               spent
               ,
               and
               my
               Lord
               Cottington
               and
               Sir
               
                 Arthur
                 Ingram
              
               ,
               material
               Witnesses
               for
               My
               Lord
               of
               Strafford
               ,
               (
               as
               he
               alledged
               )
               were
               absent
               ;
               for
               whose
               Examination
               his
               Lordship
               desired
               a
               Commission
               ,
               Their
               Lordships
               Adjourned
               the
               House
               .
            
          
        
         
           
           
             The
             Ninth
             day
             .
          
           
             Wednesday
             ,
             March
             31.
             1641.
             
          
           
           
             THE
             Tenth
             Article
             .
             
               The
               Charge
            
             .
          
           
             
               THat
               the
               said
               Earl
               of
            
             Strafford
             
               being
               Lord
               Lieutenant
               ,
               or
               Deputy
               of
            
             Ireland
             ,
             
               procured
               the
               Customs
               of
               the
               Merchandise
               Exported
            
             
             
               out
               ,
               and
               Imported
               into
               that
               Realm
               ,
               to
               be
               Farmed
               to
               his
               own
               use
               .
            
          
           
             
               And
               in
               the
               Ninth
               year
               of
               His
               now
               Maiesties
               Reign
               ,
               he
               having
               then
               Interest
               in
               the
               said
               Customs
               (
               to
               advance
               his
               own
               gain
               and
               lucre
               )
               did
               cause
               and
               procure
               the
               Native
               Commodities
               of
            
             Ireland
             ,
             
               to
               be
               rated
               in
               the
               Book
               of
               Rates
               for
               the
               Customs
               ,
               (
               according
               to
               which
               the
               Customs
               were
               usually
               gathered
               )
               at
               far
               greater
               Ualues
               and
               Prices
               ,
               than
               in
               truth
               they
               were
               worth
               ,
               (
               that
               is
               to
               say
               )
               every
               Hyde
               at
               Twenty
               shillings
               ,
               which
               in
               truth
               was
               worth
               but
               Five
               shillings
               ;
               every
               Stone
               of
               Wool
               at
               Chirtéen
               shillings
               four
               pence
               ,
               though
               the
               same
               were
               really
               worth
               but
               five
               shillings
               ,
               at
               the
               utmost
               nine
               shillings
               ;
               by
               which
               means
               the
               Custom
               ,
               which
               before
               was
               but
               a
               Twentieth
               part
               of
               the
               true
               value
               of
               the
               Commodity
               ,
               was
               Enhanced
               sometimes
               a
               Fifth
               part
               ,
               and
               sometimes
               to
               a
               Fourth
               ,
               and
               sometimes
               to
               a
               Third
               part
               of
               the
               true
               value
               ;
               to
               the
               great
               Oppression
               of
               the
               Subjects
               ,
               and
               Decay
               of
               Merchandise
               .
            
          
           
             MR.
             Maynard
             proceeded
             to
             the
             10th
             Article
             ,
             saying
             ,
             They
             had
             shewed
             what
             my
             Lord
             meant
             to
             do
             ,
             what
             he
             threatned
             ,
             what
             he
             did
             concerning
             the
             Lives
             of
             His
             Majesties
             Subjects
             ,
             what
             advantages
             he
             found
             to
             order
             their
             Tongues
             ,
             to
             cut
             off
             their
             Heads
             ;
             but
             he
             rested
             not
             there
             ,
             Their
             Lordships
             have
             heard
             how
             he
             Executed
             one
             without
             Law
             ;
             The
             subsequent
             Articles
             were
             under
             colour
             of
             Law
             ,
             to
             take
             away
             the
             Subjects
             Lands
             ,
             to
             distribute
             them
             in
             a
             way
             of
             Justice
             ;
             and
             yet
             they
             come
             to
             his
             own
             profit
             .
             Now
             the
             10th
             Article
             charges
             him
             ,
             that
             he
             did
             procure
             to
             Farm
             to
             his
             own
             use
             ,
             the
             Customs
             of
             Ireland
             ,
             that
             he
             inhanced
             those
             Customs
             ,
             procured
             a
             Book
             of
             Rates
             to
             be
             
             made
             ,
             and
             Goods
             valued
             Treble
             to
             the
             worth
             of
             the
             Commodity
             ;
             instancing
             in
             two
             particulars
             ,
             Wools
             worth
             5
             s.
             the
             Stone
             ,
             or
             at
             most
             Nine
             ,
             rated
             up
             to
             13
             s.
             4
             d.
             and
             a
             Hyde
             valued
             at
             20
             s.
             which
             was
             in
             truth
             worth
             but
             5
             s.
             That
             these
             High
             values
             were
             put
             upon
             them
             to
             increase
             the
             Customs
             .
             That
             my
             Lord
             of
             Strafford
             in
             his
             Answer
             ,
             pretends
             it
             not
             to
             be
             done
             for
             his
             own
             benefit
             ,
             but
             for
             the
             advantage
             of
             His
             Majesty
             ,
             and
             gives
             some
             Colours
             ,
             which
             are
             left
             to
             himself
             to
             open
             and
             prove
             .
             That
             they
             shall
             prove
             the
             Fact
             to
             be
             done
             for
             his
             own
             advantage
             ,
             to
             the
             great
             deceit
             and
             disadvantage
             of
             His
             Majesty
             .
          
           
             The
             Case
             was
             stated
             thus
             .
          
           
             His
             Majesty
             King
             Iames
             did
             ,
             in
             the
             16th
             year
             of
             his
             Reign
             ,
             Lease
             to
             the
             Duke
             of
             Buckingham
             ,
             the
             Customs
             of
             Ireland
             for
             10
             years
             :
             In
             which
             Lease
             there
             were
             Exceptions
             and
             Agreements
             of
             Defalcations
             ,
             as
             the
             Custom
             of
             Wines
             ,
             which
             were
             Leased
             to
             my
             Lord
             Carlisle
             ,
             at
             the
             Rent
             of
             1400
             
               l.
               per
               annum
            
             to
             the
             Crown
             ;
             and
             on
             this
             Lease
             was
             reserved
             6000
             l.
             a
             year
             Rent
             ,
             and
             half
             the
             clear
             profits
             above
             the
             Rent
             ;
             which
             half
             did
             amount
             to
             3700
             l.
             a
             year
             .
             There
             was
             a
             second
             Lease
             made
             to
             the
             Dutchess
             of
             Buckingham
             ,
             being
             in
             the
             time
             of
             7
             Car.
             who
             was
             to
             have
             a
             certain
             sum
             out
             of
             the
             Lease
             ,
             but
             the
             profit
             was
             for
             my
             Lord
             of
             Strafford
             and
             his
             Partners
             .
             Mr.
             Maynard
             observed
             the
             difference
             of
             the
             two
             Leases
             ;
             and
             shewed
             ,
             that
             it
             was
             not
             only
             a
             bargain
             of
             loss
             to
             His
             Majesty
             ,
             of
             what
             he
             had
             ,
             but
             also
             a
             bargain
             by
             way
             of
             advancement
             of
             that
             which
             was
             not
             by
             inhancing
             the
             values
             .
          
           
             Which
             he
             demonstrated
             thus
             ;
             The
             King
             out
             of
             the
             first
             Lease
             to
             the
             Duke
             6000
             l.
             and
             3700
             l.
             that
             is
             ,
             9700
             l.
             by
             the
             latter
             Lease
             11050
             l.
             so
             at
             first
             view
             ,
             1350
             l.
             gain
             ,
             besides
             the
             Fine
             pretended
             to
             be
             paid
             ;
             But
             in
             lieu
             thereof
             ,
             the
             Lease
             to
             my
             Lord
             of
             Carlisle
             was
             procured
             to
             be
             surrendred
             ,
             upon
             which
             the
             King
             had
             1400
             l
             ,
             a
             year
             Rent
             ,
             before
             the
             Dutchess
             ,
             that
             is
             now
             my
             Lord
             of
             Straffords
             Lease
             ,
             was
             Sealed
             ;
             which
             1400
             l.
             a
             year
             ,
             is
             not
             reserved
             in
             the
             said
             latter
             Lease
             ,
             the
             surrender
             being
             21
             Mar.
             the
             Demise
             24
             Mar.
             So
             that
             1400
             l.
             a
             year
             is
             swept
             away
             by
             my
             Lord
             of
             Strafford
             ,
             instead
             of
             the
             1350
             l.
             by
             way
             of
             advance
             .
          
           
             Besides
             the
             surplusage
             of
             the
             profit
             of
             the
             Farm
             of
             Wines
             ,
             Demised
             to
             my
             Lord
             of
             Carlisle
             ,
             amounted
             to
             3400
             l.
             a
             year
             ;
             sometimes
             an
             odd
             500
             l.
             sometimes
             200
             l.
             but
             
               Communibus
               annis
            
             ,
             it
             was
             above
             3000
             l.
             And
             this
             being
             by
             Surrender
             ,
             drawn
             into
             my
             Lord
             of
             Straffords
             purse
             ,
             but
             out
             of
             the
             Kings
             purse
             ,
             and
             that
             not
             only
             by
             way
             of
             gift
             ;
             for
             this
             surplusage
             above
             the
             1400
             
               l.
               per
               annum
            
             on
             the
             Wines
             ,
             was
             to
             be
             made
             good
             out
             of
             the
             11050
             l.
             So
             that
             out
             of
             the
             11050
             l.
             there
             is
             drawn
             from
             His
             Majesty
             4500
             l.
             instead
             of
             an
             advance
             of
             1350
             l.
             And
             it
             rests
             not
             here
             ,
             for
             besides
             these
             ,
             the
             Customs
             of
             
               London
               Derry
            
             ,
             and
             Colerane
             ,
             worth
             1500
             l.
             a
             year
             ,
             and
             the
             Customs
             of
             Knockfergus
             and
             Strangford
             ,
             (
             reserved
             in
             the
             Dukes
             Lease
             )
             are
             stollen
             out
             by
             way
             of
             Defalcation
             in
             the
             Earl
             of
             Straffords
             Lease
             .
          
           
             Besides
             ,
             whereas
             the
             Duke
             of
             Buckingham
             had
             a
             moiety
             of
             the
             Kings
             moiety
             ,
             of
             all
             Seizures
             in
             case
             of
             mens
             concealing
             Custom
             ,
             or
             Landing
             Goods
             at
             unseasonable
             times
             ,
             the
             Statute
             allowing
             to
             His
             Majesty
             in
             some
             such
             cases
             a
             Moiety
             ,
             in
             some
             cases
             the
             whole
             ,
             my
             Lord
             of
             Strafford
             by
             his
             Lease
             ,
             must
             have
             all
             that
             belonged
             to
             the
             King.
             
          
           
             And
             whereas
             the
             Duke
             of
             Buckingham
             had
             ,
             for
             Merchants
             Goods
             that
             came
             in
             by
             way
             of
             prize
             ,
             an
             allowance
             of
             Custom
             .
             By
             the
             Lease
             of
             my
             Lord
             of
             
             Strafford
             ,
             whether
             they
             be
             the
             Kings
             Goods
             ,
             or
             his
             Subjects
             ,
             Custom
             must
             be
             paid
             by
             His
             Majesty
             ,
             to
             his
             own
             Subjects
             .
          
           
             Mr.
             Glyn
             observed
             also
             a
             strange
             Clause
             in
             the
             new
             Grant
             ;
             which
             is
             to
             the
             matter
             of
             opposition
             and
             Subversion
             of
             the
             Laws
             ,
             That
             this
             Grant
             shall
             hold
             ,
             whether
             it
             be
             repealed
             by
             Parliament
             or
             not
             :
             And
             further
             ,
             the
             Rates
             are
             inhanced
             when
             they
             come
             to
             my
             Lord
             of
             Straffords
             Grant
             ,
             in
             12
             particulars
             ;
             so
             that
             the
             Customs
             which
             at
             that
             time
             were
             presented
             as
             worth
             12000
             l.
             a
             year
             ,
             fall
             out
             on
             proof
             to
             yield
             ,
             seldom
             less
             than
             40.
             sometimes
             near
             60000
             l.
             a
             year
             ;
             all
             which
             Gain
             hath
             gone
             out
             of
             the
             Kings
             Purse
             ,
             and
             is
             in
             my
             Lord
             of
             Straffords
             ,
             and
             his
             Partners
             .
          
           
             The
             Lease
             made
             to
             the
             Duke
             of
             Buckingham
             was
             first
             read
             ,
             as
             to
             the
             Grant
             ,
             the
             Render
             ,
             and
             the
             Defalcations
             ,
             Dat.
             23
             May
             ,
             16
             Car.
             
          
           
             The
             Lease
             to
             the
             Dutchess
             of
             Buckingham
             was
             next
             read
             ,
             dated
             24
             Mar.
             7
             Car.
             from
             the
             several
             parts
             whereof
             ,
             Mr.
             Maynard
             observed
             the
             inhancing
             of
             the
             Rates
             ;
             The
             Grant
             of
             the
             Wines
             ,
             the
             Payment
             of
             the
             Customs
             for
             the
             Kings
             Prize-goods
             ,
             the
             Clause
             touching
             the
             Repeal
             by
             Parliament
             ,
             the
             Defalcations
             ,
             the
             allowing
             the
             part
             of
             the
             Kings
             Moiety
             of
             the
             Seizures
             ,
             so
             formerly
             opened
             ,
             to
             be
             fully
             manifested
             .
          
           
             In
             this
             Lease
             there
             is
             20000
             l.
             consideration
             by
             way
             of
             Fine
             ,
             and
             11050
             Rent
             received
             .
          
           
             The
             Grant
             of
             the
             Surplusage
             of
             the
             profit
             of
             Wines
             to
             the
             Earl
             of
             Carlisle
             above
             the
             said
             1400
             
               l.
               per
               annum
            
             Rent
             ,
             for
             the
             remainder
             of
             fifteen
             years
             ,
             was
             read
             .
          
           
             Wherein
             is
             recited
             the
             original
             Grant
             under
             the
             said
             yearly
             Rent
             of
             1400
             l.
             and
             the
             Surrender
             thereof
             to
             the
             Crown
             ,
             21
             Martii
             ,
             7
             Car.
             
          
           
             They
             proceed
             to
             prove
             the
             Values
             .
          
           
             And
             first
             ,
             Witnesses
             were
             produced
             to
             prove
             ,
             that
             by
             the
             Duke
             of
             Buckinghams
             Lease
             ,
             3700
             
               l.
               per
               annum
            
             ,
             was
             answered
             to
             the
             Crown
             for
             the
             Moiety
             of
             the
             Surplusage
             of
             Profits
             ,
             over
             and
             above
             the
             6000
             l.
             yearly
             Rent
             thereupon
             observed
             .
          
           
             The
             Lord
             Ranulagh
             being
             asked
             to
             that
             point
             ,
             
          
           
             Answered
             ,
             That
             he
             was
             a
             Partner
             in
             the
             Farm
             in
             the
             time
             of
             my
             Lord
             of
             Faulklands
             Government
             in
             Ireland
             ,
             and
             on
             the
             Lease
             there
             was
             reserved
             to
             the
             King
             ,
             over
             and
             above
             the
             6000
             l.
             a
             surplusage
             of
             the
             profits
             ,
             which
             came
             to
             3700
             l.
             
          
           
             To
             prove
             the
             value
             of
             the
             Wine-Customs
             above
             the
             1400
             l.
             Rent
             ,
             reserved
             on
             the
             Earl
             of
             Carlisles
             Lease
             ,
             which
             was
             to
             be
             answered
             to
             the
             Earl
             of
             Carlisle
             ,
             out
             of
             the
             11050
             l.
             
          
           
             Sir
             
               Iames
               Hey
            
             sworn
             and
             interrogated
             to
             that
             point
             .
             
          
           
             Answered
             ,
             That
             in
             1635.
             the
             late
             Earl
             of
             Carlisle
             sent
             him
             into
             Ireland
             ,
             to
             settle
             his
             affairs
             there
             ,
             where
             he
             stayed
             almost
             12
             months
             ;
             and
             then
             he
             received
             a
             years
             account
             of
             the
             Wines
             ,
             which
             he
             hath
             to
             produce
             under
             the
             hand
             of
             the
             Auditor
             of
             that
             Kingdom
             ,
             which
             is
             the
             money
             received
             for
             the
             profit
             of
             the
             Wines
             .
          
           
           
             The
             Accompt
             was
             read
             ,
             viz.
             
          
           
             A
             Collection
             of
             what
             the
             Impost
             of
             Wines
             amounted
             to
             ,
             according
             to
             the
             old
             Rates
             for
             the
             year
             ended
             ,
             March
             1635.
             in
             the
             several
             parts
             following
             ,
             wherein
             all
             Wines
             discharged
             out
             of
             forraign
             bottoms
             ,
             are
             rated
             as
             strangers
             ,
             viz.
             
          
           
             The
             Total
             ,
             3787
             l.
             15
             s.
             9
             d.
             Sterl
             .
             Out
             of
             which
             the
             sum
             of
             1400
             l.
             the
             Rent
             formerly
             reserved
             to
             His
             Majesty
             out
             of
             the
             said
             Impost
             defalked
             ,
             there
             will
             remain
             2387
             l.
             15
             s.
             9
             d.
             
          
           
             Sir
             
               Iames
               Hey
            
             further
             said
             ,
             That
             1636.
             my
             Lord
             of
             Carlisle
             dyed
             ,
             and
             he
             will
             not
             depose
             for
             that
             years
             Accompt
             ,
             but
             he
             conceives
             it
             is
             an
             Accompt
             sent
             over
             from
             the
             same
             party
             :
             And
             that
             he
             had
             a
             Letter
             from
             an
             Officer
             of
             the
             Custom-house
             at
             Dublin
             ,
             wherein
             he
             mentioned
             the
             Impost
             to
             amount
             to
             5000
             l.
             and
             upwards
             ,
             either
             1638.
             or
             1639.
             but
             he
             is
             not
             certain
             which
             .
          
           
             To
             prove
             the
             Value
             of
             the
             Defalcations
             of
             
               London
               Derry
            
             and
             Colerane
             .
          
           
             
               Robert
               Goodwyn
            
             sworn
             ;
             being
             asked
             what
             the
             Customs
             of
             
               London
               Derry
            
             and
             Colerane
             amounted
             to
             
               Communibus
               Annis
            
             :
             
          
           
             He
             Answered
             ,
             That
             the
             Customs
             received
             in
             the
             Town
             of
             Colerane
             ,
             In-gate
             and
             out-gate
             ,
             from
             25
             Mar.
             1634.
             till
             25
             Mar.
             1639.
             being
             for
             the
             space
             of
             five
             whole
             years
             ,
             as
             appears
             by
             the
             several
             Accompts
             thereof
             ,
             is
             1079
             l.
             6
             s.
             1
             d.
             ½
             .
             That
             the
             Total
             of
             the
             Customs
             of
             
               London
               Derry
            
             ,
             where
             he
             collected
             himself
             in-gate
             and
             out-gate
             ,
             from
             the
             last
             of
             Febr.
             1634.
             till
             Michaelmas
             1639.
             as
             appears
             by
             the
             several
             Accompts
             thereof
             made
             by
             His
             Majesties
             Commissioners
             for
             the
             City
             and
             County
             of
             
               London
               Derry
            
             ,
             is
             5348
             l.
             11
             s.
             10
             d.
             That
             he
             shall
             acquaint
             their
             Lordships
             with
             the
             full
             Truth
             .
             These
             were
             not
             Collected
             according
             to
             the
             Book
             of
             Rates
             ,
             but
             at
             an
             under
             value
             .
             That
             all
             the
             Book
             of
             Rates
             1634.
             and
             so
             forward
             to
             the
             last
             Book
             ,
             do
             value
             Beef
             at
             16
             l.
             a
             Tun.
             But
             because
             Beef
             is
             sold
             in
             Derry
             and
             Colerane
             ,
             for
             6
             or
             7
             l.
             a
             Tun
             at
             utmost
             ;
             therefore
             he
             was
             directed
             by
             the
             City
             of
             London
             to
             take
             6
             s.
             after
             the
             rate
             of
             6
             l.
             
          
           
             Then
             for
             Hydes
             ,
             these
             Books
             of
             Rates
             value
             a
             Hyde
             at
             12
             s.
             and
             where
             he
             should
             have
             taken
             6
             d.
             he
             received
             by
             direction
             of
             the
             City
             but
             2
             d.
             at
             the
             Infancy
             of
             the
             Plantation
             ,
             and
             for
             the
             good
             of
             the
             place
             ,
             which
             the
             City
             tendred
             .
          
           
             
               Henry
               Brawd
            
             sworn
             ,
             and
             examined
             to
             the
             same
             matter
             ,
             
          
           
             Answered
             ,
             According
             to
             the
             Deposition
             of
             
               Robert
               Goodwyn
            
             ,
             for
             the
             value
             of
             the
             Customs
             of
             Colerane
             and
             
               London
               Derry
            
             .
          
           
             To
             prove
             the
             value
             of
             the
             Farms
             in
             Ireland
             .
          
           
             
               Iohn
               Welsh
            
             sworn
             ,
             and
             examined
             to
             that
             point
             .
          
           
             Answered
             ,
             That
             he
             can
             speak
             nothing
             of
             knowledge
             ,
             but
             only
             by
             hear-say
             .
          
           
           
             To
             prove
             the
             value
             of
             the
             Customs
             ,
             as
             increased
             on
             the
             New
             Book
             of
             Rates
             .
          
           
             
               Robert
               Cogan
            
             sworn
             ,
             and
             Examined
             to
             that
             Point
             .
             
          
           
             Answered
             ,
             That
             he
             never
             cast
             them
             up
             in
             particular
             ,
             but
             he
             did
             estimate
             them
             before
             they
             took
             the
             Farm
             to
             be
             worth
             10
             or
             12000
             l.
             a
             year
             .
          
           
             Here
             on
             my
             Lord
             of
             
             Strafford's
             Motion
             ,
             Mr.
             Cogan
             was
             asked
             ,
             Where
             he
             now
             lives
             .
          
           
             He
             Answered
             ,
             In
             London
             .
          
           
             To
             prove
             the
             increase
             of
             Customs
             1636
             ,
             1637
             ,
             1638
             ,
             1639.
             
          
           
             
               Iohn
               Welsh
            
             Examined
             to
             that
             Point
             .
             
          
           
             Answered
             ,
             That
             he
             was
             directed
             from
             the
             Committee
             to
             come
             hither
             :
             That
             he
             went
             into
             the
             Exchequer-Office
             ,
             and
             took
             notice
             of
             some
             Books
             there
             ,
             presented
             to
             him
             by
             one
             of
             the
             Officers
             of
             the
             House
             ,
             and
             he
             Collected
             these
             four
             years
             ,
             1636
             ,
             37
             ,
             38
             ,
             and
             39.
             and
             as
             they
             came
             to
             his
             hands
             he
             put
             them
             down
             ,
             1636.
             they
             came
             to
             39936
             l.
             1637.
             38889
             l.
             1638.
             57380
             l.
             1639.
             55582
             l.
             
          
           
             Being
             asked
             concerning
             the
             value
             of
             Hydes
             ,
             Wooll
             ,
             and
             Tallow
             .
          
           
             He
             Answered
             ,
             That
             he
             knew
             the
             values
             very
             well
             ,
             being
             Commodities
             he
             deals
             in
             daily
             :
             That
             he
             hath
             bought
             Hydes
             for
             3
             s.
             some
             4
             s.
             some
             5
             s.
             and
             very
             few
             exceed
             these
             Rates
             .
          
           
             And
             in
             their
             Parts
             they
             ordinarily
             give
             50
             l.
             a
             Last
             ,
             which
             is
             200
             Hydes
             ,
             and
             then
             they
             have
             ordinarily
             30
             or
             40
             Hydes
             on
             the
             Last
             to
             make
             them
             full
             Hydes
             .
             For
             Wooll
             there
             is
             of
             3
             s.
             4
             s.
             5
             s.
             8
             s.
             9
             s.
             and
             that
             's
             the
             highest
             price
             he
             ever
             paid
             ,
             or
             knew
             any
             of
             his
             Neighbours
             to
             pay
             ,
             he
             living
             in
             Waterford
             .
          
           
             Whence
             Mr.
             Maynard
             observed
             ,
             That
             a
             Hyde
             of
             5
             s.
             is
             rated
             at
             20
             s.
             and
             9
             s.
             the
             uttermost
             for
             Wooll
             ,
             rated
             at
             13
             s.
             4
             d.
             
          
           
             Lord
             Renula
             being
             Interrogated
             to
             the
             value
             of
             the
             Customs
             1636
             ,
             37
             ,
             
             38
             ,
             and
             39.
             
          
           
             He
             Answered
             ,
             That
             all
             he
             knew
             of
             it
             is
             this
             ,
             about
             Christmas
             last
             he
             called
             on
             the
             Remembrancer
             of
             the
             Office
             of
             Exchequer
             ,
             that
             keeps
             the
             Books
             of
             the
             Customs
             ,
             he
             desired
             a
             Note
             of
             the
             value
             of
             the
             Customs
             for
             three
             or
             four
             years
             back
             ,
             and
             the
             Officer
             gave
             him
             a
             Note
             1636
             ,
             37
             ,
             38
             ,
             39
             ,
             which
             Note
             he
             hath
             ,
             but
             forgot
             to
             bring
             it
             with
             him
             this
             Morning
             .
             But
             to
             the
             best
             of
             his
             remembrance
             the
             value
             of
             the
             Customs
             for
             these
             years
             is
             thus
             ,
             1636.
             either
             38.
             or
             39000
             l.
             and
             some
             odd
             hundreds
             ,
             1637.
             39000
             l.
             and
             odd
             ,
             1638.
             is
             the
             greatest
             year
             ,
             and
             then
             it
             was
             57000
             l.
             and
             1639.
             55000
             l.
             
          
           
             
               Patrick
               Allen
            
             sworn
             ,
             and
             examined
             to
             the
             value
             of
             Hydes
             and
             Wooll
             in
             
             Ireland
             .
          
           
             Answered
             ,
             That
             he
             hath
             bought
             Hydes
             at
             4
             s.
             4
             s.
             6
             d.
             5
             s.
             and
             6
             s.
             the
             most
             that
             ever
             he
             knew
             any
             pay
             for
             Hydes
             ;
             for
             Wooll
             there
             is
             a
             course
             Irish
             Wooll
             not
             worth
             4
             s.
             some
             is
             worth
             6
             s.
             some
             7.
             s.
             8
             s.
             but
             11
             s.
             is
             the
             most
             that
             ever
             he
             knew
             paid
             for
             Wooll
             .
          
           
           
             And
             so
             Mr.
             Maynard
             closed
             the
             Article
             ,
             and
             left
             it
             to
             their
             Lordships
             Consideration
             ,
             what
             the
             King
             hath
             left
             ,
             what
             profit
             my
             Lord
             of
             Strafford
             hath
             received
             .
          
           
             To
             which
             my
             Lord
             of
             Strafford
             made
             Defence
             ,
             in
             substance
             as
             followeth
             :
          
           
             I
             shall
             ,
             under
             favour
             ,
             proceed
             to
             make
             a
             just
             Defence
             of
             my self
             ,
             as
             to
             this
             Impeachment
             of
             Treason
             brought
             against
             me
             by
             the
             Honourable
             House
             
             of
             Commons
             ,
             for
             that
             is
             the
             thing
             in
             question
             ,
             and
             which
             I
             shall
             only
             Answer
             unto
             ,
             as
             being
             Charged
             with
             nothing
             else
             .
          
           
             I
             desire
             I
             may
             read
             the
             Charge
             ,
             and
             then
             your
             Lordships
             will
             see
             how
             pertinently
             the
             time
             hath
             been
             spent
             in
             the
             proving
             of
             it
             .
          
           
             He
             reads
             his
             Charge
             as
             to
             the
             Tenth
             Article
             .
          
           
             With
             humble
             submission
             to
             your
             Lordships
             great
             Judgments
             ,
             I
             conceive
             there
             is
             nothing
             in
             this
             Charge
             ,
             that
             can
             by
             any
             Law
             that
             ever
             I
             heard
             of
             ,
             be
             brought
             to
             be
             Treason
             .
          
           
             These
             Gentlemen
             have
             told
             your
             Lordships
             what
             His
             Majesty
             lost
             by
             a
             Contract
             with
             the
             Dutchess
             of
             Buckingham
             ,
             which
             I
             conceive
             concerns
             not
             in
             me
             at
             all
             ,
             being
             no
             Party
             to
             it
             .
          
           
             If
             the
             Dutchess
             ,
             by
             her
             Grant
             of
             24.
             
             March
             ,
             7
             Car.
             had
             more
             Priviledge
             than
             the
             Duke
             of
             Buckingham
             had
             for
             the
             10
             years
             preceding
             ;
             yet
             by
             their
             own
             shewing
             here
             is
             20000
             l.
             Fine
             ,
             and
             an
             increase
             of
             1350
             l.
             a
             year
             Rent
             ,
             so
             that
             there
             was
             a
             Consideration
             for
             it
             .
          
           
             That
             these
             Twelve
             Commodities
             were
             raised
             ,
             and
             the
             values
             inhanced
             on
             that
             Consideration
             24.
             
             March
             ,
             7
             Car.
             but
             the
             Lease
             wherein
             himself
             was
             Partner
             bears
             Date
             21.
             
             April
             after
             ;
             So
             that
             the
             Book
             of
             Rates
             was
             not
             raised
             by
             me
             ,
             but
             by
             them
             that
             had
             care
             of
             the
             business
             between
             the
             King
             and
             the
             Dutchess
             of
             Buckingham
             :
             And
             this
             being
             set
             by
             the
             King's
             Officers
             ,
             to
             whom
             it
             was
             proper
             ,
             in
             the
             7th
             Year
             of
             the
             King
             ,
             it
             falls
             very
             short
             of
             what
             is
             Charged
             in
             the
             Article
             ,
             that
             I
             should
             do
             it
             in
             the
             9th
             Year
             of
             His
             Majesties
             Reign
             .
             If
             they
             can
             shew
             a
             Book
             of
             Rates
             raised
             the
             9th
             ,
             it
             may
             be
             said
             he
             hath
             raised
             the
             Book
             for
             his
             advantage
             ,
             for
             then
             he
             had
             a
             quarter
             part
             of
             the
             Farm
             ,
             and
             the
             King
             hath
             ⅝
             parts
             to
             himself
             ;
             and
             these
             things
             have
             been
             tumbled
             and
             tossed
             over
             and
             over
             again
             ,
             and
             fully
             answered
             in
             another
             place
             ,
             and
             I
             shall
             be
             well
             able
             to
             answer
             it
             still
             ,
             that
             the
             King
             hath
             had
             as
             great
             a
             Service
             done
             in
             this
             particular
             ,
             as
             may
             be
             in
             this
             matter
             .
             But
             that
             is
             not
             the
             question
             of
             the
             day
             .
             I
             am
             Charged
             with
             raising
             a
             Book
             of
             Rates
             in
             the
             9th
             Year
             of
             the
             King
             ,
             and
             if
             there
             be
             any
             such
             Book
             ,
             it
             is
             more
             than
             I
             ever
             saw
             ,
             I
             know
             of
             none
             but
             that
             which
             was
             setled
             in
             my
             Lord
             of
             
             Portland's
             time
             ,
             before
             I
             had
             any
             Interest
             in
             the
             Farm
             ,
             which
             I
             think
             will
             go
             far
             to
             my
             clearing
             in
             this
             Point
             .
          
           
             Whether
             these
             Rates
             be
             indifferently
             set
             or
             no
             ,
             is
             a
             business
             for
             Merchants
             ,
             and
             matter
             of
             Proof
             ,
             and
             if
             it
             should
             be
             Charged
             on
             me
             as
             a
             Crime
             ,
             I
             hope
             your
             Lordships
             will
             allow
             me
             time
             to
             examine
             Witnesses
             ,
             and
             likewise
             Council
             .
             But
             I
             conceive
             it
             can
             be
             no
             way
             conducing
             to
             me
             as
             a
             Crime
             ,
             and
             as
             a
             Treason
             I
             think
             your
             Lordships
             Judgments
             will
             clear
             me
             ,
             and
             that
             's
             my
             Answer
             as
             to
             the
             Book
             of
             Rates
             ,
             and
             I
             think
             a
             clear
             one
             .
          
           
           
             For
             the
             values
             ,
             your
             Lordships
             may
             be
             pleased
             to
             consider
             ,
             that
             it
             may
             be
             a
             loss
             to
             the
             Farmer
             ,
             and
             consequently
             to
             the
             King
             ,
             who
             hath
             five
             parts
             of
             eight
             .
             But
             it
             can
             be
             a
             Crime
             to
             no
             body
             ,
             and
             I
             hope
             your
             Lordships
             will
             give
             time
             to
             prove
             the
             point
             of
             value
             .
          
           
             Your
             Lordships
             may
             suppose
             I
             know
             not
             the
             price
             of
             Hides
             ,
             and
             Wooll
             and
             Tallow
             ,
             being
             out
             of
             my
             Calling
             ;
             but
             their
             worth
             will
             appear
             to
             be
             such
             ,
             that
             the
             Duty
             is
             but
             taken
             according
             to
             the
             Articles
             of
             Tunnage
             and
             Poundage
             ,
             that
             give
             this
             Duty
             to
             the
             Crown
             .
             For
             Tunnage
             and
             Poundage
             in
             Ireland
             is
             of
             another
             kind
             than
             in
             England
             ,
             for
             here
             it
             is
             given
             Temporally
             ,
             but
             it
             is
             an
             Inheritance
             to
             the
             Crown
             in
             Ireland
             ,
             being
             15
             H.
             4.
             given
             to
             the
             King
             and
             his
             Heirs
             ;
             and
             producing
             the
             Book
             of
             Rates
             ,
             his
             Lordship
             said
             ,
             That
             nothing
             is
             taken
             but
             what
             is
             justly
             due
             by
             that
             Book
             .
             And
             if
             Merchants
             (
             who
             speak
             for
             their
             own
             advantage
             )
             be
             rested
             on
             for
             the
             price
             of
             things
             ,
             the
             Customs
             will
             be
             little
             .
             But
             this
             Book
             of
             Rates
             was
             set
             by
             the
             Lord
             Treasurer
             that
             then
             was
             ,
             and
             justly
             and
             fairly
             I
             think
             ,
             and
             accordingly
             Customs
             have
             been
             taken
             ;
             and
             when
             it
             shall
             be
             laid
             to
             my
             Charge
             in
             a
             proper
             way
             ,
             I
             shall
             give
             such
             satisfaction
             ,
             as
             to
             clear
             my self
             of
             the
             least
             Fraud
             or
             Deceipt
             to
             my
             Master
             ,
             and
             in
             the
             mean
             time
             I
             know
             your
             Lordships
             are
             so
             just
             ,
             as
             not
             to
             prejudice
             me
             in
             this
             matter
             .
          
           
             I
             will
             now
             shew
             how
             I
             came
             into
             the
             business
             of
             Farming
             the
             Customs
             ,
             not
             voluntarily
             ,
             or
             upon
             my
             Suit
             ,
             nor
             did
             I
             ever
             intend
             it
             ,
             but
             was
             commanded
             and
             enforced
             to
             it
             ,
             and
             came
             in
             meerly
             for
             the
             doing
             of
             the
             King
             a
             Service
             ;
             and
             if
             it
             prove
             a
             Bargain
             of
             advantage
             ,
             I
             never
             knew
             the
             making
             of
             a
             good
             Bargain
             turned
             on
             a
             man
             as
             Treason
             .
             It
             was
             justly
             ,
             fairly
             ,
             and
             honestly
             procured
             ,
             and
             prove
             it
             never
             so
             beneficial
             ,
             that
             can
             never
             make
             it
             a
             Crime
             .
          
           
             His
             Majesty
             hath
             been
             from
             time
             to
             time
             acquainted
             with
             the
             increase
             of
             this
             business
             most
             exactly
             and
             truly
             ,
             it
             rising
             indeed
             beyond
             all
             imagination
             ;
             the
             Customs
             ,
             when
             we
             entred
             on
             them
             ,
             being
             but
             12000
             
               l.
               per
               annum
            
             ,
             and
             now
             your
             Lordships
             see
             what
             is
             proved
             ,
             and
             may
             judge
             with
             what
             truth
             they
             inform
             ,
             in
             the
             Remonstrance
             ,
             out
             of
             Ireland
             ,
             that
             Trade
             is
             decayed
             .
          
           
             On
             their
             own
             shewing
             ,
             by
             the
             Testimony
             of
             my
             Lord
             Renula
             ,
             and
             others
             ,
             it
             appears
             ,
             that
             when
             they
             were
             Farmers
             ,
             there
             was
             6000
             l.
             paid
             to
             the
             King
             ,
             and
             a
             Devident
             of
             the
             other
             moity
             ,
             which
             came
             to
             3700
             l.
             So
             the
             whole
             value
             of
             the
             Customs
             was
             then
             13400
             l.
             
          
           
             His
             Lordship
             desired
             that
             my
             Lord
             Cottington
             might
             be
             asked
             a
             few
             Questions
             .
          
           
             Lord
             Cottington
             being
             asked
             ,
             Whether
             in
             the
             Seventh
             year
             of
             the
             King
             
             there
             was
             not
             a
             Bargain
             concluded
             by
             the
             late
             Lord
             Treasurer
             ,
             the
             Earl
             of
             Portland
             ,
             with
             Captain
             Williams
             ,
             Captain
             Henshawe
             ,
             and
             others
             ,
             for
             the
             Customs
             of
             Ireland
             ,
             paying
             15500
             l.
             Rent
             ,
             and
             8000
             l.
             Fine
             .
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             conceives
             my
             Lord
             of
             Portland
             rested
             satisfied
             ,
             that
             he
             had
             made
             that
             Bargain
             for
             the
             Rent
             and
             Fine
             ,
             and
             that
             he
             so
             understood
             it
             ,
             as
             to
             acquaint
             His
             Majesty
             with
             it
             ,
             and
             understood
             it
             to
             be
             a
             very
             good
             Bargain
             .
          
           
             Being
             asked
             ,
             Whether
             did
             not
             Williams
             afterwards
             relinquish
             the
             Bargain
             .
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             well
             remembers
             he
             did
             refuse
             it
             ,
             and
             he
             thinks
             he
             refused
             it
             ,
             because
             Henshawe
             was
             the
             chief
             man
             in
             it
             ,
             and
             he
             died
             ,
             and
             thereupon
             Williams
             flew
             off
             .
             And
             that
             my
             Lord
             of
             Portland
             
             was
             very
             much
             troubled
             ,
             because
             Williams
             ,
             and
             the
             rest
             fell
             off
             ,
             as
             he
             remembers
             .
          
           
             Being
             asked
             ,
             Whether
             after
             they
             had
             given
             it
             over
             ,
             any
             body
             would
             give
             so
             much
             as
             they
             offered
             .
          
           
             He
             Answered
             ,
             He
             thinks
             there
             was
             no
             body
             that
             came
             near
             it
             ,
             at
             least
             he
             never
             heard
             so
             .
          
           
             Being
             asked
             ,
             Whether
             after
             it
             was
             so
             left
             ,
             it
             was
             not
             undertaken
             by
             Sir
             
               Arthur
               Ingram
            
             ,
             and
             his
             Partners
             ,
             on
             the
             very
             tearms
             that
             Williams
             refused
             it
             ,
             paying
             only
             100
             l.
             a
             year
             more
             Rent
             .
          
           
             He
             Answerd
             ,
             It
             is
             very
             true
             ,
             Sir
             
               Arthur
               Ingram
            
             ,
             and
             divers
             Partners
             ,
             by
             his
             procurement
             ,
             paid
             100
             l.
             more
             Rent
             ,
             and
             ,
             as
             he
             takes
             it
             ,
             the
             same
             Fine
             ,
             but
             for
             a
             quicker
             time
             ;
             for
             the
             first
             men
             were
             to
             have
             time
             ,
             and
             Sir
             
               Arthur
               Ingram
            
             was
             to
             pay
             it
             all
             in
             ready
             money
             .
          
           
             My
             Lord
             of
             Strafford
             here
             added
             ,
             That
             Henshawe
             ,
             and
             the
             rest
             ,
             having
             given
             over
             the
             Bargain
             ,
             himself
             went
             to
             my
             Lord
             at
             Rohampton
             ,
             and
             
             found
             that
             these
             other
             Partners
             that
             had
             it
             afterwards
             ,
             would
             undertake
             the
             Farm
             ,
             if
             he
             the
             Earl
             of
             Strafford
             would
             be
             a
             Partner
             with
             them
             ,
             which
             was
             a
             thing
             he
             never
             intended
             ,
             but
             refused
             .
          
           
             Therefore
             on
             his
             Lordships
             Motion
          
           
             Lord
             Cottington
             was
             further
             asked
             ,
             Whether
             being
             moved
             by
             my
             Lord
             of
             Portland
             to
             come
             into
             the
             Farm
             ,
             he
             the
             Earl
             of
             Strafford
             did
             absolutely
             
             tell
             my
             Lord
             of
             Portland
             ,
             that
             he
             would
             not
             meddle
             therewith
             ,
             not
             knowing
             how
             it
             would
             be
             interpreted
             ;
             that
             he
             being
             the
             King's
             Deputy
             should
             be
             a
             Farmer
             .
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             well
             remembers
             my
             Lord
             of
             Portland
             did
             conceive
             that
             to
             draw
             in
             these
             later
             Farmers
             ;
             it
             was
             very
             necessary
             ,
             and
             all
             the
             Succor
             they
             had
             to
             have
             my
             Lord
             of
             Strafford
             a
             Partner
             in
             it
             ;
             because
             they
             conceived
             they
             should
             thrive
             in
             the
             Bargain
             ,
             if
             he
             ,
             having
             so
             great
             a
             Power
             ,
             were
             a
             Partner
             ;
             so
             it
             lay
             on
             my
             Lord
             of
             Portland
             to
             perswade
             him
             to
             yield
             to
             it
             ;
             and
             my
             Lord
             of
             Portland
             told
             him
             ,
             That
             if
             my
             Lord
             of
             Strafford
             would
             do
             the
             King
             that
             Service
             ,
             he
             should
             not
             lose
             by
             it
             .
             And
             though
             my
             Lord
             of
             Strafford
             was
             unwilling
             to
             come
             in
             for
             a
             part
             ,
             yet
             at
             last
             he
             did
             ,
             and
             his
             coming
             in
             ,
             drew
             in
             the
             rest
             ,
             as
             he
             the
             Lord
             Cottington
             thinks
             .
             And
             further
             ,
             that
             my
             Lord
             Portland
             told
             the
             King
             of
             it
             ,
             and
             prepared
             the
             King
             to
             command
             him
             for
             the
             making
             of
             the
             Bargain
             ,
             depending
             on
             his
             taking
             of
             a
             part
             .
          
           
             My
             Lord
             of
             Strafford
             here
             observed
             ,
             That
             he
             humbly
             conceived
             the
             Goodness
             and
             Grace
             of
             the
             King
             ,
             and
             the
             love
             of
             my
             Lord
             of
             Portland
             ,
             
             was
             such
             at
             that
             time
             ,
             that
             they
             would
             not
             have
             brought
             him
             into
             a
             business
             that
             should
             be
             laid
             to
             his
             Charge
             as
             Treason
             .
          
           
             Lord
             Cottington
             being
             ,
             on
             Mr.
             
             Maynard's
             motion
             ,
             asked
             about
             the
             time
             ,
             whether
             it
             was
             7
             Car.
             
             
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             must
             refer
             himself
             to
             the
             Grant
             ,
             for
             the
             Lease
             my
             Lord
             of
             Strafford
             shewed
             did
             follow
             immediately
             after
             .
          
           
             Sir
             
               Arthur
               Ingram
            
             being
             ,
             on
             my
             Lord
             of
             
             Strafford's
             Motion
             ,
             Examined
             to
             divers
             of
             the
             Points
             before
             proposed
             to
             the
             Lord
             Cottington
             .
             
          
           
           
             He
             Answered
             ,
             He
             conceives
             there
             was
             a
             Bargain
             made
             by
             my
             Lord
             Treasurer
             and
             my
             Lord
             Cottington
             ,
             with
             Williams
             and
             Henshawe
             for
             15500
             l.
             a
             year
             ,
             and
             ,
             as
             he
             conceives
             ,
             8000
             l.
             Fine
             ,
             and
             this
             was
             under
             their
             hands
             in
             Writing
             ,
             as
             he
             heard
             .
          
           
             That
             he
             knew
             nothing
             that
             my
             Lord
             of
             Strafford
             was
             to
             be
             a
             Partner
             ,
             or
             to
             have
             any
             Interest
             in
             it
             .
          
           
             That
             he
             conceives
             Williams
             did
             clearly
             refuse
             it
             after
             Henshawes
             death
             ,
             what
             other
             Reasons
             he
             had
             he
             knows
             not
             ;
             That
             he
             cannot
             tell
             ,
             nor
             doth
             remember
             ,
             that
             my
             Lord
             of
             Strafford
             used
             means
             to
             perswade
             Williams
             to
             stand
             to
             that
             Bargain
             ;
             but
             certainly
             Williams
             was
             perswaded
             much
             by
             my
             Lord
             of
             Portland
             .
          
           
             Being
             asked
             ,
             Whether
             it
             was
             so
             left
             by
             Williams
             ,
             did
             not
             he
             and
             his
             Partners
             undertake
             the
             Farm
             ?
          
           
             He
             Answered
             ,
             That
             he
             was
             several
             times
             offered
             to
             come
             into
             that
             Farm
             ,
             and
             from
             time
             to
             time
             refused
             it
             :
             That
             Williams
             pressed
             him
             exceeding
             much
             ,
             and
             others
             before
             him
             ;
             and
             he
             was
             moved
             to
             it
             by
             one
             Cogan
             ,
             but
             refused
             it
             .
          
           
             That
             the
             truth
             is
             ,
             his
             Son
             
               Arthur
               Ingram
            
             was
             Partner
             in
             it
             ,
             and
             there
             came
             in
             my
             Lord
             Mountnorris
             ,
             Sir
             
               George
               Ratcliffe
            
             ,
             and
             one
             Cogan
             ,
             that
             they
             laboured
             much
             he
             should
             take
             the
             Farm
             ,
             and
             he
             had
             much
             ado
             to
             be
             brought
             in
             .
          
           
             Being
             asked
             ,
             Whether
             these
             came
             in
             upon
             the
             same
             Tearms
             offered
             to
             Williams
             .
          
           
             He
             Answered
             ,
             It
             will
             appear
             on
             the
             Warrant
             to
             the
             then
             Attorney
             ,
             Sir
             
               Robert
               Heath
            
             ,
             that
             they
             paid
             15500
             l.
             Rent
             ,
             and
             8000
             l.
             Fine
             ;
             and
             whereas
             the
             Officer
             should
             have
             paid
             it
             at
             six
             and
             six
             months
             ,
             these
             were
             to
             pay
             ready
             money
             .
          
           
             Being
             asked
             ,
             Whether
             he
             had
             moved
             my
             Lord
             of
             Strafford
             to
             be
             a
             Partner
             in
             it
             .
          
           
             He
             Answered
             ,
             That
             he
             doth
             not
             remember
             he
             ever
             said
             so
             ,
             but
             it
             might
             much
             encourage
             him
             to
             come
             in
             ,
             if
             my
             Lord
             of
             Strafford
             were
             a
             Partner
             .
             But
             he
             the
             Examinant
             had
             no
             such
             great
             cause
             to
             desire
             it
             ,
             for
             he
             was
             not
             in
             three
             years
             ,
             but
             his
             Son
             was
             put
             out
             again
             ;
             when
             it
             came
             to
             matter
             of
             profit
             they
             were
             gone
             .
          
           
             To
             this
             my
             Lord
             of
             Strafford
             ,
             did
             by
             the
             way
             ,
             Answer
             in
             substance
             ,
             That
             His
             Majesty
             gave
             Consideration
             for
             it
             ,
             and
             had
             the
             benefit
             
             himself
             .
          
           
             And
             so
             ,
             I
             hope
             ,
             I
             have
             cleared
             how
             I
             came
             into
             the
             Bargain
             ,
             and
             that
             I
             cannot
             be
             Charged
             with
             procuring
             the
             Book
             of
             Rates
             ,
             it
             being
             Printed
             10.
             
             March
             ,
             and
             my
             Lease
             began
             21
             April
             after
             ,
             and
             that
             the
             Right
             being
             in
             the
             Crown
             ,
             your
             Lordships
             will
             not
             conclude
             it
             ,
             till
             you
             have
             heard
             it
             for
             the
             King
             ,
             it
             being
             his
             loss
             in
             ⅝
             parts
             ,
             which
             was
             intirely
             His.
             
          
           
             And
             whereas
             I
             am
             Charged
             with
             raising
             the
             Book
             of
             Rates
             (
             though
             done
             before
             my
             time
             )
             yet
             I
             was
             taught
             here
             in
             England
             that
             they
             might
             have
             been
             raised
             to
             a
             much
             higher
             Rate
             than
             they
             were
             ,
             and
             to
             that
             purpose
             there
             came
             a
             Letter
             from
             His
             Majesty
             ,
             whereby
             in
             1637.
             a
             Proposition
             was
             made
             of
             raising
             the
             Rates
             ,
             the
             Book
             being
             conceived
             not
             to
             be
             so
             high
             as
             it
             ought
             to
             be
             .
          
           
             His
             Majesties
             Letter
             was
             read
             ,
             Mr.
             Slingsby
             affirming
             it
             to
             be
             a
             true
             Copy
             ,
             and
             that
             he
             saw
             it
             compared
             with
             the
             Original
             .
             Imparting
             ,
             That
             His
             Majesty
             finding
             the
             Impositions
             set
             ,
             on
             Merchandize
             of
             all
             Ports
             ,
             to
             be
             well
             accepted
             ,
             and
             to
             have
             ready
             and
             free
             passage
             ,
             had
             Resolved
             ,
             That
             such
             
             Impositions
             be
             laid
             in
             Ireland
             as
             be
             fit
             for
             that
             Kingdom
             ,
             and
             to
             that
             end
             had
             caused
             a
             Book
             to
             be
             drawn
             ,
             with
             fit
             Considerations
             of
             the
             difference
             of
             Trade
             in
             both
             Kingdoms
             ,
             which
             was
             sent
             to
             my
             Lord
             of
             Strafford
             ,
             to
             advise
             of
             the
             Particulars
             ,
             who
             ,
             if
             he
             found
             that
             any
             may
             bear
             a
             greater
             proportion
             ,
             he
             may
             add
             what
             he
             will
             ;
             if
             he
             find
             any
             over-rated
             ,
             he
             may
             deliver
             his
             Reasons
             to
             be
             considered
             ,
             and
             Regulated
             by
             His
             Majesties
             Committee
             here
             ,
             Dated
             the
             10th
             of
             Iuly
             ,
             1633.
             
          
           
             My
             Lord
             of
             Strafford
             observed
             ,
             That
             at
             the
             date
             of
             this
             Letter
             ,
             he
             
             had
             an
             Interest
             in
             ¼
             part
             of
             the
             Farm
             ,
             and
             desired
             that
             my
             Lord
             Dillon
             might
             be
             asked
             ,
             how
             my
             Lord
             of
             Strafford
             carried
             himself
             in
             it
             .
          
           
             Lord
             
               Robert
               Dillon
            
             being
             asked
             ,
             Whether
             my
             Lord
             of
             Strafford
             did
             not
             join
             with
             the
             Council
             to
             disswade
             it
             .
             
          
           
             He
             Answered
             ,
             That
             he
             was
             at
             the
             Board
             when
             the
             Original
             of
             this
             Letter
             was
             read
             ,
             as
             he
             takes
             it
             ,
             for
             there
             was
             brought
             with
             it
             a
             Book
             of
             Rates
             ,
             that
             he
             remembers
             not
             the
             particular
             words
             of
             my
             Lord
             of
             Strafford
             ;
             but
             he
             is
             sure
             ,
             by
             the
             whole
             Board
             ,
             the
             entertainment
             of
             those
             Rates
             was
             dis-advised
             .
             And
             it
             was
             Resolved
             a
             Letter
             should
             be
             written
             to
             dis-advise
             it
             ;
             but
             he
             remembers
             not
             when
             the
             Letter
             was
             written
             .
          
           
             Whence
             it
             may
             be
             observed
             ,
             That
             I
             was
             not
             very
             tender
             of
             my
             own
             
             profit
             ,
             which
             laid
             to
             the
             other
             ,
             I
             hope
             ,
             will
             clear
             me
             of
             this
             Article
             ,
             wherein
             there
             is
             nothing
             of
             Treason
             ;
             and
             nothing
             can
             be
             imputed
             to
             me
             ,
             unless
             that
             the
             Kingdom
             of
             Ireland
             is
             under
             the
             King
             's
             blessed
             Government
             ,
             an
             increased
             and
             growing
             Kingdom
             ,
             and
             the
             Trade
             enlarged
             to
             such
             a
             proportion
             as
             makes
             the
             Customs
             of
             far
             more
             value
             than
             they
             were
             heretofore
             ,
             should
             be
             turned
             on
             me
             as
             a
             Crime
             .
             And
             as
             for
             Treason
             ,
             your
             Lordships
             see
             no
             Complexion
             towards
             so
             foul
             a
             Crime
             ,
             and
             for
             all
             things
             that
             may
             reflect
             on
             me
             as
             Misdemeanors
             ,
             in
             due
             time
             and
             place
             ,
             I
             trust
             ,
             I
             shall
             clear
             my self
             from
             that
             as
             well
             as
             I
             do
             from
             this
             Charge
             of
             High-Treason
             .
          
           
             Mr.
             Maynard
             Replyed
             thereunto
             in
             substance
             as
             followeth
             :
          
           
             That
             whereas
             my
             Lord
             of
             Strafford
             says
             ,
             That
             to
             prove
             the
             matter
             of
             profit
             to
             himself
             ,
             of
             loss
             to
             His
             Majesty
             ,
             is
             impertinent
             :
             They
             Charge
             ,
             
             that
             what
             he
             did
             was
             for
             his
             own
             Lucre.
             He
             Answers
             ,
             That
             what
             he
             did
             was
             for
             His
             Majesties
             Profit
             .
             Therefore
             whether
             it
             be
             for
             his
             Lucre
             or
             not
             ,
             is
             in
             issue
             ,
             and
             that
             they
             have
             proved
             ;
             and
             that
             which
             he
             puts
             in
             issue
             is
             not
             to
             the
             purpose
             ,
             nor
             proved
             .
          
           
             Whereas
             ,
             he
             says
             ,
             This
             Article
             is
             not
             Treason
             ,
             yet
             look
             to
             the
             whole
             body
             of
             the
             Charge
             ,
             his
             taking
             away
             the
             Property
             of
             the
             Subjects
             ,
             his
             inducing
             this
             by
             subtilty
             ,
             by
             force
             or
             advice
             ,
             to
             bring
             it
             to
             pass
             ,
             if
             these
             be
             proved
             ,
             their
             Lordships
             will
             be
             of
             Opinion
             with
             the
             House
             of
             Commons
             ,
             That
             it
             is
             a
             high
             and
             a
             great
             Treason
             .
             Therefore
             let
             him
             not
             say
             this
             or
             that
             piece
             is
             not
             Treason
             ,
             let
             him
             Answer
             it
             if
             he
             can
             ,
             That
             the
             subverting
             of
             the
             Fundamental
             Laws
             be
             not
             great
             a
             Treason
             .
          
           
             My
             Lord
             takes
             advantage
             ,
             that
             the
             Patent
             to
             the
             Dutchess
             concerns
             not
             him
             ,
             for
             it
             is
             granted
             in
             March
             ,
             and
             his
             21.
             
             April
             following
             ;
             but
             if
             the
             Times
             be
             observed
             ,
             it
             will
             answer
             it self
             ,
             for
             the
             10th
             of
             March
             ,
             7
             Car.
             the
             Rates
             are
             raised
             ,
             21.
             
             March
             my
             Lord
             of
             Carlisles
             Patent
             is
             surrendred
             ,
             24.
             
             March
             ,
             the
             Dutchess
             Patent
             dated
             ,
             and
             21.
             
             April
             8
             Car.
             some
             30
             days
             
             after
             my
             Lord
             of
             
             Strafford's
             Lease
             is
             passed
             .
             If
             this
             had
             been
             intended
             for
             the
             Dutchess
             ,
             she
             would
             have
             kept
             it
             ,
             but
             she
             keeps
             it
             not
             to
             pay
             a
             days
             Rent
             ,
             or
             receive
             any
             profit
             .
          
           
             But
             this
             will
             intrench
             on
             my
             Lord
             of
             
             Strafford's
             Answer
             ,
             on
             the
             ingenuity
             of
             which
             he
             stands
             so
             much
             ,
             for
             he
             says
             ,
             There
             were
             Propositions
             to
             raise
             these
             Rates
             ,
             and
             he
             was
             acquainted
             and
             intreated
             to
             go
             on
             ,
             and
             thereupon
             he
             enters
             into
             the
             Bargain
             :
             We
             desire
             your
             Lordships
             to
             mark
             the
             time
             ,
             that
             if
             there
             were
             these
             Propositions
             to
             raise
             the
             Rates
             ,
             and
             this
             Lease
             must
             be
             drawn
             on
             the
             raising
             of
             the
             Rates
             ;
             then
             was
             he
             interressed
             in
             the
             raising
             of
             the
             Rates
             ,
             before
             he
             was
             interressed
             in
             the
             Lease
             .
             And
             then
             there
             is
             the
             Execution
             of
             a
             Design
             carried
             in
             several
             hands
             ,
             which
             tend
             to
             one
             purpose
             ,
             for
             he
             enters
             into
             it
             the
             seventh
             year
             ,
             and
             his
             own
             Lease
             is
             the
             eighth
             ;
             and
             therefore
             it
             was
             on
             his
             own
             Design
             and
             Counsel
             ,
             and
             for
             his
             own
             Profit
             .
          
           
             My
             Lord
             instanceth
             ,
             That
             the
             Article
             lays
             the
             Book
             of
             Rates
             to
             be
             raised
             9.
             whereas
             this
             was
             done
             7.
             
             Mr.
             Maynard
             observed
             ,
             Time
             is
             not
             material
             ;
             had
             they
             charged
             him
             to
             have
             made
             a
             Book
             of
             Rates
             such
             a
             Date
             ,
             it
             had
             been
             something
             .
             But
             if
             an
             Offence
             be
             laid
             in
             one
             year
             ,
             and
             it
             appears
             to
             be
             done
             in
             another
             year
             ,
             he
             must
             be
             punished
             for
             that
             now
             which
             he
             did
             at
             any
             time
             .
          
           
             To
             the
             Tunnage
             and
             Poundage
             ,
             being
             the
             Inheritance
             of
             the
             King
             ,
             it
             is
             so
             in
             Ireland
             ;
             but
             the
             Point
             is
             the
             Oppression
             of
             the
             Subject
             ,
             when
             he
             makes
             that
             three
             which
             is
             but
             one
             ;
             and
             so
             instead
             of
             giving
             the
             King
             his
             due
             ,
             to
             extort
             from
             the
             Subject
             what
             he
             ought
             not
             to
             pay
             .
          
           
             If
             he
             says
             ,
             Proofs
             could
             not
             be
             had
             to
             prove
             a
             greater
             value
             of
             the
             Commodities
             ,
             he
             had
             time
             to
             produce
             a
             Witness
             out
             of
             all
             Ireland
             .
             The
             Commons
             have
             produced
             them
             that
             speak
             of
             the
             highest
             value
             ,
             and
             there
             is
             great
             difference
             between
             three
             ,
             four
             ,
             five
             ,
             the
             highest
             is
             six
             ,
             and
             twenty
             .
          
           
             What
             occasioned
             Williams
             to
             Relinquish
             the
             Bargain
             is
             not
             material
             :
             But
             in
             what
             Case
             is
             the
             Subject
             of
             Ireland
             ,
             that
             when
             a
             Bargain
             is
             to
             be
             set
             at
             the
             highest
             ,
             he
             that
             is
             to
             be
             their
             Governor
             and
             Judge
             ,
             to
             whom
             all
             Appeals
             must
             be
             made
             ,
             shall
             enter
             and
             put
             in
             his
             Authority
             to
             make
             a
             Bargain
             that
             none
             else
             would
             take
             .
             The
             Subject
             is
             like
             to
             have
             good
             Justice
             ,
             when
             the
             Judge
             must
             lose
             by
             the
             Judgment
             he
             gives
             in
             the
             Cause
             ;
             when
             the
             Deputy
             of
             Ireland
             must
             be
             both
             Judge
             and
             Party
             .
          
           
             It
             is
             said
             Williams
             first
             entertained
             it
             ,
             and
             left
             it
             ;
             but
             though
             my
             Lord
             be
             not
             the
             first
             that
             Projected
             it
             ,
             he
             is
             the
             man
             that
             first
             put
             it
             in
             Execution
             ,
             the
             first
             that
             took
             it
             under
             the
             Great
             Seal
             ,
             and
             first
             brought
             it
             to
             be
             a
             Grievance
             to
             the
             Subject
             ,
             and
             that
             he
             is
             Charged
             withall
             .
             It
             might
             be
             fit
             for
             Goldsmiths
             ,
             and
             such
             to
             prosecute
             it
             ,
             but
             not
             for
             them
             that
             are
             imployed
             in
             Administration
             of
             Justice
             ,
             and
             in
             great
             designs
             to
             follow
             such
             a
             Design
             .
          
           
             But
             when
             Profit
             comes
             roundly
             in
             ,
             Sir
             
               Arthur
               Ingram
            
             must
             be
             put
             out
             ,
             and
             for
             11
             years
             have
             half
             a
             years
             value
             .
          
           
             Mr.
             Maynard
             added
             ,
             That
             my
             Lord
             of
             Strafford
             ,
             in
             his
             Answer
             ,
             gives
             it
             as
             a
             Justification
             of
             himself
             ,
             that
             he
             did
             not
             hold
             it
             fit
             to
             take
             such
             a
             Bargain
             from
             the
             King
             ,
             wherein
             there
             was
             not
             1000
             l.
             to
             be
             got
             .
          
           
             But
             though
             he
             thought
             it
             not
             fit
             to
             take
             when
             he
             could
             get
             but
             1000
             l.
             yet
             he
             held
             it
             fit
             to
             take
             such
             a
             Bargain
             from
             the
             King
             ,
             where
             ,
             in
             holding
             it
             eight
             years
             ,
             he
             gets
             30000
             l.
             He
             thrusts
             out
             Sir
             Arthur
             ,
             and
             why
             not
             himself
             .
             And
             there
             is
             no
             wonder
             ,
             that
             he
             that
             gained
             so
             much
             ,
             would
             seem
             to
             Interest
             His
             Majesty
             in
             part
             ,
             that
             his
             share
             might
             remain
             
             more
             intire
             ;
             surely
             it
             was
             the
             more
             injustice
             in
             him
             to
             retain
             the
             Bargain
             ,
             when
             he
             had
             stept
             into
             it
             .
          
           
             For
             the
             Letter
             of
             Iuly
             ,
             1637.
             there
             was
             a
             Proposition
             ,
             shewing
             His
             Majesties
             Care
             for
             His
             Subjects
             in
             Ireland
             what
             to
             inhance
             ,
             no
             ,
             to
             inhance
             if
             there
             were
             Cause
             .
             My
             Lord
             pretends
             he
             was
             loath
             to
             make
             an
             Inhancement
             ,
             but
             that
             was
             the
             Opinion
             of
             the
             Board
             :
             It
             is
             to
             be
             wondred
             that
             he
             took
             them
             not
             down
             rather
             .
          
           
             And
             so
             he
             concluded
             ,
             That
             they
             had
             proved
             the
             Charge
             ;
             that
             he
             hath
             procured
             the
             Customs
             to
             be
             advanced
             ,
             they
             were
             not
             advanced
             till
             he
             entred
             .
             And
             their
             Lordships
             were
             desired
             not
             to
             let
             one
             thing
             pass
             without
             Observation
             .
             That
             from
             7
             Car.
             to
             this
             time
             such
             gain
             hath
             been
             made
             ,
             that
             there
             is
             come
             to
             his
             purse
             and
             his
             Parteners
             300000
             l.
             if
             the
             Depositions
             be
             to
             be
             credited
             ,
             and
             it
             must
             be
             four
             more
             ,
             if
             the
             succeeding
             years
             hold
             proportion
             .
             That
             here
             is
             not
             only
             an
             Inhancement
             of
             Rates
             on
             the
             Subject
             ,
             by
             way
             of
             Extortion
             ,
             but
             this
             is
             soaked
             out
             of
             the
             Kings
             Purse
             .
             That
             is
             the
             1400
             l.
             a
             year
             Rent
             for
             the
             Wines
             ,
             the
             Surplusage
             of
             the
             Wines
             ,
             the
             Defaulcation
             of
             
               Colerane
               ,
               London-Derry
               ,
               Knock
               fergus
               ,
            
             and
             Strangford
             .
             And
             besides
             their
             Lordships
             may
             observe
             the
             Clause
             in
             the
             Patent
             ;
             the
             Grant
             must
             be
             good
             ,
             though
             there
             be
             an
             Act
             of
             Parliament
             against
             it
             ,
             and
             the
             King
             must
             pay
             for
             His
             own
             prize
             Goods
             ,
             which
             is
             left
             unto
             their
             Lordships
             Judgments
             .
          
           
             The
             Committe
             did
             now
             declare
             ,
             That
             for
             the
             present
             they
             would
             lay
             aside
             the
             Eleventh
             Article
             ,
             and
             proceed
             to
             the
             Twelfth
             .
          
           
           
           
             THE
             Twelfth
             Article
             .
             
               The
               Charge
            
             .
          
           
             12.
             
             THat
             the
             said
             Earl
             being
             Lord
             Deputy
             of
             Ireland
             ,
             on
             the
             
             Ninth
             day
             of
             January
             ,
             in
             the
             Thirteenth
             year
             of
             His
             now
             Majesties
             Reign
             ,
             did
             then
             ,
             under
             colour
             to
             Regulace
             the
             Importation
             of
             Tobacco
             into
             the
             said
             Realm
             of
             Ireland
             ,
             Issue
             a
             Proclamation
             in
             His
             Majesties
             Name
             ,
             Prohibiting
             the
             Importation
             of
             Tobacco
             without
             Licence
             of
             him
             and
             the
             Council
             ,
             there
             from
             and
             after
             the
             First
             day
             of
             
               May
               ,
               Anno
               Dom.
            
             1638.
             after
             which
             Restraint
             ,
             the
             said
             Earl
             ,
             notwithstanding
             the
             said
             Restraint
             ,
             caused
             divers
             great
             quantities
             of
             Tobacco
             to
             be
             Imported
             to
             his
             own
             use
             ,
             and
             fraughted
             diverse
             Ships
             with
             Tobacco
             ,
             which
             he
             Imported
             to
             his
             own
             use
             :
             and
             that
             if
             any
             Ship
             brought
             Tobacco
             into
             any
             Port
             there
             ,
             the
             said
             Earl
             and
             his
             Agents
             used
             to
             buy
             the
             same
             to
             his
             own
             use
             ,
             at
             their
             own
             Price
             ;
             and
             if
             that
             the
             owners
             refused
             to
             let
             him
             have
             the
             same
             at
             under-values
             ,
             then
             they
             were
             not
             permitted
             to
             Uent
             the
             same
             there
             :
             By
             which
             undue
             means
             the
             said
             Earl
             having
             gotten
             the
             whole
             Crade
             of
             Tobacco
             into
             his
             own
             hands
             ,
             he
             sold
             it
             at
             great
             and
             excessive
             prizes
             ,
             such
             as
             he
             list
             to
             impose
             for
             his
             own
             Profit
             .
          
           
             And
             the
             more
             to
             assure
             the
             said
             Monopoly
             of
             Tobacco
             ,
             he
             the
             said
             Earl
             ,
             on
             the
             Three
             and
             twentieth
             day
             of
             February
             ,
             in
             the
             Thirteenth
             year
             aforesaid
             ,
             did
             Issue
             another
             Proclamation
             ,
             Commanding
             ,
             That
             none
             should
             put
             to
             Sale
             any
             Tobacco
             by
             Whole-sale
             ,
             from
             and
             after
             the
             last
             day
             of
             May
             ,
             then
             next
             following
             ,
             but
             what
             should
             be
             made
             up
             into
             Rolls
             ,
             and
             the
             same
             Sealed
             with
             two
             Seales
             ,
             by
             himself
             appointed
             ,
             one
             at
             each
             end
             of
             the
             Roll.
             And
             ,
             such
             as
             was
             not
             Sealed
             ,
             to
             be
             seized
             ,
             appointing
             Sir
             pence
             the
             Pound
             for
             a
             Reward
             to
             such
             persons
             as
             should
             seize
             the
             same
             :
             and
             the
             Persons
             in
             whose
             custody
             the
             Unsealed
             Tobacco
             should
             be
             found
             ,
             to
             be
             committed
             to
             Goale
             ,
             which
             last
             Proclamation
             was
             Coloured
             by
             a
             Pretence
             ,
             for
             the
             restraining
             of
             the
             Sale
             of
             unwholsome
             Tobacco
             ,
             but
             it
             was
             truely
             to
             advance
             the
             said
             Monopoly
             .
          
           
             Which
             Proclamation
             the
             said
             Earl
             did
             rigorously
             put
             in
             Execution
             ,
             by
             Seizing
             the
             Goods
             ,
             Fining
             ,
             Imprisoning
             ,
             Whipping
             ,
             and
             putting
             the
             Offenders
             against
             the
             same
             Proclamation
             on
             the
             Pillory
             ,
             as
             Namely
             ,
             
               Barnaby
               Hubbard
               ,
               Edward
               Cavena
               ,
               John
               Tumen
               ,
            
             and
             diverse
             others
             :
             and
             made
             the
             Officers
             of
             State
             ,
             and
             Iustices
             of
             Peace
             ,
             and
             other
             Officers
             ,
             to
             serve
             him
             in
             the
             Compassing
             ,
             and
             executing
             these
             unjust
             and
             undue
             Courses
             ;
             by
             which
             Cruelties
             ,
             and
             Unjust
             Monopolies
             the
             said
             Earl
             raised
             100000
             
               l.
               per
               Annum
            
             Gain
             to
             himself
             .
             And
             yet
             the
             said
             Earl
             ,
             though
             he
             Enhaunced
             the
             Customes
             ,
             where
             it
             concerned
             the
             Merchants
             in
             general
             ,
             yet
             drew
             down
             the
             Impost
             formerly
             taken
             on
             Tobacco
             from
             Sir
             pence
             the
             Pound
             to
             Three
             pence
             the
             Pound
             ,
             it
             being
             for
             his
             own
             Profit
             so
             to
             do
             .
          
           
             And
             the
             said
             Earl
             ,
             by
             the
             same
             ,
             and
             other
             Rigorous
             and
             Undue
             Means
             ,
             raised
             several
             other
             Monopolies
             ,
             and
             Unlawful
             Exauions
             for
             his
             own
             Gain
             ,
             viz.
             on
             
               Search
               ,
               Iron-pots
               ,
               Glasses
               ,
               Tobacco-pipes
               ,
            
             and
             several
             other
             Commodities
             .
          
           
           
             Mr.
             Maynard
             did
             begin
             to
             open
             the
             12th
             Article
             ,
             which
             was
             Read.
             
          
           
             THat
             he
             did
             Impost
             Tobacco
             himself
             ,
             
             and
             restrained
             others
             :
             forced
             the
             Subjects
             to
             sell
             their
             Commodity
             at
             Low
             and
             Under-values
             ,
             because
             they
             could
             not
             Import
             it
             without
             his
             Licence
             ;
             and
             when
             himself
             had
             Bought
             it
             at
             Low
             Rates
             ,
             he
             Sould
             it
             at
             Excessive
             great
             Rates
             ;
             so
             that
             he
             hath
             made
             near
             100000
             l.
             Profit
             by
             his
             Monopoly
             .
          
           
             That
             when
             his
             Proclamation
             is
             made
             ,
             and
             Oppression
             put
             upon
             the
             People
             ,
             he
             doth
             the
             23
             d
             of
             Feb.
             13
             Car.
             Ordain
             ,
             That
             none
             should
             Sell
             Tobacco
             within
             the
             Kingdom
             ,
             but
             such
             as
             was
             Sealed
             by
             his
             Appointment
             ;
             and
             ,
             they
             that
             Sold
             otherwise
             ,
             their
             Goods
             should
             be
             Sold.
             
          
           
             That
             ,
             by
             occasion
             hereof
             ,
             the
             Kings
             Subjects
             have
             been
             grievously
             punish'd
             by
             
               Fining
               ,
               Imprisoning
               ,
               Pilloring
               ,
               Whipping
               ,
            
             and
             the
             like
             .
          
           
             To
             prove
             the
             Restraint
             ,
             the
             Proclamation
             on
             the
             9
             th
             of
             Ianuary
             ,
             the
             13
             th
             Car.
             was
             first
             Read.
             
          
           
             
               
                 
                   
                     By
                     the
                     Lord-Deputy
                     and
                     Council
                     .
                     A
                     PROCLAMATION
                     concerning
                     the
                     Importing
                     of
                     TOBACCO
                     .
                  
                   
                     By
                     which
                     Proclamation
                     ,
                     is
                     set
                     forth
                     in
                     Substance
                     as
                     followeth
                     .
                  
                   
                     
                       THat
                       whereas
                       unsound
                    
                     Tobacco
                     
                       is
                       brought
                       in
                    
                     ,
                     &c.
                     
                       by
                       the
                       Unlimited
                       Liberty
                    
                     
                     
                       of
                       divers
                       to
                       Import
                    
                     ,
                     &c.
                     
                       and
                       being
                       no
                       Usual
                       Commodity
                    
                     ,
                     &c.
                     
                       a
                       strict
                       Charge
                       is
                       given
                       ,
                       That
                       none
                       presume
                       from
                       the
                       First
                       of
                    
                     May
                     
                       next
                       ,
                       to
                       Import
                       any
                    
                     Tobacco
                     
                       without
                       Special
                       Licence
                       from
                       Us
                       ,
                       on
                       pain
                       of
                       incurring
                       His
                       Majesties
                       high
                       displeasure
                       ,
                       and
                       the
                       Punishments
                       due
                       for
                       such
                       Contempts
                       .
                    
                  
                   
                     The
                     Proclamation
                     concerning
                     Sealing
                     of
                     Tobacco
                     was
                     next
                     Read
                     ,
                     the
                     23
                     d
                     of
                     Feb.
                     13
                     Car.
                     
                  
                
                 
                   
                     By
                     the
                     Deputy
                     and
                     Council
                     .
                  
                   
                     Wherein
                     ,
                  
                   
                     THe
                     former
                     Proclamation
                     is
                     Recited
                     :
                     
                       And
                       ,
                       to
                       prevent
                       Secret
                       Wayes
                       of
                    
                     
                     
                       Importation
                       ,
                       a
                       Charge
                       is
                       given
                       from
                       the
                       last
                       of
                    
                     May
                     
                       next
                       ,
                       no
                    
                     Tobacco
                     
                       be
                       put
                       to
                       Whole-sale
                       ,
                       unless
                       it
                       be
                       in
                       compleat
                       Rolls
                       ,
                       which
                       may
                       be
                       conveniently
                    
                     
                     
                       Seal'd
                       ,
                       and
                       to
                       be
                       Sold
                       with
                       two
                       Seales
                       ,
                       one
                       to
                       be
                       affixed
                       at
                       each
                       end
                       ,
                       which
                       Seal
                       order
                       is
                       taken
                       to
                       be
                       provided
                       for
                       that
                       purpose
                       .
                       That
                       what
                    
                     Tobacco
                     
                       shall
                       be
                       found
                       without
                       those
                       Seales
                       ,
                       the
                       Kings
                       Officers
                       may
                       search
                       for
                       ,
                       and
                       seize
                       ,
                       and
                       convey
                       to
                       the
                       next
                       Port
                       ,
                       which
                       Course
                       shall
                       be
                       taken
                       ,
                       that
                       every
                       Seizor
                       shall
                       have
                    
                     6d.
                     
                       for
                       every
                       Pound
                       ,
                       as
                       an
                       Encouragement
                       ;
                       and
                       ,
                       that
                       the
                       Officers
                       shall
                       commit
                       the
                       Persons
                       of
                       such
                       in
                       whose
                       hands
                       such
                    
                     Tobacco
                     
                       shall
                       be
                       found
                       ,
                       till
                       Security
                       shall
                       be
                       given
                       to
                       appear
                       before
                       the
                       Deputy
                       and
                       Council
                       ,
                       and
                       not
                       to
                       depart
                       without
                       Leave
                       ,
                    
                     &c.
                     
                  
                
              
            
          
           
             Mr.
             Maynard
             observed
             ,
             That
             
               Iohn
               Carpenter
               ,
               &c.
            
             
             who
             are
             imployed
             in
             this
             business
             ,
             are
             all
             Servants
             to
             my
             Lord
             of
             Strafford
             ,
             but
             Little
             ,
             who
             is
             Sir
             George
             Ratcliff's
             Servant
             ,
             who
             did
             accordingly
             make
             Seizure
             .
          
           
             And
             he
             farther
             observed
             ,
             That
             my
             Lord
             of
             Strafford
             had
             several
             Magazines
             of
             Tobacco
             ,
             and
             that
             ,
             from
             time
             to
             time
             brought
             in
             ,
             was
             bestowed
             there
             .
             And
             ,
             on
             the
             First
             Day
             of
             his
             Defence
             ,
             my
             Lord
             of
             Strafford
             said
             ,
             40000
             l.
             of
             his
             Tobacco
             was
             Seized
             .
          
           
             To
             Prove
             the
             Execution
             of
             these
             Proclamations
             .
          
           
             
               Timothy
               Crosby
            
             Sworn
             ,
             and
             Asked
             ,
             Whether
             Ships
             have
             not
             been
             
             Prohibited
             to
             Land
             their
             Tobacco
             ?
          
           
             He
             Answered
             ,
             Yes
             :
             Since
             the
             11
             th
             of
             November
             ,
             1637.
             and
             he
             Instanced
             in
             Governour
             Briskett
             of
             Montserratt
             ,
             Mr.
             Arundel
             .
          
           
             Being
             Asked
             ,
             If
             any
             Ship
             Perish'd
             upon
             the
             Restraint
             ?
          
           
             He
             Answer'd
             ,
             The
             Iohn
             of
             Kingsale
             :
             It
             came
             into
             Lymerick
             ,
             and
             being
             not
             there
             suffered
             to
             Sell
             ,
             was
             forced
             to
             Galloway
             ,
             and
             was
             cast
             away
             going
             into
             another
             Harbour
             :
             And
             this
             ,
             because
             She
             was
             not
             one
             of
             the
             Magazine
             .
          
           
             Being
             Asked
             ,
             What
             Rates
             the
             Merchants
             sold
             their
             Tobacco
             for
             before
             this
             Restraint
             ,
             and
             what
             since
             ?
          
           
             He
             Answered
             ,
             Before
             the
             Restraint
             ,
             for
             6
             d
             ,
             or
             7
             d
             the
             Pound
             :
             and
             other
             times
             for
             14
             d
             ,
             and
             16
             d
             on
             Shipboard
             ;
             and
             since
             ,
             some
             at
             9
             d
             a
             Pound
             ,
             and
             others
             at
             6
             d
             Ob.
             
          
           
             Being
             Asked
             ,
             Why
             the
             Ships
             were
             not
             permitted
             to
             Land
             ?
          
           
             He
             Answered
             ,
             Because
             they
             would
             not
             pay
             2
             Shillings
             a
             Pound
             ,
             18
             d
             Custom
             ,
             and
             6
             d
             Impost
             .
          
           
             Whence
             Mr.
             Maynard
             Observed
             ;
             That
             if
             they
             come
             for
             the
             Use
             of
             my
             
             Lord
             of
             Strafford
             ,
             and
             his
             Party
             ,
             they
             must
             pay
             3
             d
             ;
             if
             for
             others
             ,
             18
             d
             ,
             and
             Impost
             .
          
           
             
               Patrick
               Allen
            
             Sworn
             :
             Being
             Asked
             to
             the
             matter
             of
             Restraint
             .
             
          
           
             He
             Answered
             ,
             That
             a
             Ship
             of
             80
             Tun
             was
             not
             admitted
             to
             Land
             at
             
             Yoghall
             ,
             but
             forced
             to
             carry
             her
             Lading
             of
             Tobacco
             to
             St.
             Mallis
             in
             France
             ,
             where
             he
             believes
             it
             is
             .
          
           
             That
             a
             Proclamation
             was
             out
             in
             1638
             ,
             That
             no
             Merchant
             should
             Land
             any
             Tobacco
             without
             special
             Licence
             of
             the
             Patentees
             .
          
           
             That
             before
             the
             Proclamation
             he
             bought
             Tobacco
             for
             6
             d
             and
             7
             d
             ,
             a
             Pound
             ,
             a
             great
             Quantity
             ,
             of
             one
             of
             Dartmouth
             :
             and
             since
             they
             pay
             2
             Shillings
             ,
             7
             Groats
             ,
             8
             Groats
             ,
             and
             3
             Shillings
             .
             That
             the
             Patentees
             pay
             the
             Merchant
             6
             d
             or
             7
             d
             a
             Pound
             ,
             which
             is
             the
             most
             he
             hath
             heard
             of
             .
          
           
             
               Iohn
               Welsh
            
             Sworn
             ,
             and
             Interrogated
             to
             the
             same
             matter
             .
             
          
           
             Answered
             ;
          
           
             It
             was
             not
             granted
             ,
             they
             sold
             as
             much
             as
             would
             pay
             for
             their
             Provisions
             ,
             for
             which
             they
             had
             6
             d
             a
             Pound
             ;
             but
             would
             not
             give
             way
             to
             Land
             any
             more
             of
             it
             .
          
           
             That
             one
             Arundell
             of
             Excester
             put
             into
             Waterford
             ,
             and
             he
             the
             Deponent
             was
             in
             Company
             with
             him
             to
             Dublin
             ;
             and
             desired
             ,
             that
             if
             the
             said
             Arundell
             could
             get
             off
             his
             Tobacco
             ,
             he
             would
             sell
             it
             him
             the
             Deponent
             ,
             who
             would
             give
             him
             2
             Shillings
             a
             Pound
             for
             it
             :
             That
             he
             could
             not
             get
             it
             off
             ,
             and
             sold
             it
             to
             
               Ioseph
               Carpenter
            
             for
             6
             d
             a
             Pound
             .
             That
             he
             paid
             for
             some
             Landed
             at
             Waterford
             by
             one
             Wells
             ,
             16
             d
             a
             Pound
             ready
             Money
             .
             That
             the
             Patentees
             do
             usually
             buy
             at
             6
             d
             ,
             Only
             there
             was
             a
             Bargain
             made
             with
             one
             Arundell
             ,
             to
             take
             it
             at
             8
             d
             ,
             or
             9
             d
             ;
             but
             ,
             how
             far
             they
             went
             he
             knows
             not
             .
             That
             one
             White
             of
             Waterford
             put
             into
             Lymerick
             ,
             and
             told
             him
             the
             Deponent
             ,
             That
             he
             got
             but
             4
             d
             a
             Pound
             for
             his
             Tobacco
             .
          
           
             Being
             Asked
             ,
             What
             Quantities
             he
             conceives
             is
             brought
             in
             Annually
             ?
          
           
             He
             Answered
             ,
             That
             he
             hath
             Estimated
             it
             with
             advice
             of
             others
             ,
             that
             Ireland
             cannot
             consume
             less
             then
             500
             Tun
             a
             year
             ;
             Others
             say
             ,
             It
             doth
             far
             exceed
             :
             and
             500
             Tun
             is
             near
             140000
             l.
             at
             2
             s.
             6
             d
             a
             Pound
             .
          
           
             Being
             Asked
             ,
             Whether
             he
             knew
             any
             Sentenced
             on
             these
             Pretences
             ?
          
           
             He
             Answered
             ,
             He
             saw
             
               Patrick
               Wells
            
             ,
             Merchant
             ,
             of
             Waterford
             ,
             stand
             on
             the
             Pillory
             for
             having
             Unsealed
             Tobacco
             ,
             and
             exposing
             it
             to
             Sale.
             
               Richard
               Whitwick
            
             for
             the
             like
             offence
             Pillory'd
             at
             Waterford
             .
             That
             he
             hath
             heard
             of
             diverse
             others
             .
             And
             ,
             he
             thinks
             the
             Book
             of
             Censures
             is
             here
             under
             the
             hand
             of
             the
             Farmers
             Sollicitor
             ,
             and
             sent
             to
             the
             Committee
             out
             of
             Ireland
             by
             a
             Messenger
             Express
             .
          
           
             
               Patrick
               Gough
            
             being
             required
             to
             Answer
             truely
             ,
             Whether
             the
             Book
             
             produced
             ,
             containing
             an
             
               Abstract
               of
               the
               Sentences
               made
               in
               the
               Castle-Chamber
               ,
            
             was
             delivered
             him
             by
             the
             Committee
             in
             Ireland
             ?
          
           
             He
             Answers
             ,
             That
             he
             believes
             it
             was
             among
             other
             things
             delivered
             him
             by
             the
             
               House
               of
               Commons
            
             ,
             to
             be
             brought
             to
             the
             Committee
             ,
             Sealed
             up
             in
             a
             Box.
             
          
           
           
             But
             the
             Committee
             not
             thinking
             fit
             to
             offer
             the
             Book
             in
             Evidence
             .
          
           
             
               Patrick
               Gough
            
             was
             examined
             ,
             whether
             he
             heard
             of
             any
             Sentenced
             in
             
             the
             Proclamations
             for
             Tobacco
             ?
          
           
             He
             answered
             ,
             He
             knew
             divers
             ,
             and
             there
             were
             three
             or
             fourscore
             from
             time
             to
             time
             attending
             in
             the
             Council-Chamber
             ,
             committed
             to
             the
             Marshalsey
             ,
             and
             prosecuted
             by
             Hunt
             ;
             and
             these
             were
             ,
             (
             as
             he
             remembers
             )
             in
             Easter
             Term
             last
             .
             And
             Michaelmas
             Term
             before
             ,
             and
             every
             year
             for
             three
             years
             past
             :
             That
             he
             hath
             heard
             of
             60
             at
             a
             time
             committed
             ,
             and
             they
             were
             sentenced
             for
             having
             Tobacco
             unsealed
             .
          
           
             Being
             asked
             on
             my
             Lord
             of
             
             Strafford's
             motion
             ,
             whether
             my
             Lord
             of
             
             Strafford
             was
             a
             Partie
             to
             them
             ?
          
           
             He
             answered
             ,
             That
             as
             he
             remembers
             ,
             in
             Michaelmas
             Term
             last
             was
             12
             moneths
             ,
             there
             were
             three
             Waterford
             men
             sentenced
             ,
             whereof
             one
             was
             for
             9
             l.
             of
             Tobacco
             .
          
           
             One
             of
             them
             Fined
             100
             l.
             and
             loss
             of
             his
             Office
             ,
             being
             Waiter
             .
             The
             other
             100
             l.
             and
             the
             Merchant
             100
             l.
             and
             both
             committed
             ,
             and
             their
             Fines
             reduced
             after
             to
             20
             l.
             That
             they
             were
             fined
             before
             the
             Council
             ,
             at
             the
             Council-Table
             ;
             and
             as
             he
             remembred
             ,
             my
             Lord
             of
             Strafford
             was
             then
             there
             .
          
           
             Mr.
             Maynard
             did
             then
             produce
             a
             Sentence
             ,
             under
             my
             Lord
             of
             
             
             Strafford's
             hand
             (
             as
             he
             himself
             conceived
             it
             to
             be
             )
             wherein
             divers
             persons
             were
             sentenced
             .
          
           
             Mr.
             Glyn
             desired
             a
             proof
             concerning
             the
             value
             ,
             for
             which
             a
             witness
             
             should
             have
             attended
             ,
             but
             is
             withdrawn
             ;
             but
             the
             Remonstrance
             of
             Ireland
             speaks
             particularly
             to
             it
             .
          
           
             That
             the
             value
             of
             it
             ,
             exceeds
             all
             the
             Kings
             certain
             and
             uncertain
             Revenue
             in
             the
             Kingdom
             of
             Ireland
             .
          
           
             Mr.
             Plunkett
             being
             sworn
             ,
             being
             examined
             touching
             the
             truth
             of
             
             the
             Copy
             .
             Answered
             ,
             That
             he
             had
             the
             Copy
             from
             the
             Clerk
             himself
             being
             a
             Member
             of
             the
             House
             .
             That
             he
             hath
             looked
             on
             the
             Article
             of
             Tobacco
             ,
             and
             as
             it
             is
             in
             substance
             with
             that
             which
             was
             voted
             .
          
           
             My
             Lord
             of
             Strafford
             desired
             he
             might
             be
             asked
             what
             proofs
             were
             there
             
             offered
             .
          
           
             But
             Mr.
             Glyn
             opposed
             that
             ,
             hoping
             there
             was
             no
             question
             to
             be
             made
             of
             the
             proof
             of
             a
             thing
             that
             was
             done
             by
             all
             the
             Commons
             of
             Ireland
             ,
             to
             
             whom
             perhaps
             ,
             their
             own
             knowledge
             is
             the
             proof
             .
          
           
             The
             Remonstrance
             read
             as
             to
             the
             6
             th
             Article
             .
          
           
             That
             the
             Tobacco
             bought
             at
             low
             rate
             ,
             is
             sold
             at
             excessive
             rates
             ,
             whereby
             thousands
             of
             His
             Majesties
             Subjects
             are
             destroyed
             ,
             and
             most
             part
             of
             the
             Coine
             of
             this
             Kingdom
             ingrossed
             into
             particular
             hands
             ;
             insomuch
             ,
             that
             the
             Profits
             arising
             thereby
             ,
             surmount
             His
             
             Majesties
             Revenue
             ,
             certain
             or
             casual
             within
             this
             Kingdom
             ,
             and
             yet
             His
             Majesty
             receives
             very
             little
             profit
             by
             the
             same
             .
          
           
             
               Timothy
               Crosby
            
             being
             interrogated
             how
             much
             Tobacco
             comes
             into
             the
             Port
             of
             Kinsale
             for
             three
             years
             last
             past
             .
             
          
           
             He
             answered
             ,
             60
             Tunn
             in
             three
             years
             .
          
           
             Whence
             Mr.
             Maynard
             observed
             ,
             if
             one
             Port
             brings
             in
             200
             Tunn
             ,
             the
             rest
             will
             go
             to
             a
             great
             height
             .
             
          
           
             Being
             questioned
             what
             the
             Patentees
             give
             ,
             and
             what
             they
             require
             for
             such
             as
             is
             refuse
             Tobacco
             upon
             the
             sorting
             of
             it
             .
          
           
             He
             answered
             ,
             that
             for
             the
             refuse
             ,
             the
             Owners
             had
             not
             above
             1
             d.
             and
             the
             Patentees
             sold
             none
             of
             that
             under
             2
             s.
             
          
           
             And
             so
             Mr.
             Maynard
             closed
             this
             Article
             ,
             observing
             that
             they
             have
             proved
             the
             Restraint
             and
             the
             Execution
             of
             it
             .
             That
             it
             is
             turned
             into
             a
             Monopoly
             ;
             
             That
             none
             must
             be
             imported
             without
             their
             Licence
             ;
             That
             they
             buy
             what
             is
             brought
             in
             at
             low
             rates
             ,
             at
             6
             d.
             a
             pound
             ,
             when
             others
             will
             give
             2
             s.
             That
             4
             s.
             8
             d.
             or
             9
             d.
             is
             the
             highest
             they
             give
             ,
             so
             that
             they
             sell
             for
             three
             or
             four
             times
             the
             value
             of
             what
             they
             pay
             :
             That
             by
             an
             estimate
             ,
             500
             Tunn
             is
             imported
             :
             That
             punishments
             are
             inflicted
             ;
             The
             Kings
             free
             Subjects
             Whip'd
             ,
             Pilloryed
             ,
             Fined
             ;
             And
             so
             my
             Lord
             of
             
             Strafford's
             Answer
             was
             expected
             .
          
           
             After
             a
             little
             Respit
             his
             Lordship
             made
             his
             defence
             to
             this
             Article
             ,
             in
             Substance
             as
             followeth
             .
          
           
             That
             he
             conceives
             he
             hath
             very
             little
             crime
             to
             answer
             ,
             as
             to
             this
             Charge
             ,
             especially
             as
             unto
             Treason
             .
          
           
             That
             he
             wisheth
             with
             all
             his
             heart
             he
             had
             so
             much
             profit
             to
             answer
             for
             ,
             as
             is
             pretended
             that
             he
             gained
             by
             this
             business
             .
          
           
             His
             Lordship
             presented
             in
             the
             first
             place
             a
             Petition
             presented
             by
             the
             Commons
             House
             of
             Parliament
             in
             Ireland
             ;
             in
             the
             Parliament
             preceeding
             this
             ,
             wherein
             they
             desired
             ,
             that
             this
             Lease
             of
             the
             Impost
             of
             Tobacco
             might
             be
             taken
             in
             ,
             and
             compounded
             for
             ,
             and
             converted
             to
             the
             Kings
             benefit
             :
             That
             the
             Revenue
             might
             be
             able
             to
             bear
             the
             Charge
             ,
             and
             the
             Subjects
             eased
             from
             demand
             of
             Contribution
             ,
             and
             supply
             for
             this
             purpose
             ;
             so
             that
             this
             was
             originally
             ordained
             by
             themselves
             ,
             on
             their
             own
             Petition
             ,
             to
             be
             setled
             as
             a
             Revenue
             of
             the
             Crown
             .
          
           
             The
             Petition
             being
             affirmed
             by
             Mr
             Gibson
             ,
             to
             be
             a
             true
             Copy
             ,
             being
             
             examined
             by
             him
             before
             Sir
             
               Paul
               Davis
            
             in
             Ireland
             ,
             was
             read
             as
             to
             that
             point
             ,
             and
             it
             imports
             .
          
           
             Lastly
             ,
             They
             do
             humbly
             advise
             ,
             that
             the
             six
             Subsidies
             ,
             chearfully
             granted
             in
             this
             Parliament
             ,
             may
             be
             imployed
             for
             the
             buying
             of
             the
             Leases
             and
             Farms
             ,
             that
             the
             same
             may
             be
             able
             to
             supply
             the
             necessary
             charge
             of
             this
             Kingdom
             in
             the
             first
             place
             .
             And
             in
             the
             second
             place
             ,
             to
             satisfie
             and
             discharge
             the
             Debts
             and
             Incumbrances
             aforesaid
             ,
             as
             in
             manner
             aforesaid
             ,
             and
             for
             the
             other
             not
             included
             .
             The
             House
             would
             not
             enter
             into
             Consideration
             thereof
             ,
             but
             are
             confident
             ,
             that
             when
             others
             justly
             due
             ,
             shall
             appear
             ,
             
             your
             Lordships
             will
             take
             a
             course
             that
             shall
             stand
             with
             your
             Honor
             and
             Profit
             .
          
           
             My
             Lord
             of
             Strafford
             offered
             a
             Witness
             to
             prove
             ,
             that
             the
             Tobacco
             is
             one
             of
             the
             things
             that
             goes
             under
             the
             name
             of
             Leases
             .
          
           
             Mr.
             Slingsby
             being
             examined
             to
             that
             point
             .
          
           
             Answered
             ,
             That
             he
             was
             a
             Member
             of
             the
             House
             of
             Commons
             the
             first
             
             Parliament
             ,
             and
             Debate
             was
             offered
             ,
             how
             the
             Kings
             Revenue
             might
             be
             supplied
             ,
             to
             maintain
             the
             Charge
             ;
             several
             Grants
             and
             Leases
             ,
             applyed
             to
             particular
             men
             ,
             were
             thought
             fit
             to
             be
             brought
             in
             ,
             to
             be
             applyed
             to
             the
             Kings
             advantage
             there
             ;
             there
             was
             the
             Custom
             ,
             Wine
             ,
             and
             Aquavitae
             Licenses
             ;
             there
             was
             Tobacco
             ,
             and
             in
             the
             Kingdom
             .
          
           
             My
             Lord
             of
             Strafford
             desired
             liberty
             to
             reserve
             Sir
             
               Adam
               Loftus
            
             ,
             whom
             
             he
             conceived
             a
             material
             Witness
             for
             him
             ,
             but
             was
             now
             absent
             .
          
           
             Lord
             
               Robert
               Dillon
            
             being
             asked
             whether
             he
             was
             of
             the
             Parliament
             House
             
             when
             these
             Leases
             were
             advised
             to
             be
             brought
             in
             ,
             and
             whether
             the
             Lease
             of
             Tobacco
             was
             not
             one
             that
             was
             advised
             to
             be
             brought
             in
             ,
             and
             applyed
             to
             the
             Crown
             ;
             and
             that
             part
             of
             the
             Subsidies
             should
             be
             imployed
             to
             that
             end
             .
          
           
             His
             Lordship
             answered
             ,
             That
             he
             did
             serve
             in
             the
             House
             of
             Commons
             that
             Parliament
             ,
             that
             they
             were
             upon
             the
             Kings
             Revenue
             ,
             and
             they
             wished
             that
             the
             Charge
             might
             be
             answered
             by
             the
             coming
             in
             of
             the
             Rents
             .
             He
             remembers
             ,
             that
             on
             debate
             in
             the
             House
             ,
             a
             Committee
             was
             appointed
             to
             consider
             of
             the
             disposing
             of
             part
             of
             the
             Kings
             Revenue
             ,
             to
             take
             off
             the
             Incumbrances
             then
             of
             His
             Majesties
             Revenue
             ,
             to
             the
             end
             ,
             the
             Rent
             of
             His
             Majesty
             being
             raised
             ,
             they
             might
             be
             able
             to
             answer
             the
             ordinary
             and
             standing
             charge
             of
             the
             Kingdom
             ,
             and
             so
             divers
             things
             were
             to
             be
             brought
             in
             ;
             but
             for
             the
             very
             particular
             of
             Tobacco
             ,
             he
             doth
             not
             remember
             ,
             it
             by
             name
             though
             he
             remembers
             Wine
             and
             Aquavitae
             ,
             and
             the
             Incumbrances
             on
             the
             Customs
             .
          
           
             My
             Lord
             of
             Strafford
             in
             the
             second
             place
             ,
             shews
             the
             Grant
             of
             the
             Imposition
             
             on
             Tobacco
             ,
             as
             they
             were
             Lett
             Iune
             13.
             
             Iac.
             and
             at
             that
             time
             were
             Lett
             for
             10
             l.
             a
             year
             Rent
             .
          
           
             Which
             being
             attested
             by
             Mr.
             Gibson
             to
             be
             a
             true
             Copy
             ,
             and
             to
             be
             by
             him
             examined
             at
             the
             Rolls
             in
             Ireland
             ,
             was
             read
             ,
             as
             to
             this
             point
             purporting
             ,
             
          
           
             That
             the
             King
             appoints
             ,
             That
             from
             the
             Date
             thereof
             ,
             there
             shall
             be
             received
             by
             way
             of
             Imposition
             Money
             18
             d.
             currant
             ,
             upon
             every
             pound
             of
             Tobacco
             ,
             which
             is
             demised
             to
             
               William
               Massam
            
             and
             
               Iohn
               Pitt
            
             for
             7
             years
             ,
             under
             the
             yearly
             Rent
             of
             10
             l.
             Dat.
             6
             Iune
             ,
             13
             Iac.
             
          
           
             Next
             he
             offered
             a
             Lease
             of
             the
             said
             Impositions
             to
             Mr.
             Lyne
             for
             21
             years
             ,
             at
             20
             
               l.
               per
               ann
            
             .
             Dat.
             8
             Feb.
             19
             Iac.
             
          
           
             But
             Mr.
             Maynard
             admitting
             it
             ,
             the
             reading
             thereof
             was
             forborn
             .
             
          
           
             Next
             ,
             He
             offers
             the
             Kings
             Letter
             18
             Iuly
             ,
             12
             Car.
             whereby
             His
             Majesty
             directs
             the
             setling
             of
             this
             business
             ,
             and
             is
             a
             warrant
             for
             issuing
             of
             the
             Proclamation
             wherewith
             he
             is
             charged
             .
          
           
           
             Which
             being
             affirmed
             by
             Mr.
             Gibson
             to
             be
             a
             true
             Copy
             ,
             was
             read
             ,
             whereby
             is
             imported
             .
             
          
           
             That
             His
             Majesty
             being
             given
             to
             understand
             ,
             that
             the
             pre-emption
             of
             Tobacco
             may
             be
             rightly
             assumed
             ,
             had
             resolved
             to
             lay
             hold
             of
             the
             present
             opportunity
             ,
             requiring
             my
             Lord
             of
             Strafford
             to
             advise
             with
             such
             of
             the
             Council
             there
             ,
             as
             he
             should
             think
             fit
             ,
             or
             by
             what
             Limitations
             and
             Conditions
             the
             pre-emption
             may
             be
             setled
             ;
             and
             afterwards
             ,
             to
             direct
             a
             course
             for
             licencing
             the
             sale
             thereof
             ,
             to
             the
             best
             improvement
             .
          
           
             Yet
             so
             as
             a
             care
             may
             be
             had
             as
             near
             as
             may
             be
             ,
             to
             prevent
             the
             bringing
             in
             of
             unfound
             Tobacco
             ,
             leaving
             to
             his
             judgement
             ,
             all
             necessary
             provisions
             to
             be
             determined
             about
             this
             business
             ,
             Dat.
             18
             Iuly
             12
             Car.
             
          
           
             My
             Lord
             of
             Strafford
             observed
             ,
             that
             this
             Letter
             was
             sent
             upon
             the
             like
             course
             taken
             here
             in
             England
             ,
             it
             being
             thought
             fit
             to
             be
             alike
             in
             both
             Kingdoms
             ;
             but
             the
             business
             of
             England
             preceeded
             it
             ,
             and
             was
             the
             occasion
             of
             the
             Letter
             .
          
           
             The
             next
             thing
             observed
             was
             the
             Proclamation
             in
             England
             ,
             to
             probibit
             the
             planting
             of
             Tobacco
             in
             England
             and
             Wales
             ,
             and
             the
             landing
             of
             Tobacco
             in
             any
             part
             of
             England
             or
             Ireland
             ,
             but
             only
             at
             London
             ,
             other
             than
             such
             ,
             and
             so
             much
             Spanish
             Tobacco
             ,
             and
             Plantation
             Tobacco
             ,
             as
             should
             be
             allowed
             and
             determined
             to
             be
             competent
             ,
             upon
             pain
             of
             Confiscation
             :
             A
             Moyety
             to
             the
             King
             ,
             a
             Moyety
             to
             the
             Discoverer
             .
          
           
             Which
             was
             read
             ,
             being
             dated
             14
             Mar.
             13
             Car.
             
          
           
             Which
             my
             Lord
             of
             Strafford
             observed
             to
             be
             the
             same
             with
             that
             wherewith
             himself
             is
             charged
             ;
             and
             that
             the
             Letter
             directing
             him
             to
             take
             this
             business
             into
             Consideration
             ,
             bears
             date
             Iuly
             12.
             
             Car.
             and
             the
             first
             Proclamation
             issued
             out
             
               ult
               ,
               Ian.
            
             13
             Car.
             So
             that
             he
             made
             no
             haste
             .
          
           
             The
             next
             thing
             his
             Lordship
             offered
             ,
             was
             the
             Contract
             it self
             ,
             Dat.
             7
             Nov.
             13.
             
             Car.
             which
             being
             affirmed
             by
             Mr.
             Gibson
             ,
             to
             be
             a
             true
             Copy
             ,
             was
             read
             ,
             being
             Signed
             by
             the
             Deputy
             and
             Council
             ,
             and
             Imports
          
           
             That
             
               Carpenter
               ,
               Bartholomew
               Peatly
            
             and
             others
             had
             made
             an
             humble
             Proposition
             ,
             thereby
             setting
             forth
             ,
             That
             no
             Order
             hath
             been
             taken
             for
             the
             due
             bringing
             in
             of
             good
             and
             sufficient
             Tobacco
             ,
             or
             quantities
             proportionable
             to
             the
             Consumption
             thereof
             ,
             whereby
             the
             price
             is
             too
             much
             inhaunced
             ,
             or
             the
             Market
             glutted
             ,
             and
             desiring
             that
             they
             may
             have
             the
             Renting
             of
             the
             Tobacco
             business
             for
             11
             years
             ,
             paying
             yearly
             5000
             l.
             For
             the
             first
             five
             years
             ,
             10000
             l.
             for
             the
             six
             last
             years
             freed
             from
             Custom
             ,
             and
             only
             paying
             3
             d.
             Impost
             ,
             and
             the
             Custom
             not
             to
             be
             advanced
             ;
             that
             ,
             they
             ,
             and
             such
             as
             they
             shall
             contract
             with
             ,
             may
             be
             free
             to
             return
             ,
             and
             enter
             in
             London
             or
             Ireland
             :
             That
             in
             case
             of
             War
             ,
             they
             may
             account
             only
             for
             the
             Profits
             ,
             in
             lieu
             of
             the
             Rent
             .
          
           
             That
             upon
             my
             Lord
             of
             
             Strafford's
             leaving
             the
             Government
             ,
             they
             may
             be
             free
             to
             surrender
             their
             Grant
             ,
             and
             not
             stand
             charged
             .
          
           
             That
             Tobacco
             may
             be
             solely
             imported
             ,
             and
             the
             sale
             licensed
             by
             them
             .
          
           
             That
             no
             Tobacco
             be
             planted
             in
             Ireland
             ,
             during
             the
             Term.
             
          
           
             Whereupon
             ,
             a
             Warrant
             was
             issued
             for
             the
             paying
             of
             a
             Grant
             to
             them
             of
             the
             sole
             Importation
             ,
             and
             Lycensing
             the
             sale
             of
             Tobacco
             for
             11
             years
             ,
             paying
             5000
             l.
             yearly
             for
             the
             first
             five
             years
             ,
             10000
             l.
             for
             the
             last
             six
             years
             ,
             above
             the
             custom
             of
             3
             
               d.
               per
            
             pound
             ,
             with
             all
             the
             Customes
             received
             for
             His
             Majesty
             since
             Michaelmas
             last
             ,
             and
             all
             Impositions
             to
             be
             laid
             down
             during
             that
             term
             ,
             &c.
             
             Dat
             ,
             7
             Nov.
             1637.
             
          
           
           
             And
             such
             security
             to
             be
             given
             for
             the
             Rents
             ,
             as
             to
             the
             Court
             of
             Exchequer
             should
             be
             thought
             meet
          
           
             Where
             my
             Lord
             of
             Strafford
             observed
             ,
             that
             he
             did
             nothing
             herein
             ,
             without
             the
             assistance
             of
             the
             Principal
             of
             the
             Council
             there
             .
          
           
             And
             further
             ,
             That
             before
             this
             was
             resolved
             ,
             advertisement
             was
             sent
             His
             Majesty
             ,
             that
             His
             direction
             might
             be
             given
             ,
             and
             the
             Letter
             from
             the
             Council
             of
             Ireland
             ,
             to
             Secretary
             Cook
             ,
             being
             affirmed
             by
             Mr.
             Gibson
             ,
             to
             be
             a
             true
             Copy
             ,
             was
             read
             ,
             importing
             the
             substance
             of
             the
             said
             Treaty
             ,
             and
             the
             conditions
             thereof
             recited
             ,
             Dat.
             
               ult
               .
               May
            
             ,
             1638.
             
          
           
             The
             next
             thing
             offered
             is
             the
             Grant
             it self
             ,
             Dat.
             22.
             
             Iune
             ,
             14
             Car.
             And
             an
             Act
             of
             Parliament
             for
             the
             confirmation
             of
             it
             ,
             according
             to
             the
             Petition
             and
             the
             King's
             Letter
             .
          
           
             The
             Clerk
             of
             the
             Crown
             did
             now
             inform
             their
             Lordships
             ,
             That
             there
             is
             a
             Bill
             concerning
             Importation
             of
             Tobacco
             ,
             transmitted
             out
             of
             Ireland
             in
             Iuly
             last
             ,
             and
             it
             was
             sent
             back
             at
             Michaelmas
             last
             ,
             with
             a
             Commission
             to
             the
             Lieutenant
             ,
             to
             give
             Royal
             Assent
             ,
             but
             whether
             it
             was
             given
             or
             no
             ,
             he
             cannot
             tell
             .
          
           
             But
             my
             Lord
             of
             Strafford
             ,
             said
             ,
             it
             was
             only
             transmitted
             from
             the
             Deputy
             and
             Council
             ,
             and
             sent
             back
             under
             the
             Great
             Seal
             ,
             but
             did
             not
             pass
             the
             Parliament
             there
             ;
             and
             he
             desired
             it
             might
             be
             read
             only
             as
             to
             the
             Title
             :
             But
             that
             was
             laid
             aside
             .
          
           
             And
             then
             his
             Lordship
             added
             ,
             That
             as
             for
             the
             Proclamation
             ,
             he
             with
             the
             rest
             of
             the
             Council
             ,
             did
             set
             his
             Hand
             thereunto
             ;
             and
             that
             he
             conceived
             then
             ,
             and
             trusts
             it
             will
             appear
             now
             to
             be
             upon
             very
             good
             Warrant
             ,
             and
             justifiable
             ;
             he
             having
             the
             Kings
             Command
             in
             the
             point
             ,
             and
             it
             being
             only
             Temporary
             ,
             till
             an
             Act
             of
             Parliament
             might
             make
             final
             in
             it
             ,
             that
             it
             might
             remain
             in
             the
             Crown
             for
             after-times
             ,
             and
             a
             Proclamation
             thus
             issued
             till
             an
             Act
             of
             Parliament
             comes
             ,
             he
             conceives
             very
             Justifiable
             ;
             if
             it
             be
             an
             Error
             ,
             it
             is
             an
             Error
             he
             hath
             been
             always
             misguided
             by
             .
             That
             the
             King
             may
             make
             a
             Proclamation
             till
             a
             Parliament
             comes
             to
             make
             it
             more
             lasting
             .
          
           
             And
             whereas
             some
             Transgressors
             against
             these
             Proclamations
             ,
             are
             Sentenced
             ,
             yet
             he
             is
             charged
             with
             none
             of
             them
             ,
             and
             so
             on
             the
             matter
             is
             not
             charged
             with
             their
             Sentence
             ;
             though
             he
             conceives
             the
             same
             very
             justifiable
             ,
             there
             appearing
             to
             be
             Perjury
             in
             some
             of
             them
             ;
             and
             if
             they
             be
             poor
             ,
             and
             men
             of
             no
             great
             fortunes
             ,
             he
             knows
             not
             what
             is
             more
             proper
             or
             deserved
             ,
             than
             to
             see
             men
             taken
             in
             so
             foul
             a
             Crime
             ,
             on
             the
             Pillory
             ,
             as
             being
             a
             fair
             and
             moderate
             punishment
             ;
             and
             the
             Fines
             were
             
               in
               Terrorem
            
             ,
             there
             being
             little
             or
             nothing
             of
             them
             paid
             .
             And
             this
             point
             of
             Jurisdiction
             for
             punishing
             Transgressors
             of
             Act
             of
             State
             and
             Proclamations
             ,
             he
             conceives
             fully
             proved
             before
             in
             the
             former
             Articles
             .
          
           
             And
             whereas
             't
             is
             said
             ;
             the
             Tobacco
             was
             not
             sold
             at
             reasonable
             Rates
             as
             formerly
             ,
             he
             desired
             their
             Lordships
             to
             observe
             ,
             that
             the
             Contract
             was
             made
             22
             Iune
             ,
             14
             Car.
             and
             in
             
               September
               was
            
             Twelve
             moneths
             ,
             he
             was
             not
             privy
             to
             it
             .
          
           
             And
             on
             this
             the
             Contractors
             stand
             on
             their
             Justification
             ,
             and
             hope
             to
             make
             it
             appear
             ,
             if
             they
             may
             have
             time
             ,
             that
             the
             Planters
             have
             in
             no
             part
             of
             Christendom
             ,
             so
             good
             a
             value
             as
             here
             ;
             and
             that
             they
             sell
             at
             as
             moderate
             rates
             ,
             as
             ever
             was
             sold
             heretofore
             ,
             and
             better
             conditioned
             Commo●ty
             .
          
           
           
             His
             Lordship
             further
             observed
             ,
             That
             the
             proof
             which
             makes
             the
             great
             Cry
             in
             point
             of
             value
             ,
             is
             weak
             enough
             .
          
           
             That
             there
             should
             be
             near
             100000
             l.
             profit
             a
             year
             ,
             is
             a
             wonderful
             estimate
             ,
             and
             admirable
             to
             him
             .
             That
             during
             his
             being
             there
             ,
             which
             was
             one
             year
             ,
             it
             shall
             appear
             they
             were
             loosers
             by
             it
             ;
             which
             he
             speaks
             confidently
             ,
             thinking
             those
             intrusted
             with
             it
             ,
             would
             not
             abuse
             him
             ;
             they
             having
             protested
             ,
             the
             Countrey
             was
             so
             abused
             ,
             that
             they
             could
             get
             very
             little
             by
             their
             Office.
             
          
           
             That
             how
             it
             is
             sincehe
             knows
             not
             ,
             for
             the
             Contractors
             ,
             one
             of
             them
             is
             laid
             up
             in
             prison
             ,
             and
             the
             Tobacco
             seized
             on
             ,
             under
             pretence
             that
             he
             is
             impeached
             of
             Treason
             ;
             But
             they
             profess
             (
             and
             he
             believeth
             them
             )
             That
             when
             Sir
             
               George
               Ratcliffe
            
             came
             out
             of
             Ireland
             ,
             they
             had
             received
             in
             Money
             80000
             l.
             and
             they
             had
             layed
             forth
             in
             Rent
             ,
             buying
             Tobacco
             ,
             Stock
             ,
             and
             Charges
             ,
             86000
             l.
             so
             that
             they
             had
             not
             in
             their
             Money
             by
             60000
             l.
             And
             Sir
             
               George
               Ratcliffe
            
             (
             who
             is
             now
             in
             Town
             ,
             and
             though
             his
             misfortunes
             are
             heavy
             and
             sad
             enough
             ,
             yet
             is
             known
             to
             be
             a
             person
             of
             Honesty
             and
             Worth
             )
             he
             dares
             say
             ,
             will
             take
             his
             oath
             on
             it
             ,
             and
             they
             that
             know
             him
             ,
             know
             he
             would
             not
             take
             a
             false
             oath
             ,
             to
             gain
             all
             the
             world
             ;
             That
             there
             be
             indeed
             some
             debts
             which
             are
             not
             gathered
             ,
             and
             some
             collected
             ,
             and
             paid
             into
             the
             Exchequer
             :
             and
             this
             he
             said
             ,
             is
             to
             the
             value
             of
             the
             bargain
             ;
             and
             where
             he
             hears
             the
             Gentleman
             say
             ,
             the
             Customs
             have
             been
             worth
             to
             him
             and
             his
             Partners
             300000
             l.
             Surely
             the
             Informations
             have
             been
             much
             mistaken
             from
             them
             that
             gave
             the
             notice
             out
             of
             Ireland
             ;
             for
             it
             is
             to
             be
             understood
             ,
             that
             whatsoever
             the
             Profits
             are
             ,
             the
             Kings
             Rent
             must
             be
             taken
             out
             ,
             which
             is
             15500
             l.
             of
             the
             rest
             the
             King
             hath
             ⅝
             parts
             ,
             and
             himself
             but
             ¼
             part
             ;
             so
             that
             on
             the
             matter
             ,
             he
             thinks
             they
             have
             been
             worth
             to
             him
             ,
             4
             or
             5
             or
             6000
             l.
             a
             year
             better
             than
             the
             Rent
             ,
             though
             the
             value
             is
             not
             considerable
             in
             his
             Charge
             against
             him
             of
             Treason
             .
          
           
             That
             their
             Lordships
             might
             see
             the
             Reasons
             why
             he
             could
             not
             prepare
             a
             particular
             Account
             of
             these
             things
             ,
             His
             Majesty
             had
             had
             a
             particular
             Account
             ,
             had
             not
             the
             Ministers
             been
             so
             dealt
             withal
             ,
             laid
             in
             prison
             ,
             and
             abused
             ;
             If
             you
             will
             speak
             of
             a
             tyrannical
             and
             arbitrary
             way
             of
             Government
             (
             The
             Commons
             expressing
             some
             distaste
             at
             this
             Egression
             ;
             my
             Lord
             of
             Strafford
             saith
             he
             complains
             of
             Ireland
             ,
             not
             of
             things
             here
             )
             and
             desires
             leave
             to
             read
             two
             Orders
             of
             the
             Commons
             House
             ,
             who
             have
             seized
             on
             all
             ,
             given
             order
             for
             sale
             of
             them
             ,
             taken
             the
             Contractors
             ,
             imployed
             and
             imprisoned
             them
             ,
             and
             he
             thereby
             rendred
             altogether
             unable
             to
             clear
             things
             ,
             as
             otherwise
             he
             might
             have
             done
             ;
             and
             these
             things
             they
             do
             ,
             he
             knows
             not
             how
             ,
             but
             to
             his
             undoing
             indeed
             .
          
           
             Mr.
             Maynard
             did
             here
             interpose
             and
             desire
             to
             know
             ,
             to
             what
             purpose
             he
             would
             have
             them
             read
             ;
             and
             whereas
             he
             speaks
             of
             a
             Tyrannical
             usage
             ,
             he
             desires
             to
             know
             whom
             he
             presses
             ,
             whether
             the
             House
             of
             Commons
             there
             or
             here
             .
          
           
             And
             Mr.
             Whitlock
             added
             ,
             That
             my
             Lord
             of
             Strafford
             in
             his
             defence
             of
             the
             last
             Article
             ,
             let
             fall
             some
             things
             that
             were
             an
             Aspersion
             on
             the
             whole
             state
             of
             Ireland
             ,
             the
             Lords
             and
             Commons
             there
             Assembled
             ;
             for
             he
             said
             ,
             Their
             Lordships
             might
             perceive
             the
             truth
             of
             the
             Remonstrance
             ,
             presented
             from
             thence
             on
             a
             former
             occasion
             ,
             and
             now
             he
             speaks
             of
             a
             Tyrannical
             Government
             ,
             on
             his
             making
             of
             Orders
             ,
             which
             himself
             mentions
             to
             be
             made
             by
             the
             House
             of
             Commons
             in
             Ireland
             .
             And
             therefore
             their
             Lordships
             were
             desired
             to
             vindicate
             the
             Honor
             of
             the
             Kingdom
             of
             Ireland
             ,
             which
             suffers
             by
             those
             aspersions
             .
          
           
             Sir
             
               Iohn
               Clotworthy
            
             further
             insisted
             on
             it
             ,
             That
             their
             Lordships
             are
             witnesses
             of
             the
             many
             Commendations
             my
             Lord
             of
             Strafford
             hath
             formerly
             issued
             ,
             concerning
             the
             people
             of
             Ireland
             ,
             as
             long
             as
             they
             were
             subservient
             to
             
             his
             Courses
             ,
             and
             could
             not
             find
             a
             way
             to
             extricate
             themselves
             from
             his
             Lord
             ships
             yoke
             ,
             they
             were
             cryed
             up
             ,
             to
             be
             numbred
             amongst
             the
             best
             of
             His
             Majesties
             Subjects
             .
             Now
             when
             they
             are
             seeking
             to
             vindicate
             and
             relieve
             themselves
             from
             his
             heavy
             yoke
             ,
             they
             must
             be
             called
             a
             people
             ,
             he
             knows
             not
             how
             bad
             ,
             and
             therefore
             beseeches
             their
             Lordships
             that
             they
             may
             be
             set
             right
             in
             their
             Lordships
             opinions
             .
          
           
             The
             reading
             of
             the
             Order
             being
             opposed
             by
             the
             Committee
             ,
             as
             tending
             nothing
             to
             the
             Cause
             ;
             Mr.
             Maynard
             alleadging
             that
             my
             Lord
             would
             have
             them
             ready
             to
             give
             their
             Lordships
             satisfaction
             ,
             why
             they
             should
             not
             be
             read
             ,
             for
             he
             imports
             ,
             they
             be
             tyrannical
             ,
             and
             something
             he
             would
             deduce
             out
             of
             them
             ,
             to
             the
             aspersion
             of
             others
             .
          
           
             Whence
             my
             Lord
             of
             Strafford
             added
             only
             on
             the
             execution
             of
             them
             ;
             And
             Mr.
             Maynard
             replyed
             ,
             prove
             them
             on
             the
             Execution
             ,
             they
             were
             at
             last
             permitted
             to
             be
             read
             .
          
           
             One
             dated
             27
             Feb.
             1640.
             importing
             ,
          
           
             THat
             whereas
             great
             sums
             of
             Money
             have
             been
             raised
             by
             Customs
             ,
             above
             the
             Rent
             ,
             and
             my
             Lord
             of
             Strafford
             ,
             and
             Sir
             
               George
               Ratcliff
            
             are
             impeached
             of
             High
             Treason
             ,
             therefore
             it
             is
             Ordered
             ,
             That
             all
             persons
             that
             have
             Money
             of
             His
             Majesties
             in
             their
             hands
             ,
             concerning
             the
             Monopolies
             ,
             shall
             forthwith
             bring
             the
             same
             into
             his
             Highness
             Receipt
             ;
             and
             the
             Commissioners
             appointed
             to
             oversee
             the
             Ports
             ,
             shall
             bring
             in
             their
             Letters
             Patents
             to
             be
             considered
             of
             ;
             and
             because
             the
             Customs
             of
             Dublin
             amount
             to
             ⅝
             of
             Ireland
             ,
             and
             the
             now
             Collector
             is
             not
             responsible
             for
             his
             great
             charge
             ,
             if
             he
             should
             miscarry
             ;
             therefore
             Sir
             
               Edw.
               Bagshaw
            
             ,
             Kt.
             now
             Customer
             and
             Collector
             ,
             shall
             collect
             all
             the
             Customes
             ,
             and
             pay
             the
             same
             into
             the
             Receipt
             .
             That
             the
             Magazine-keeper
             of
             Tobacco
             shall
             forthwith
             return
             a
             true
             List
             of
             all
             Tobacco
             remaining
             in
             his
             hands
             ,
             and
             what
             was
             sold
             since
             Michaelmas
             1637.
             and
             to
             what
             account
             ,
             and
             what
             Moneys
             are
             received
             ,
             and
             to
             whom
             the
             same
             is
             paid
             ,
             and
             what
             Money
             ,
             Bonds
             ,
             Bills
             ,
             and
             other
             Debts
             remain
             unpaid
             of
             the
             Premisses
             ,
             and
             in
             whose
             hands
             they
             be
             ;
             And
             that
             all
             Customers
             ,
             and
             Officers
             in
             the
             Ports
             and
             Creeks
             ,
             do
             deliver
             into
             this
             House
             within
             two
             moneths
             ,
             a
             true
             List
             of
             all
             such
             seizures
             of
             Money
             ,
             Tobacco
             ,
             and
             other
             Commodities
             ,
             that
             they
             ,
             or
             any
             of
             them
             have
             made
             or
             compounded
             for
             ,
             or
             what
             remains
             in
             their
             hands
             ;
             and
             likewise
             all
             forfeited
             Bonds
             for
             Goods
             transported
             into
             
               England
               ,
               &c.
            
             and
             of
             all
             Fees
             they
             have
             received
             ,
             and
             their
             Warrants
             ,
             and
             a
             Note
             of
             all
             such
             persons
             as
             receive
             Fees
             ,
             and
             are
             no
             Officers
             ,
             and
             what
             Fees
             ,
             &c.
             for
             seven
             years
             last
             past
             .
          
           
             The
             Second
             Order
             was
             dated
             3
             Mar.
             1640.
             importing
             in
             effect
             ,
             That
          
           
             FOrasmuch
             as
             much
             Tobacco
             lies
             in
             the
             Magazines
             ,
             which
             is
             perished
             ,
             It
             is
             Ordered
             ,
             that
             certain
             persons
             in
             the
             Order
             named
             ,
             shall
             make
             sale
             thereof
             to
             the
             best
             advantage
             ;
             and
             the
             Contractors
             are
             required
             to
             make
             weekly
             Accounts
             of
             all
             the
             Moneys
             they
             shall
             receive
             ,
             or
             which
             shall
             accrue
             out
             of
             the
             Tobacco
             by
             them
             sold
             ,
             and
             deliver
             the
             Money
             to
             certain
             persons
             therein
             named
             ,
             or
             any
             two
             of
             them
             ,
             who
             are
             required
             to
             take
             the
             burden
             on
             them
             ,
             and
             receive
             the
             Account
             weekly
             due
             ,
             &c.
             and
             to
             be
             answerable
             to
             His
             Majesty
             ,
             &c.
             
          
           
           
             My
             Lord
             of
             Strafford
             observed
             ,
             that
             these
             he
             shewed
             ,
             to
             justifie
             ,
             that
             he
             could
             not
             give
             particular
             satisfaction
             ,
             those
             imployed
             being
             in
             prison
             .
          
           
             And
             further
             ,
             that
             in
             the
             whole
             proceeding
             of
             this
             ,
             he
             had
             done
             nothing
             but
             what
             's
             warrantable
             ,
             and
             howsoever
             it
             proves
             a
             good
             or
             a
             bad
             bargain
             ,
             that
             's
             not
             in
             question
             ;
             for
             he
             never
             knew
             the
             goodness
             of
             a
             Bargain
             could
             make
             a
             Treason
             :
             If
             every
             one
             that
             makes
             a
             bad
             bargain
             with
             the
             King
             ,
             should
             be
             a
             Traitor
             ,
             it
             were
             hard
             ,
             but
             at
             that
             time
             none
             would
             be
             a
             partner
             with
             them
             ,
             among
             them
             all
             that
             say
             ,
             it
             was
             so
             great
             a
             bargain
             .
          
           
             That
             in
             fine
             ,
             the
             worst
             of
             this
             can
             but
             be
             ,
             that
             it
             is
             a
             Monopolie
             ,
             a
             sole
             buying
             and
             selling
             of
             Tobacco
             ;
             and
             he
             hath
             known
             in
             his
             little
             poor
             experience
             many
             Monopolies
             overthrown
             by
             sentence
             of
             the
             Commons
             House
             ,
             ;
             but
             under
             favour
             ,
             never
             heard
             it
             to
             be
             judged
             Treason
             before
             this
             time
             .
          
           
             For
             the
             Port
             of
             Kinsale
             ,
             it
             is
             the
             Port
             wherein
             in
             a
             manner
             ,
             all
             the
             Tobacco
             of
             the
             Kingdom
             comes
             to
             be
             Landed
             ,
             and
             thence
             transported
             again
             ;
             and
             that
             the
             value
             of
             the
             Tobacco
             is
             worth
             100000
             l.
             is
             but
             an
             estimate
             ,
             and
             no
             Consideration
             herein
             had
             of
             the
             price
             ,
             the
             Customes
             ,
             the
             Losses
             and
             Charges
             ,
             and
             the
             Remonstrance
             of
             the
             Commons
             ,
             is
             only
             that
             they
             conceive
             it
             to
             be
             so
             ;
             And
             this
             is
             all
             the
             Testimony
             to
             the
             value
             .
             
               
                 And
                 so
                 his
                 Lordship
                 concluded
                 his
                 Defence
                 .
              
               
                 And
                 
                   Mr.
                   Maynard
                
                 made
                 Reply
                 in
                 substance
                 as
                 followeth
                 .
              
            
          
           
             And
             First
             he
             observed
             ,
             That
             whereas
             it
             was
             said
             ,
             the
             Orders
             of
             the
             Commons
             House
             were
             Rigid
             ,
             indeed
             Tyrannical
             ,
             when
             they
             be
             heard
             ,
             there
             's
             no
             such
             thing
             in
             them
             ;
             they
             appoint
             two
             of
             my
             Lord
             of
             Strafford's
             Agents
             ,
             at
             least
             one
             of
             them
             is
             his
             Agent
             ,
             and
             the
             other
             Patentee
             to
             account
             the
             Money
             :
             That
             they
             shall
             only
             bring
             in
             a
             List
             ,
             without
             taking
             away
             the
             Books
             ,
             or
             any
             thing
             conducing
             to
             his
             defence
             .
          
           
             That
             he
             knows
             not
             for
             what
             purpose
             my
             Lord
             of
             Strafford
             objected
             the
             Lease
             10
             Iac.
             for
             that
             concerned
             imposition
             on
             Tobacco
             ,
             but
             the
             question
             here
             is
             ,
             That
             none
             must
             sell
             Tobacco
             without
             Licence
             of
             the
             Patentee
             .
          
           
             Here
             my
             Lord
             of
             Strafford
             interposed
             ,
             That
             any
             man
             that
             will
             pay
             Imposition
             and
             Custome
             ,
             may
             bring
             in
             what
             Tobacco
             he
             pleases
             .
             But
             Mr.
             Maynard
             answers
             ,
             That
             that
             's
             more
             than
             the
             Tobacco
             is
             worth
             ,
             and
             if
             the
             Patentees
             may
             sell
             without
             Imposition
             and
             Custome
             at
             their
             own
             Prizes
             ,
             they
             are
             2
             s.
             a
             pound
             before
             any
             man.
             
          
           
             Mr.
             Maynard
             proceeded
             to
             answer
             ,
             That
             of
             the
             Commons
             petitioning
             for
             regulating
             the
             King's
             Debts
             ,
             and
             observed
             ,
             That
             it
             was
             only
             that
             the
             Incumbrances
             on
             the
             Kings
             Revenue
             might
             be
             taken
             off
             ;
             and
             this
             is
             no
             ground
             that
             the
             Subject
             must
             not
             have
             his
             Goods
             ,
             because
             the
             Kings
             debts
             must
             be
             regulated
             ,
             nor
             a
             good
             service
             done
             His
             Majesty
             ,
             that
             when
             the
             Commons
             shall
             desire
             something
             may
             be
             done
             ,
             therefore
             this
             is
             an
             Argument
             ,
             and
             Justification
             ,
             that
             any
             thing
             may
             be
             done
             ;
             this
             being
             to
             stop
             the
             issues
             of
             the
             affections
             of
             the
             Kings
             people
             ,
             when
             what
             they
             propound
             ,
             shall
             be
             so
             far
             beyond
             their
             Intention
             ;
             besides
             ,
             some
             have
             been
             whipp'd
             ,
             
             Pillory'd
             ,
             and
             ,
             Was
             that
             the
             Intention
             of
             the
             Commons
             House
             ,
             to
             put
             such
             Severity
             ,
             pardon
             him
             if
             he
             say
             Cruelty
             ,
             upon
             the
             Subject
             ?
          
           
             That
             the
             Letter
             from
             His
             Majesty
             was
             on
             a
             Misinformation
             ;
             for
             it
             sayes
             ,
             His
             Majesty
             is
             given
             to
             understand
             the
             Preemption
             of
             Tobacco
             may
             be
             rightfully
             assumed
             ;
             Yet
             the
             known
             Law
             in
             England
             ,
             or
             Ireland
             ,
             being
             ,
             that
             any
             preemption
             may
             be
             put
             upon
             a
             Commodity
             ,
             to
             take
             it
             from
             the
             Subject
             ;
             so
             they
             have
             the
             more
             to
             answer
             for
             it
             that
             did
             inform
             it
             :
             and
             ,
             if
             the
             Question
             be
             ,
             Who
             ?
             Surely
             out
             of
             my
             Lord
             of
             Straffords
             own
             Defence
             ,
             he
             himself
             appears
             to
             be
             the
             Man
             ;
             for
             ,
             he
             makes
             the
             Proposition
             of
             the
             Commons-House
             the
             ground
             of
             his
             Proceeding
             :
             So
             it
             was
             an
             Arrow
             out
             of
             his
             Quiver
             .
             Besides
             ,
             though
             it
             was
             to
             be
             assumed
             to
             His
             Majesty
             ,
             yet
             the
             Question
             is
             ,
             Who
             had
             the
             Profit
             ?
             the
             King
             had
             little
             in
             proportion
             to
             what
             hath
             been
             raised
             .
          
           
             For
             the
             Proclamation
             ,
             March
             13
             Car.
             Whereas
             my
             Lord
             makes
             that
             in
             England
             the
             Example
             of
             that
             Issued
             in
             Ireland
             ;
             if
             that
             which
             follows
             may
             be
             an
             Example
             to
             that
             which
             goes
             before
             ,
             it
             may
             be
             true
             :
             But
             ,
             the
             Proclamation
             in
             Ireland
             was
             in
             Ianuary
             ,
             and
             the
             Proclamation
             here
             is
             in
             March
             ,
             the
             same
             year
             ;
             Therefore
             that
             's
             a
             great
             Mistake
             .
          
           
             Besides
             ,
             if
             there
             be
             a
             Monopoly
             set
             up
             in
             England
             ,
             Shall
             that
             Justifie
             another
             ?
             A
             Crime
             being
             aggravated
             ,
             when
             it
             becomes
             an
             Example
             ;
             for
             ,
             when
             they
             go
             to
             the
             other
             ,
             one
             strengthens
             another
             ;
             and
             there
             is
             more
             Mischief
             to
             the
             Common-wealth
             .
          
           
             And
             ,
             in
             Parliament
             ,
             they
             must
             be
             bold
             to
             say
             ,
             when
             Ill
             Ministers
             shall
             take
             on
             them
             to
             Vouch
             the
             Sacred
             Names
             of
             His
             Majesty
             to
             Justifie
             a
             Monopoly
             ,
             His
             Majesty
             is
             Innocent
             ,
             but
             they
             liable
             to
             great
             Punishment
             ;
             and
             the
             more
             Punishable
             ,
             because
             they
             Justifie
             it
             under
             such
             a
             Colour
             .
          
           
             As
             to
             the
             Advertisement
             of
             it
             hither
             by
             the
             Deputy
             and
             Counsel
             ;
             Shall
             their
             Advertisement
             ,
             of
             what
             was
             done
             Unjustly
             ,
             make
             it
             Just
             ?
          
           
             Besides
             ,
             my
             Lord
             of
             Strafford
             takes
             on
             him
             the
             Encouragement
             of
             the
             Contracts
             ;
             for
             ,
             there
             is
             one
             Proposition
             that
             (
             in
             case
             we
             remove
             )
             they
             may
             have
             liberty
             to
             surrender
             their
             Patents
             ,
             which
             is
             a
             strong
             relish
             of
             my
             Lord
             of
             Strafford
             :
             For
             else
             ,
             Why
             should
             they
             desire
             no
             longer
             to
             continue
             the
             Grant
             ,
             then
             they
             may
             have
             his
             Protection
             to
             Whip
             ,
             and
             Pillory
             Men
             ?
             And
             ,
             the
             truth
             is
             ,
             he
             is
             the
             sole
             Man
             that
             hath
             the
             Benefit
             of
             it
             ,
             and
             the
             rest
             are
             his
             Servants
             ;
             And
             ,
             they
             will
             desire
             M
             r
             Little
             may
             be
             examined
             to
             that
             point
             by
             and
             by
             .
          
           
             He
             added
             ,
             That
             his
             Lordship
             had
             a
             Weak
             Defence
             ,
             else
             he
             would
             not
             have
             fled
             to
             such
             a
             Buckler
             ,
             as
             an
             Act
             of
             Parliament
             ,
             certified
             from
             Sir
             
               Christopher
               Wainsford
            
             the
             Deputy
             of
             Ireland
             ;
             that
             he
             thinks
             it
             fit
             to
             pass
             ,
             who
             was
             one
             of
             them
             that
             Acted
             at
             the
             Councel-Table
             ,
             so
             far
             as
             his
             part
             came
             ;
             but
             ,
             it
             was
             never
             propounded
             to
             either
             of
             the
             Houses
             .
             And
             ,
             where
             my
             Lord
             sayes
             ,
             A
             Proclamation
             may
             be
             made
             ,
             till
             an
             Act
             of
             Parliament
             make
             it
             more
             lasting
             ;
             Mr.
             Maynard
             said
             ,
             Yet
             he
             hoped
             ,
             by
             no
             Law
             in
             England
             ,
             a
             Proclamation
             may
             take
             away
             the
             
               Goods
               of
               the
               Subject
            
             :
             That
             there
             is
             a
             Right
             in
             Proclamation
             he
             will
             never
             speak
             against
             ;
             but
             ,
             it
             is
             no
             Temporary
             Law
             to
             raise
             a
             Monopoly
             .
          
           
             And
             ,
             whereas
             he
             sayes
             ,
             Tobacco
             yields
             no
             where
             so
             good
             a
             Value
             as
             in
             Ireland
             ,
             that
             's
             nothing
             to
             the
             Point
             of
             Buying
             ;
             that
             when
             the
             Subject
             may
             have
             2
             Shillings
             ,
             my
             Lord
             of
             Straffords
             Agents
             shall
             have
             it
             for
             6
             d
             ,
             and
             sell
             it
             again
             for
             2
             or
             3
             Shillings
             .
          
           
           
             My
             Lord
             sayes
             ,
             The
             Contractors
             are
             out
             of
             Purse
             6000
             l.
             and
             't
             is
             but
             said
             ;
             And
             that
             will
             not
             abate
             the
             Testimony
             .
          
           
             For
             Kinsale
             ,
             the
             Witness
             being
             an
             understanding
             Man
             ,
             says
             ,
             That
             in
             that
             one
             Port
             there
             comes
             in
             200
             Tun
             ;
             and
             whereas
             it
             is
             said
             ,
             There
             comes
             none
             ,
             in
             a
             Manner
             ,
             in
             any
             other
             Port
             ,
             Why
             then
             hath
             my
             Lord
             Five
             Magazines
             of
             Tobacco
             at
             several
             places
             ?
             Nothing
             is
             offered
             by
             way
             of
             Defence
             :
             And
             he
             that
             shall
             Justifie
             such
             things
             by
             the
             Commands
             he
             hath
             produced
             ,
             doth
             exceedingly
             Justifie
             our
             Complaint
             in
             that
             Point
             ;
             for
             ,
             were
             it
             not
             that
             by
             Misinformation
             ,
             the
             Subject
             is
             left
             Remediless
             at
             Law
             ,
             he
             might
             be
             holpen
             there
             :
             but
             ,
             when
             my
             Lord
             of
             Strafford
             ,
             and
             other
             Great
             Officers
             there
             shall
             use
             the
             King's
             Name
             ,
             That
             's
             our
             Trouble
             ,
             therefore
             their
             Profit
             :
             And
             ,
             therefore
             ,
             though
             my
             Lord
             makes
             light
             of
             it
             ,
             it
             will
             come
             heavy
             at
             the
             last
             ,
             and
             is
             a
             great
             breach
             on
             the
             
               Property
               of
               the
               Subject
            
             ,
             Soleemption
             may
             be
             made
             of
             all
             things
             else
             .
          
           
             Mr.
             Glyn
             desiring
             to
             add
             a
             Word
             ,
             observed
             ,
             That
             Two
             things
             my
             Lord
             of
             Strafford
             mainly
             insists
             on
             ,
             to
             Justifie
             his
             Actions
             .
             First
             ,
             That
             the
             House
             of
             Commons
             desired
             the
             Revenue
             might
             be
             unfettered
             ,
             by
             taking
             off
             the
             Leases
             in
             being
             ;
             And
             Urges
             ,
             That
             they
             intended
             the
             Lease
             of
             Tobacco
             among
             the
             rest
             ,
             which
             appeares
             not
             :
             But
             admit
             it
             ,
             their
             Intention
             was
             to
             take
             off
             the
             Fetters
             and
             Ingagements
             from
             the
             Kings
             Revenue
             ,
             that
             the
             King
             might
             make
             the
             best
             of
             it
             ;
             not
             that
             others
             should
             feed
             on
             what
             was
             His
             ,
             and
             he
             in
             the
             mean
             time
             want
             .
          
           
             Now
             their
             Lordships
             may
             observe
             ,
             how
             my
             Lord
             of
             Strafford
             executes
             these
             Intentions
             ;
             he
             gets
             a
             Lease
             of
             it
             ,
             but
             doth
             not
             he
             retain
             the
             Kings
             Revenue
             ,
             being
             worth
             100000
             l.
             a
             year
             to
             himself
             for
             5000
             l.
             if
             the
             Witness
             speaks
             truth
             ?
             So
             it
             falls
             on
             his
             own
             head
             ,
             and
             is
             a
             plain
             deceiving
             of
             the
             King.
             There
             is
             a
             Letter
             ,
             which
             Answer
             is
             made
             to
             ;
             but
             ,
             if
             their
             Lordships
             recall
             to
             Memory
             what
             the
             Letter
             was
             ,
             it
             was
             as
             just
             as
             could
             be
             ,
             to
             take
             a
             course
             for
             Preemption
             of
             Tobacco
             ;
             no
             ,
             they
             afterwards
             enter
             into
             Consultation
             ,
             and
             Advice
             ,
             what
             should
             be
             done
             :
             And
             ,
             What
             do
             they
             ?
             They
             lay
             a
             Restraint
             that
             no
             Man
             should
             Import
             unless
             they
             would
             Sell
             unto
             my
             Lord
             of
             Strafford
             ,
             at
             his
             Rate
             ,
             and
             so
             it
             is
             executed
             to
             Tyranny
             over
             the
             People
             .
          
           
             There
             is
             another
             thing
             my
             Lord
             Insists
             on
             :
             Is
             the
             making
             of
             a
             good
             Bargain
             Treason
             ?
             But
             ,
             out
             of
             the
             making
             of
             this
             Bargain
             ,
             if
             their
             Lordships
             well
             consider
             it
             ,
             They
             shall
             find
             a
             double
             Treason
             to
             result
             ;
             First
             ,
             Exercising
             an
             Arbitrary
             Power
             ,
             by
             laying
             what
             Tax
             he
             will
             ,
             for
             he
             may
             lay
             19
             Shillings
             as
             well
             as
             6d.
             Secondly
             .
             His
             depriving
             the
             King
             of
             His
             Estate
             ,
             under
             Colour
             of
             Advancing
             His
             Revenue
             ,
             which
             is
             to
             deprive
             the
             King
             of
             His
             Government
             :
             For
             ,
             if
             one
             takes
             away
             my
             meanes
             of
             Livelihood
             ,
             and
             defence
             against
             an
             Enemy
             ,
             it
             is
             a
             killing
             of
             me
             round
             about
             ,
             though
             it
             were
             a
             more
             immediate
             killing
             of
             me
             to
             run
             me
             through
             .
          
           
             If
             he
             take
             away
             the
             Kings
             Livelihood
             and
             Just
             Revenue
             ,
             whereby
             He
             is
             enabled
             to
             Govern
             and
             Protect
             His
             People
             ,
             Is
             it
             not
             to
             take
             away
             the
             Government
             out
             of
             His
             Hand
             ?
          
           
             And
             one
             word
             Mr.
             Glyn
             desired
             to
             add
             from
             something
             that
             fell
             from
             my
             Lord
             of
             Strafford
             ,
             by
             way
             of
             Prevention
             ,
             concerning
             the
             Parliament
             of
             Ireland
             :
             We
             live
             under
             one
             King
             ,
             and
             one
             Government
             ,
             and
             no
             doubt
             ought
             to
             be
             sensible
             of
             one
             anothers
             Honour
             ,
             the
             Parliament
             of
             England
             ,
             and
             the
             Parliament
             of
             Ireland
             .
          
           
           
             Here
             is
             an
             Article
             against
             my
             Lord
             of
             Strafford
             ,
             for
             endeavouring
             to
             put
             Him
             out
             of
             Opinion
             of
             Parliaments
             :
             In
             this
             Assembly
             ,
             where
             the
             Commons
             and
             Peers
             are
             Assembled
             he
             hath
             endeavoured
             to
             blast
             a
             Parliament
             :
             In
             the
             next
             Kingdom
             he
             talkes
             of
             a
             Tyrannical
             Government
             ,
             an
             Arbitrary
             Power
             :
             (
             these
             were
             his
             Words
             in
             effect
             )
             Is
             not
             this
             as
             much
             as
             in
             his
             Power
             to
             cast
             a
             Blast
             and
             Ill
             Affection
             (
             in
             any
             Man
             that
             hears
             him
             )
             on
             the
             Parliament
             of
             Ireland
             ?
             And
             he
             that
             will
             do
             it
             in
             the
             presence
             of
             a
             Parliament
             ,
             in
             England
             ,
             What
             will
             he
             do
             of
             a
             Parliament
             of
             this
             Kingdom
             ,
             in
             the
             absence
             of
             a
             Parliament
             ,
             and
             when
             there
             is
             no
             Parliament
             Sitting
             ?
          
           
             
               And
               so
               Concluded
               the
            
             Twelfth
             Article
             ,
             
               and
               the
               House
               was
            
             ADJOURNED
             .
          
           
           
           
             THE
             Thirteenth
             Article
             .
             
               The
               Charge
            
             ,
          
           
             13.
             
             THat
             Flax
             being
             one
             of
             the
             principal
             and
             Native
             Commodities
             of
             that
             Kingdom
             of
             Ireland
             ,
             the
             said
             Earl
             having
             gotten
             Great
             
             Quantities
             thereof
             into
             his
             Hands
             ,
             and
             growing
             on
             his
             own
             Lands
             ,
             did
             Issue
             out
             several
             
               Proclamations
               ,
               viz.
            
             The
             one
             Dated
             the
             One
             and
             Thirtieth
             of
             May
             ,
             in
             the
             Twelfth
             of
             His
             Majesties
             Reign
             ;
             and
             the
             other
             Dated
             the
             One
             and
             Thirtieth
             day
             of
             January
             ,
             in
             the
             same
             Year
             ;
             Thereby
             prescribing
             and
             enjoyning
             the
             Working
             of
             Flax
             into
             Yarn
             and
             Thread
             ,
             and
             the
             ordering
             of
             the
             same
             in
             such
             wayes
             ,
             wherein
             the
             Natives
             of
             that
             Kingdom
             were
             unpractised
             and
             unskilful
             :
             Which
             Proclamations
             so
             Issued
             ,
             were
             ,
             by
             his
             Commands
             and
             Warrants
             to
             His
             Majesties
             
               Justices
               of
               Peace
            
             ,
             and
             other
             Officers
             ,
             and
             ,
             by
             other
             Rigorous
             Meanes
             put
             in
             Execution
             ;
             and
             the
             Flax
             Wrought
             ,
             or
             ordered
             in
             other
             manner
             then
             as
             the
             said
             Proclamation
             prescribed
             ,
             was
             Seized
             and
             employed
             to
             the
             Use
             of
             him
             and
             his
             Agents
             :
             and
             thereby
             the
             said
             Earl
             endeavoured
             to
             gain
             ,
             and
             did
             gain
             in
             effect
             the
             Sole
             Sale
             of
             that
             Native
             Commodity
             .
          
        
         
           
             April
             1.
             1641.
             
          
           
             THe
             Thirteenth
             Article
             was
             this
             Day
             Read
             and
             Opened
             by
             Mr.
             Maynard
             ,
             concerning
             Flax
             ,
             one
             of
             the
             
               Native
               Commodities
            
             of
             the
             Kingdom
             ,
             which
             my
             Lord
             of
             Strafford
             ,
             by
             several
             Proclamations
             ,
             enjoyned
             the
             Natives
             to
             work
             into
             Yarn
             ,
             in
             a
             way
             wherein
             they
             were
             Unskilful
             ;
             and
             Prohibited
             the
             Buying
             of
             any
             Yarn
             of
             this
             Flax
             otherwise
             made
             ;
             and
             upon
             this
             occasion
             ,
             much
             was
             Seized
             :
             So
             that
             by
             the
             Complaints
             of
             the
             Commons
             ,
             it
             appears
             ,
             that
             Thousands
             were
             Undone
             ,
             their
             Goods
             being
             taken
             away
             ,
             and
             Converted
             to
             my
             Lords
             Use.
             
          
           
             For
             Proofe
             ,
          
           
             The
             Second
             Proclamation
             of
             Deputy
             and
             Counsel
             was
             Read
             ;
             wherein
             the
             first
             is
             Recited
             ,
             Importing
             in
             effect
             ,
             That
             by
             reason
             of
             the
             multiplicity
             of
             ends
             in
             Yarne
             ,
             there
             is
             much
             confusion
             ;
             That
             for
             remedy
             ,
             a
             Proclamation
             
             Issued
             the
             last
             of
             May
             last
             ,
             which
             hath
             taken
             good
             effect
             :
             and
             ,
             in
             regard
             some
             ill-disposed
             persons
             have
             nevertheless
             contracted
             for
             Yarn
             at
             cheap
             and
             low
             rates
             ,
             though
             not
             made
             according
             to
             the
             first
             Proclamation
             ;
             That
             therefore
             the
             said
             first
             Proclamation
             be
             strictly
             observed
             ,
             and
             that
             none
             presume
             to
             buy
             any
             Linnen-Yarn
             ,
             but
             shall
             be
             Reeled
             on
             one
             end
             ,
             and
             no
             more
             ,
             &c.
             
             That
             if
             any
             person
             shall
             ,
             after
             the
             first
             of
             April
             next
             ,
             offend
             ,
             contrary
             to
             this
             Proclamation
             ,
             he
             shall
             be
             proceeded
             against
             at
             the
             Council
             Board
             ,
             or
             Castle
             Chamber
             :
             Some
             are
             appointed
             to
             enquire
             of
             Contempts
             ,
             to
             whom
             Recompence
             is
             promised
             .
             Given
             ,
             &c.
             
             31
             Ian.
             12
             Car.
             1638.
             
          
           
             The
             Natives
             not
             being
             able
             to
             apply
             themselves
             to
             his
             Commands
             ,
             a
             Warrant
             went
             to
             Seize
             the
             Goods
             ,
             made
             ,
             or
             brought
             contrary
             to
             this
             Proclamation
             ;
             so
             that
             People
             forbore
             the
             Markets
             ,
             durst
             not
             sell
             none
             openly
             ,
             and
             so
             could
             not
             pay
             their
             Rents
             .
          
           
             The
             Warrant
             was
             produced
             under
             my
             Lord
             of
             Straffords
             Hand
             and
             Seale
             ,
             which
             his
             Lordship
             affirmed
             ,
             being
             in
             effect
             ,
          
           
             
               
                 
                   
                     By
                     the
                     Lord
                     Deputy
                     Wentworth
                     .
                  
                   
                     
                       TO
                       all
                       Iustices
                       of
                       the
                       Peace
                       ,
                    
                     &c.
                     
                     Whereas
                     Benjamin
                     Croky
                     
                       is
                       Authorized
                       to
                       inform
                       himself
                       ,
                       and
                       advertise
                       the
                       State
                       ,
                       of
                       Abuses
                       and
                       Contempts
                       committed
                       and
                       done
                       ,
                       against
                       a
                       Proclamation
                       made
                       for
                       Reformation
                       of
                       the
                       Abuse
                       of
                       Spinsters
                       of
                    
                     Linnen
                     Yarn
                     ,
                     
                       and
                       to
                       stay
                       all
                    
                     Yarn
                     
                       made
                       contrary
                    
                     ,
                     &c.
                     
                       till
                       Our
                       pleasure
                       be
                       further
                       known
                       :
                       And
                       whereas
                       he
                       now
                       informs
                       us
                       ,
                       he
                       cannot
                       discharge
                       that
                       Trust
                       ,
                       in
                       regard
                       diverse
                       persons
                       do
                       privily
                       ,
                       in
                       their
                       own
                       Houses
                       ,
                       and
                       not
                       in
                       open
                       Markets
                       ,
                       make
                       Sale
                       of
                       their
                    
                     Yarn
                     ;
                     
                       and
                       though
                       he
                       hath
                       desired
                       Assistance
                       of
                       Publick
                       Magistrates
                       ,
                       yet
                       they
                       have
                       failed
                       to
                       afford
                       him
                       the
                       same
                       ,
                       in
                       that
                       measure
                       that
                       is
                       fitting
                       :
                       In
                       consideration
                       whereof
                       our
                       pleasure
                       is
                       ,
                       and
                       we
                       do
                       hereby
                       require
                       and
                       authorize
                       you
                       ,
                       to
                       be
                       aiding
                       and
                       assisting
                       to
                    
                     Benjamin
                     Croky
                     
                       and
                       his
                       Deputy
                       ,
                       To
                       seize
                       on
                       ,
                       and
                       take
                       all
                    
                     Yarn
                     
                       which
                       shall
                       be
                       found
                       to
                       be
                       made
                       contrary
                       to
                       the
                       said
                       Proclamation
                       ,
                       and
                       to
                       cause
                       diligent
                       search
                       to
                       be
                       made
                       in
                       all
                       Houses
                       ,
                    
                     &c.
                     
                       where
                       you
                       shall
                       be
                       informed
                       any
                       such
                       Remaines
                       lie
                       hidden
                       ,
                       and
                       the
                       same
                       to
                       seize
                       and
                       bring
                       to
                    
                     Dublin
                     ,
                     
                       to
                       be
                       disposed
                       of
                       ,
                       as
                       We
                       shall
                       direct
                       the
                       Party
                       delivering
                       it
                       ,
                       taking
                    
                     Crokies
                     
                       hand
                       for
                       Receipt
                       thereof
                    
                     ,
                     &c.
                     
                  
                
              
            
          
           
             To
             prove
             Execution
             of
             it
             .
          
           
             
               Benjamin
               Croky
            
             Sworn
             ,
             was
             Interrogated
             ,
             Whether
             he
             ,
             by
             vertue
             
             hereof
             ,
             hath
             Seized
             any
             Yarn
             ,
             and
             how
             much
             ?
             and
             how
             it
             was
             disposed
             of
             ?
          
           
             He
             Answered
             ,
             That
             his
             Deputy
             did
             Seize
             Yarn
             ,
             and
             it
             was
             taken
             from
             him
             by
             means
             of
             
               Ioseph
               Carpenter
            
             the
             Steward
             ,
             who
             received
             the
             Yarn
             into
             his
             Custody
             ,
             and
             converted
             it
             into
             my
             Lords
             Loomes
             .
             He
             doth
             not
             know
             what
             quantities
             ,
             but
             it
             was
             a
             great
             parcel
             ;
             And
             ,
             he
             thinks
             ,
             it
             was
             to
             Carpenters
             use
             ,
             but
             most
             part
             of
             it
             unto
             my
             Lords
             .
             Further
             ,
             this
             Steward
             did
             employ
             
               Iohn
               Townesend
            
             to
             buy
             Yarn
             ,
             contrary
             to
             the
             Proclamation
             ;
             
             He
             also
             imployed
             others
             to
             Buy
             some
             for
             my
             Lords
             use
             and
             his
             own
             .
             This
             he
             knowes
             .
          
           
             Sir
             
               Iohn
               Clotworthy
            
             Interrogated
             ,
             What
             he
             hath
             known
             done
             in
             Execution
             of
             these
             Commands
             ,
             being
             a
             Justice
             of
             Peace
             ?
             
          
           
             He
             Answered
             ,
             That
             he
             had
             formerly
             heard
             of
             this
             Proclamation
             ;
             and
             another
             Dated
             in
             May
             ,
             concerning
             the
             Yarn
             business
             ,
             That
             there
             was
             this
             same
             ,
             or
             the
             Copy
             of
             this
             same
             Warrant
             ,
             under
             my
             Lord
             Deputies
             Hand
             ,
             brought
             to
             him
             ,
             being
             a
             Justice
             of
             Peace
             ;
             and
             he
             required
             to
             give
             Assistance
             in
             it
             :
             That
             he
             sent
             for
             the
             People
             that
             had
             been
             Distressed
             in
             the
             business
             ,
             and
             likewise
             the
             Party
             employed
             by
             this
             Crooky
             ,
             and
             one
             White
             named
             in
             the
             Proclamation
             ,
             to
             know
             ,
             by
             what
             Authority
             they
             put
             this
             in
             Execution
             ?
             Thereupon
             they
             produced
             both
             the
             Proclamation
             and
             this
             Warrant
             .
          
           
             That
             he
             conceived
             ,
             there
             was
             an
             Extrajudicial
             proceeding
             in
             it
             ,
             and
             therefore
             took
             Examination
             of
             it
             ;
             and
             found
             ,
             in
             the
             putting
             of
             the
             thing
             in
             Execution
             ,
             That
             whereas
             there
             was
             a
             Clause
             in
             the
             Proclamation
             ,
             
               They
               should
               Seize
               on
               all
            
             Yarne
             ,
             
               that
               was
               not
               an
               Hundred
               Threads
               every
               Skean
               ,
               and
               should
               Seize
               on
               it
               when
               they
               found
               it
               short
               of
               this
               .
            
          
           
             That
             having
             taken
             the
             Examinations
             ,
             he
             sent
             them
             up
             to
             my
             Lord
             Deputy
             (
             they
             being
             now
             out
             of
             his
             head
             )
             with
             a
             Letter
             ,
             Declaring
             the
             
               Abuse
               of
               the
               Business
            
             :
             That
             he
             heard
             nothing
             in
             Return
             of
             the
             Business
             ;
             but
             was
             Severely
             Threatned
             ;
             and
             received
             a
             Letter
             from
             Mr.
             Secretary
             Little
             ,
             then
             my
             Lord
             Lieutenants
             
               Secretary
               :
               That
               it
               was
               very
               ill
               taken
               ,
               that
               he
               interposed
               in
               any
               thing
               ,
               wherein
               my
               Lord
               was
               concerned
               :
            
             And
             my
             Lord
             Rainalaugh
             had
             much
             adoe
             to
             keep
             off
             a
             Serjeant
             at
             Armes
             to
             be
             sent
             for
             him
             .
          
           
             My
             Lord
             of
             Strafford
             desired
             the
             Letter
             might
             be
             shown
             :
             But
             ,
             Sir
             
             Iohn
             Answered
             ,
             That
             it
             was
             Written
             four
             or
             five
             years
             agoe
             ,
             and
             he
             did
             not
             keep
             it
             ;
             but
             ,
             if
             Mr.
             Secretary
             Little
             be
             Interrogated
             ,
             he
             doubts
             not
             but
             he
             will
             Acknowledge
             it
             .
          
           
             Lord
             Rainalaugh
             being
             Interrogated
             to
             the
             same
             effect
             ?
             
          
           
             He
             Answered
             ,
             It
             is
             true
             ,
             he
             was
             at
             Dublin
             when
             some
             Information
             had
             been
             given
             of
             Sir
             
               Iohn
               Clotworthy
            
             ,
             for
             something
             had
             been
             done
             in
             the
             Yarne
             business
             ,
             and
             that
             he
             apply'd
             himself
             to
             Sir
             
               George
               Ratcliffe
            
             ,
             to
             desire
             him
             to
             preserve
             Sir
             George
             from
             an
             ill
             Office
             ,
             and
             Sir
             George
             moved
             in
             it
             accordingly
             ,
             so
             that
             Sir
             Iohn
             escaped
             trouble
             at
             that
             time
             :
             For
             the
             Execution
             of
             the
             Warrant
             about
             the
             Flax
             ,
             that
             he
             knows
             is
             this
             White
             ,
             or
             his
             Fellow
             ,
             or
             one
             of
             them
             ,
             he
             knows
             not
             whether
             ;
             but
             ,
             he
             coming
             to
             the
             Fair
             of
             Athlone
             (
             where
             the
             Lord
             Rainalaughs
             Residence
             is
             )
             gave
             a
             Deputation
             to
             
               Iohn
               Dennis
            
             ,
             a
             Soldier
             of
             my
             Lord
             Wilmots
             ;
             and
             ,
             that
             within
             little
             time
             after
             ,
             several
             Complaints
             were
             brought
             to
             him
             ,
             as
             well
             by
             some
             of
             the
             Townsmen
             of
             Athlone
             ,
             or
             divers
             of
             the
             
             Countrey
             ,
             that
             this
             Dennis
             had
             seized
             on
             a
             great
             deal
             of
             Yarne
             in
             the
             Shops
             in
             the
             Town
             ,
             and
             abroad
             in
             the
             Countrey
             .
          
           
             That
             he
             sent
             for
             the
             Soldier
             ,
             and
             Asked
             him
             ,
             By
             what
             Authority
             he
             did
             so
             ?
             who
             thereupon
             shewed
             the
             Proclamation
             ,
             a
             Warrant
             from
             my
             Lord
             Deputy
             ,
             and
             such
             a
             kind
             of
             Warrant
             as
             this
             ;
             (
             whether
             a
             Warrant
             ,
             or
             a
             Copy
             ,
             he
             cannot
             say
             )
             :
             That
             he
             Examined
             what
             proportion
             of
             Yarn
             he
             had
             taken
             ;
             and
             ,
             he
             told
             the
             Lord
             Rainalaugh
             ,
             he
             had
             as
             much
             as
             a
             Cart
             could
             carry
             :
             Asking
             him
             what
             he
             would
             do
             with
             it
             ?
             the
             said
             Dennis
             answered
             ,
             He
             would
             carry
             it
             to
             Dublin
             :
             And
             he
             asking
             him
             farther
             ,
             What
             he
             would
             do
             with
             it
             there
             ?
             He
             told
             him
             (
             the
             Lord
             Rainalaugh
             )
             he
             had
             direction
             to
             deliver
             it
             to
             Mr.
             Carpenter
             ,
             my
             Lord
             Deputies
             Steward
             :
             That
             he
             ,
             the
             Lord
             Rainalaugh
             ,
             medled
             not
             with
             it
             ,
             but
             thereupon
             posted
             a
             Gentleman
             to
             Dublin
             ,
             that
             had
             ready
             Access
             to
             the
             Deputy
             ,
             and
             told
             him
             the
             Complaints
             ,
             and
             this
             abuse
             ,
             by
             Execution
             of
             that
             Warrant
             :
             and
             ,
             that
             though
             it
             was
             not
             agreeable
             to
             my
             Lord
             of
             Straffords
             intentions
             (
             he
             conceived
             )
             to
             have
             them
             used
             ,
             he
             thought
             fit
             to
             Represent
             them
             :
             Thereupon
             ,
             He
             the
             Lord
             Rainalaugh
             went
             to
             Dublin
             .
          
           
             Sir
             
               Iohn
               Clotworthy
            
             being
             Interrogated
             ,
             what
             he
             knows
             about
             breaking
             
             open
             of
             Chests
             ,
             for
             finding
             of
             Flax
             ,
             or
             any
             thing
             of
             that
             Nature
             .
          
           
             He
             Answered
             ,
             That
             (
             as
             it
             hath
             been
             laid
             open
             )
             immediately
             on
             the
             Issuing
             of
             these
             Proclamations
             ,
             and
             these
             Mens
             going
             abroad
             .
             The
             Markets
             were
             deserted
             ,
             and
             little
             came
             to
             the
             Markets
             at
             all
             ,
             though
             it
             were
             the
             most
             Native
             Commodity
             of
             the
             Kingdom
             ,
             and
             paid
             most
             part
             of
             the
             
             May-Rents
             ;
             For
             ,
             it
             is
             That
             the
             Women
             work
             on
             all
             the
             Winter-Season
             :
             And
             ,
             when
             the
             Markets
             were
             deserted
             ,
             people
             were
             fain
             to
             bring
             their
             Yarn
             into
             houses
             ,
             and
             sell
             it
             under
             shelter
             ,
             where
             they
             might
             not
             be
             seen
             ,
             nor
             these
             Fellows
             Seize
             on
             it
             ;
             That
             thereupon
             these
             Men
             would
             come
             to
             Justices
             of
             Peace
             ,
             and
             Officers
             ,
             and
             they
             came
             to
             Sir
             Iohn
             himself
             ,
             and
             though
             he
             would
             not
             assist
             ,
             they
             would
             threaten
             the
             Constables
             ,
             and
             break
             open
             Chests
             ,
             and
             thereupon
             he
             the
             said
             Sir
             
               Iohn
               Clotworthy
            
             took
             away
             Yarn
             from
             them
             ,
             and
             restored
             it
             to
             the
             Proprietors
             .
             This
             was
             done
             in
             the
             Town
             and
             County
             of
             Antrim
             :
             that
             he
             cannot
             tell
             how
             long
             it
             is
             since
             ;
             but
             ,
             it
             was
             in
             pursuance
             of
             this
             Proclamation
             and
             Warrant
             .
          
           
             Being
             Asked
             ,
             Whether
             the
             People
             were
             not
             ready
             to
             rise
             in
             Tumults
             and
             Uproares
             ,
             where
             these
             were
             Executed
             ?
          
           
             He
             Answered
             ,
             That
             it
             made
             very
             great
             Disorder
             ,
             and
             great
             Reason
             for
             it
             ;
             for
             ,
             they
             took
             away
             all
             they
             had
             provided
             for
             their
             Half
             years
             Rent
             ,
             and
             many
             people
             ,
             even
             Multitudes
             ,
             starved
             .
          
           
             Lord
             Rainalaugh
             being
             Interrogated
             the
             time
             ,
             Answered
             ,
             He
             could
             not
             
             tell
             the
             certain
             time
             ;
             but
             ,
             my
             Lord
             of
             Strafford
             did
             withdraw
             it
             himself
             .
          
           
           
             
               Patrick
               Gough
            
             being
             Interrogated
             ,
             Where
             he
             had
             the
             Remonstrance
             of
             the
             House
             of
             Commons
             ?
             
          
           
             He
             Answered
             ,
             It
             was
             delivered
             him
             the
             25
             th
             of
             February
             ,
             in
             the
             Commons
             House
             of
             Parliament
             in
             Ireland
             ,
             the
             whole
             House
             Sitting
             :
             to
             be
             transmitted
             to
             the
             Committee
             for
             Irish
             Affaires
             here
             ,
             with
             many
             other
             things
             .
          
           
             Which
             Remonstrance
             was
             Read
             ,
             being
             ,
             in
             effect
             ,
             the
             most
             
               Lamentable
               Complaint
            
             of
             the
             
               Knights
               ,
               Citizens
            
             and
             Burgesses
             chosen
             for
             the
             Provinces
             of
             Conaught
             ,
             and
             Ulster
             ,
             touching
             that
             most
             
               Cruel
               Extortion
            
             ,
             or
             rather
             Robbery
             committed
             by
             a
             Company
             of
             Pursivants
             ,
             sent
             abroad
             to
             Seize
             Yarne
             ,
             by
             Colour
             of
             divers
             Proclamations
             by
             the
             Lord
             Deputy
             ,
             Ianuary
             and
             May
             ,
             1636.
             
          
           
             I.
             
               THe
               said
            
             Pursivants
             
               came
               into
               all
               the
               Publick
               Markets
               ,
               and
               seized
               on
               all
               the
            
             Linnen-Yarne
             and
             Clothing
             ,
             
               by
               which
               the
               Markets
               were
               destroyed
               .
            
          
           
             II.
             
               The
               Merchant
               was
               forced
               to
               meet
               the
               People
               at
               their
               private
               Houses
               ;
               which
               they
               understanding
               ,
               way-layed
               the
               People
               ,
               and
               took
               away
               their
            
             Yarne
             ,
             and
             Cloth
             ,
             
               and
               seized
               on
               what
               the
               Merchants
               had
               bought
               .
            
          
           
             III.
             
               When
               any
               came
               to
               the
               Markets
               ,
               they
               went
               to
               the
               Houses
               of
               poor
               people
               ,
               and
               took
               up
               the
               Hutches
               where
               their
               Cloth
               lay
               ,
               and
               seized
               on
               all
               ,
               leaving
               not
               so
               much
               as
               to
               cover
               their
               Nakedness
               .
            
          
           
             IV.
             
               They
               took
               away
               all
               the
               poor
               peoples
            
             Iron
             Pots
             ,
             
               on
               pretence
               of
               another
            
             Proclamation
             ,
             
               so
               that
               on
               this
               great
               Cruelty
               ,
               which
               exceeded
            
             Pharoes
             ,
             
               the
               poor
               Children
               were
               forced
               to
               go
               into
               the
               Fields
               ,
               to
               eat
               Grass
               with
               the
               Beasts
               of
               the
               Field
               ,
               where
               they
               lay
               down
               and
               died
               by
               Thousands
               ;
               If
               it
               be
               deny'd
               ,
               it
               will
               be
               proved
               by
               Twenty
               Thousand
               :
               and
               the
               Iudges
               of
               Assize
               ,
            
             &c.
             
               procured
               my
               Lord
               Lieutenant
               to
               Recall
               all
               the
               foresaid
            
             Proclamations
             .
          
           
             Mr.
             Fitzgarret
             being
             Interrogated
             ,
             as
             to
             the
             Value
             of
             this
             Commodity
             ,
             
             to
             the
             Kingdom
             of
             Ireland
             ?
          
           
             He
             Answered
             ,
             That
             he
             hath
             known
             the
             Province
             of
             Ulster
             ,
             and
             had
             occasion
             to
             converse
             with
             the
             best
             of
             it
             for
             24
             years
             last
             past
             :
             That
             he
             was
             for
             8
             years
             imployed
             in
             the
             Circuit
             for
             these
             parts
             ,
             and
             observed
             ,
             the
             Natives
             made
             a
             very
             great
             Commodity
             of
             Yarne
             and
             Linnen-Cloth
             :
             That
             he
             may
             safely
             call
             it
             the
             Staple-Commodity
             of
             that
             part
             of
             the
             Kingdom
             ;
             That
             the
             Merchants
             buying
             their
             Yarne
             ,
             and
             transporting
             it
             to
             Lancaster
             ,
             it
             was
             a
             very
             great
             Commodity
             ,
             and
             many
             lived
             on
             it
             ;
             That
             the
             Proclamation
             and
             Execution
             of
             it
             (
             as
             he
             was
             informed
             by
             a
             man
             of
             very
             good
             rank
             )
             Impoverished
             the
             whole
             Province
             ,
             especially
             the
             
               Irish
               Natives
            
             ,
             of
             whom
             few
             have
             Lands
             or
             Estates
             ,
             but
             live
             as
             Tenants
             ;
             and
             the
             Lands
             there
             not
             yielding
             Wheat
             or
             Barley
             in
             abundance
             (
             as
             other
             Countries
             )
             they
             convert
             the
             best
             Lands
             to
             the
             sowing
             of
             Flax
             ,
             and
             make
             a
             very
             great
             Commodity
             of
             it
             ;
             That
             he
             had
             continual
             conference
             ,
             especially
             in
             Term-time
             ,
             with
             
             the
             best
             in
             those
             parts
             ,
             and
             especially
             Mr.
             
               Robert
               Braithwait
            
             ,
             Agent
             for
             my
             Lord
             of
             Essex
             ,
             and
             Dr.
             Cook
             ,
             of
             whose
             two
             Towns
             ,
             one
             is
             supported
             by
             this
             Commodity
             ,
             and
             Dr.
             Cook
             said
             ,
             there
             hath
             been
             a
             hundred
             pounds
             worth
             of
             Yarn
             in
             a
             day
             sold
             and
             bought
             in
             that
             place
             ,
             and
             by
             this
             means
             the
             Markets
             are
             wasted
             ,
             the
             People
             impoverished
             ,
             and
             that
             he
             the
             said
             Dr.
             Cook
             thinks
             in
             his
             Conscience
             ,
             many
             thousands
             are
             famished
             by
             the
             scarcity
             of
             Money
             that
             ensued
             on
             the
             seizing
             of
             this
             ;
             and
             the
             extremity
             was
             such
             ,
             that
             one
             of
             the
             Deputies
             of
             those
             mens
             authorising
             ,
             went
             into
             the
             house
             of
             a
             Scotchman
             in
             the
             parts
             of
             Ulster
             (
             himself
             being
             in
             England
             or
             Scotland
             )
             would
             open
             the
             Chests
             ,
             and
             used
             such
             cruelty
             ,
             that
             they
             thrust
             a
             stick
             into
             the
             Womans
             throat
             ,
             and
             she
             died
             of
             it
             ,
             and
             the
             man
             was
             tried
             for
             it
             ,
             as
             he
             was
             informed
             .
          
           
             And
             so
             Mr.
             Maynard
             concluded
             the
             Charge
             ,
             supposing
             it
             to
             be
             
             sufficiently
             proved
             .
          
           
             After
             a
             little
             respite
             ,
             my
             Lord
             of
             Strafford
             made
             his
             defence
             in
             substance
             as
             followeth
             .
          
           
             That
             in
             this
             Charge
             ,
             he
             hears
             something
             tending
             to
             Oppression
             ,
             but
             nothing
             at
             all
             towards
             Treason
             ,
             for
             which
             he
             is
             only
             to
             answer
             .
          
           
             That
             the
             intention
             of
             these
             Proclamations
             touching
             Yarn
             ,
             was
             certainly
             very
             good
             ,
             and
             he
             thinks
             the
             power
             very
             lawfully
             executed
             ,
             being
             but
             temporary
             ,
             to
             take
             away
             an
             abuse
             ,
             and
             make
             it
             better
             for
             the
             Common-wealth
             .
          
           
             That
             he
             conceives
             not
             ,
             how
             these
             Proclamations
             should
             be
             particularly
             laid
             on
             him
             ,
             for
             he
             hath
             very
             good
             company
             goes
             along
             with
             him
             ,
             being
             set
             out
             by
             the
             Deputies
             and
             Council
             ,
             and
             affixed
             to
             them
             the
             Hands
             of
             my
             Lord
             Loftus
             ,
             the
             Lord
             Primate
             ,
             the
             Archbishop
             of
             Dublin
             ,
             Earl
             of
             Ormond
             ,
             Lord
             Dillon
             ,
             Sir
             
               Adam
               Loftus
            
             ,
             the
             two
             Chief
             Justices
             ,
             and
             others
             :
             That
             he
             had
             rather
             answer
             all
             ,
             than
             impute
             any
             thing
             to
             any
             body
             else
             ,
             but
             he
             believes
             their
             Lordships
             will
             conceive
             he
             is
             not
             particularly
             answerable
             ,
             for
             things
             done
             by
             the
             advice
             of
             the
             Council
             ,
             as
             for
             the
             best
             .
          
           
             That
             he
             conceives
             they
             had
             power
             to
             issue
             these
             Proclamations
             ,
             as
             in
             other
             things
             was
             frequent
             ,
             as
             in
             Drawing
             by
             the
             Horse
             tail
             ,
             burning
             the
             Straw
             ,
             and
             so
             taking
             the
             Corn
             from
             it
             ;
             to
             bring
             them
             from
             these
             Irish
             Customs
             to
             the
             English
             Manners
             :
             So
             in
             this
             ,
             that
             their
             winding
             of
             Thread
             might
             be
             brought
             off
             with
             more
             conveniency
             ,
             as
             being
             of
             so
             much
             more
             value
             ;
             for
             the
             unwinding
             was
             as
             much
             trouble
             as
             the
             thing
             was
             worth
             ,
             so
             that
             the
             authority
             was
             lawful
             ,
             and
             well
             executed
             in
             the
             granting
             of
             it
             .
          
           
             He
             craved
             leave
             to
             tell
             their
             Lordships
             wherefore
             it
             was
             ,
             being
             desirous
             to
             regulate
             this
             business
             more
             than
             any
             other
             thing
             whatsoever
             ;
             And
             it
             was
             out
             of
             that
             Duty
             and
             Service
             he
             did
             ,
             and
             ever
             should
             owe
             to
             the
             English
             Nation
             ;
             however
             for
             the
             present
             ,
             he
             may
             not
             be
             thought
             one
             ,
             he
             had
             those
             affections
             ,
             and
             shall
             have
             to
             his
             death
             ,
             to
             wish
             the
             Kingdom
             all
             prosperity
             and
             happiness
             ,
             in
             all
             the
             parts
             of
             it
             .
          
           
             That
             at
             his
             coming
             over
             ,
             he
             did
             observe
             ,
             the
             Wooll
             of
             that
             Kingdom
             did
             increase
             very
             much
             ,
             that
             if
             it
             should
             there
             be
             wrought
             into
             Cloth
             ,
             it
             would
             be
             a
             very
             great
             prejudice
             in
             time
             to
             the
             Clothing
             trade
             of
             England
             ,
             and
             therefore
             he
             was
             willing
             ,
             as
             much
             as
             he
             might
             lawfully
             and
             fairly
             ,
             to
             
             discourage
             that
             Trade
             :
             That
             on
             the
             other
             side
             ,
             he
             was
             desirous
             to
             set
             up
             the
             trade
             of
             
               Linnen
               cloth
            
             ,
             which
             would
             be
             beneficial
             there
             ,
             and
             not
             prejudice
             the
             trade
             of
             England
             ;
             But
             it
             was
             extreamly
             to
             his
             loss
             ,
             for
             he
             says
             he
             lost
             3000
             l.
             and
             the
             Stewards
             Chamber
             being
             searched
             ,
             and
             it
             appearing
             so
             ,
             the
             Accounts
             were
             delivered
             back
             again
             ;
             so
             that
             he
             conceives
             they
             had
             lawful
             power
             so
             to
             do
             ,
             till
             a
             Law
             might
             make
             it
             more
             certain
             and
             setled
             ;
             and
             then
             he
             is
             answerable
             for
             nothing
             in
             all
             the
             rest
             ,
             because
             the
             execution
             was
             nothing
             to
             him
             ,
             and
             the
             abuses
             of
             the
             Officers
             he
             is
             not
             to
             answer
             for
             ,
             of
             whom
             Croky
             was
             the
             principal
             Executor
             ,
             and
             if
             there
             was
             an
             Offender
             ,
             he
             is
             the
             greatest
             Offender
             himself
             ,
             and
             my
             Lord
             Rainalaugh
             tells
             their
             Lordships
             plainly
             and
             truly
             ,
             that
             upon
             complaint
             of
             the
             ill
             execution
             of
             it
             ,
             it
             was
             absolutely
             recalled
             ,
             and
             that
             within
             two
             years
             :
             so
             if
             it
             were
             a
             fault
             ,
             he
             was
             not
             incorrigible
             ,
             but
             willing
             to
             amend
             it
             on
             the
             first
             notice
             .
          
           
             For
             the
             Warrant
             ,
             there
             is
             nothing
             proved
             of
             any
             thing
             amiss
             in
             him
             ,
             but
             it
             goes
             only
             to
             second
             the
             Proclamation
             ,
             and
             that
             there
             should
             be
             assistance
             in
             the
             due
             and
             just
             execution
             of
             it
             :
             only
             it
             says
             the
             Yarn
             shall
             be
             brought
             to
             Dublin
             ,
             there
             to
             be
             disposed
             of
             ,
             as
             he
             should
             direct
             ;
             but
             there
             is
             no
             proof
             of
             any
             brought
             to
             him
             ,
             only
             my
             Lord
             Rainalaugh
             mentions
             a
             Cart-load
             brought
             to
             Dublin
             ,
             as
             the
             fellow
             told
             him
             ;
             and
             Croky
             says
             ,
             some
             was
             brought
             to
             Dublin
             (
             but
             he
             knows
             not
             how
             much
             )
             and
             it
             was
             converted
             partly
             to
             his
             use
             ,
             partly
             to
             Carpenters
             ,
             but
             he
             is
             a
             single
             witness
             ;
             whereas
             my
             Lord
             Rainalaugh
             says
             ,
             there
             was
             taken
             at
             Athlone
             (
             as
             he
             was
             told
             )
             a
             Cart-load
             of
             Yarn
             ,
             and
             Sir
             
               Iohn
               Clotworthy
            
             says
             ,
             they
             starved
             by
             multitudes
             in
             Ulster
             ;
             my
             Lord
             of
             Strafford
             said
             ,
             he
             could
             not
             conceive
             how
             so
             little
             a
             quantity
             taken
             in
             Conaught
             ,
             should
             be
             an
             occasion
             of
             starving
             multitudes
             in
             Ulster
             ,
             nor
             the
             small
             quantities
             taken
             by
             Croky
             ,
             but
             if
             there
             were
             so
             many
             starved
             ,
             it
             must
             be
             occasioned
             by
             some
             other
             means
             than
             this
             .
          
           
             That
             his
             Looms
             should
             be
             an
             occasion
             of
             starving
             so
             many
             men
             ,
             he
             conceives
             very
             strange
             ,
             for
             in
             truth
             ,
             the
             value
             of
             Cloth
             made
             in
             those
             Looms
             in
             a
             year
             (
             which
             he
             left
             his
             Tenants
             to
             manage
             )
             was
             not
             ,
             as
             he
             remembers
             ,
             above
             16
             or
             1700
             l.
             and
             if
             their
             Lordships
             consider
             the
             value
             of
             the
             Yarn
             with
             the
             Labour
             ,
             they
             would
             wonder
             the
             making
             of
             such
             a
             quantity
             in
             a
             year
             should
             starve
             so
             many
             thousands
             .
          
           
             It
             is
             very
             true
             ,
             (
             he
             said
             )
             he
             's
             sorry
             for
             that
             Remonstrance
             ,
             read
             of
             the
             Commons
             House
             in
             Ireland
             ,
             thinking
             he
             had
             merited
             a
             better
             opinion
             in
             that
             ▪
             Kingdom
             ;
             but
             howsoever
             they
             have
             been
             informed
             ,
             he
             doubts
             not
             ,
             but
             when
             things
             are
             shewed
             them
             more
             clearly
             ,
             than
             they
             have
             been
             hitherto
             ,
             he
             shall
             have
             their
             good
             opinion
             still
             ;
             he
             never
             in
             truth
             ,
             doing
             or
             saying
             any
             thing
             in
             all
             his
             life
             ,
             but
             with
             very
             clear
             and
             faithful
             intentions
             to
             the
             good
             and
             prosperity
             of
             that
             Common-wealth
             and
             Kingdom
             ;
             his
             Lordship
             added
             ,
             That
             he
             had
             some
             little
             fortune
             amongst
             them
             ,
             not
             great
             indeed
             ,
             nothing
             near
             that
             which
             is
             reported
             ,
             hardly
             the
             fifth
             part
             ,
             but
             something
             he
             had
             there
             ,
             honestly
             and
             justly
             come
             by
             ,
             and
             for
             that
             reason
             he
             had
             cause
             to
             wish
             well
             to
             the
             Kingdom
             ;
             and
             it
             grieved
             him
             extreamly
             to
             hear
             such
             a
             Remonstrance
             read
             :
             there
             would
             be
             a
             time
             he
             hoped
             ,
             when
             he
             should
             have
             means
             to
             give
             them
             better
             satisfaction
             ;
             but
             it
             is
             but
             a
             charge
             ,
             and
             cannot
             (
             under
             favour
             )
             be
             the
             proof
             of
             a
             Charge
             ,
             being
             only
             received
             by
             information
             of
             witnesses
             ,
             and
             no
             Oath
             being
             given
             by
             the
             Commons-House
             ,
             he
             conceived
             it
             could
             not
             be
             made
             a
             proof
             against
             him
             ,
             but
             the
             truth
             of
             the
             Charge
             comes
             to
             be
             examined
             ;
             for
             the
             Remonstrance
             says
             ,
             that
             these
             things
             will
             be
             proved
             by
             20000.
             
             To
             which
             he
             can
             say
             nothing
             ,
             but
             that
             he
             is
             infinitely
             sorry
             ,
             he
             should
             be
             so
             mistaken
             
             in
             that
             Kingdom
             ,
             where
             (
             to
             his
             best
             understanding
             )
             his
             Conscience
             tells
             him
             he
             hath
             deserved
             very
             well
             (
             with
             modesty
             be
             it
             spoken
             ,
             his
             Lordship
             added
             )
             of
             them
             all
             ,
             and
             desired
             to
             do
             Justice
             amongst
             them
             ,
             and
             there
             would
             come
             a
             time
             when
             he
             should
             be
             better
             understood
             ,
             as
             well
             there
             ,
             as
             here
             he
             hoped
          
           
             For
             the
             testimony
             of
             Mr.
             Fitzgarret
             ,
             he
             speaks
             nothing
             of
             knowledge
             ,
             but
             what
             he
             hath
             been
             informed
             and
             heard
             ,
             and
             what
             hath
             been
             credibly
             reported
             to
             him
             ,
             and
             those
             are
             no
             proofs
             to
             be
             judicially
             taken
             ,
             as
             he
             conceived
             ,
             nothing
             being
             by
             Mr.
             Fitzgarret
             spoken
             ,
             but
             by
             report
             ;
             and
             their
             Lordships
             have
             heard
             this
             reported
             as
             well
             as
             he
             ,
             yet
             knew
             not
             whether
             it
             be
             true
             ,
             further
             than
             is
             proved
             .
          
           
             So
             he
             concluded
             where
             he
             began
             ,
             something
             may
             look
             like
             an
             oppression
             in
             them
             that
             did
             execute
             it
             ,
             but
             nothing
             as
             to
             himself
             and
             the
             rest
             of
             the
             Counsel
             ,
             who
             issued
             the
             Proclamation
             on
             just
             and
             warrantable
             grounds
             ,
             and
             according
             to
             that
             power
             they
             had
             from
             the
             King
             ,
             which
             he
             conceived
             was
             a
             full
             and
             clear
             acquittal
             of
             him
             (
             humbly
             submitting
             to
             their
             Lordships
             better
             Judgements
             )
             of
             this
             Article
             ,
             so
             far
             forth
             ,
             as
             it
             amounts
             in
             any
             kind
             ,
             to
             convince
             him
             of
             High
             Treason
             .
          
           
             To
             which
             Mr.
             Maynard
             made
             reply
             in
             substance
             as
             followeth
             ,
             
             And
             first
             he
             observed
             ,
          
           
             That
             my
             Lord
             of
             Strafford
             was
             still
             striking
             on
             the
             same
             string
             ,
             here
             (
             said
             he
             )
             is
             no
             Treason
             ,
             though
             something
             tending
             to
             oppression
             ,
             and
             so
             at
             this
             rate
             ,
             he
             can
             never
             want
             an
             answer
             :
             for
             if
             this
             be
             not
             (
             in
             this
             particular
             )
             as
             high
             and
             wilful
             an
             overthrow
             of
             the
             fundamental
             Rules
             and
             Justice
             of
             the
             Kingdom
             ,
             as
             can
             be
             imagined
             ,
             I
             appeal
             to
             your
             Lordships
             :
             and
             that
             is
             it
             wherewith
             he
             is
             charged
             ,
             not
             as
             if
             this
             singly
             would
             amount
             to
             Treason
             :
             And
          
           
             Whereas
             his
             Lordship
             says
             ,
             
               his
               intention
               was
               good
            
             ,
             if
             (
             when
             an
             oppression
             of
             High
             Justice
             is
             committed
             )
             it
             be
             enough
             to
             say
             ,
             
               he
               had
               a
               good
               intention
            
             ,
             it
             is
             a
             good
             defence
             to
             take
             away
             mens
             Goods
             ,
             and
             apply
             them
             to
             his
             own
             use
             ;
             and
             so
             this
             being
             practis'd
             by
             him
             universally
             ,
             on
             a
             whole
             Kingdom
             ,
             may
             be
             excused
             by
             a
             
               good
               intention
            
             :
             But
             God
             knows
             the
             heart
             ,
             your
             Lordships
             are
             Judges
             of
             his
             actions
             and
             oppressions
             .
             He
             says
             the
             Proclamation
             was
             a
             Temporary
             Law
             to
             take
             away
             Goods
             ,
             break
             open
             Houses
             ,
             forbid
             and
             annihilate
             Contracts
             ;
             this
             he
             says
             in
             the
             face
             of
             the
             Kingdom
             ;
             so
             that
             there
             cannot
             be
             better
             evidence
             given
             against
             him
             ,
             than
             comes
             from
             his
             own
             mouth
             :
             for
             that
             ,
             which
             is
             put
             upon
             him
             ,
             is
             ,
             That
             he
             would
             erect
             a
             Government
             that
             depends
             meerly
             upon
             Will
             ,
             and
             take
             away
             that
             which
             is
             obliged
             to
             Laws
             .
             To
             say
             a
             Proclamation
             is
             a
             Temporary
             Law
             ,
             is
             to
             make
             a
             Law
             ,
             as
             long
             as
             it
             pleases
             them
             that
             award
             the
             Proclamation
             to
             continue
             :
             for
             when
             shall
             it
             have
             an
             end
             ,
             but
             by
             the
             pleasure
             of
             them
             that
             send
             it
             forth
             ?
             He
             would
             excuse
             himself
             ,
             that
             he
             hath
             gone
             in
             good
             company
             :
             Did
             the
             Commons
             insist
             on
             this
             ,
             as
             a
             single
             misdemeanor
             ,
             my
             Lord
             might
             say
             ,
             he
             is
             not
             the
             only
             man
             that
             deserves
             punishment
             ,
             but
             he
             cannot
             say
             ,
             but
             that
             he
             is
             the
             Principal
             man
             ,
             and
             indeed
             ,
             and
             in
             effect
             the
             sole
             man
             ,
             as
             it
             will
             appear
             in
             the
             answer
             to
             the
             rest
             .
             They
             are
             too
             blame
             that
             follow
             his
             misguidance
             ,
             but
             he
             is
             not
             innocent
             that
             draws
             others
             into
             such
             actions
             with
             him
             .
          
           
             Mr.
             Maynard
             observed
             the
             nature
             of
             the
             Proclamation
             ,
             it
             was
             not
             to
             appoint
             a
             regulation
             ,
             but
             to
             take
             away
             the
             Subjects
             Goods
             ;
             neither
             
             giving
             them
             time
             to
             vend
             the
             Commodities
             in
             their
             hands
             ,
             nor
             to
             depart
             from
             that
             (
             if
             it
             were
             an
             ill
             usage
             )
             but
             forthwith
             ,
             as
             soon
             as
             the
             Proclamation
             was
             out
             ,
             the
             Goods
             must
             be
             seized
             ,
             because
             they
             did
             not
             doe
             the
             things
             they
             could
             not
             doe
             .
          
           
             He
             saith
             the
             Execution
             is
             nothing
             to
             himself
             ,
             but
             to
             his
             Agents
             .
             Surely
             ,
             he
             that
             will
             command
             unjust
             and
             evil
             things
             ,
             is
             not
             a
             whit
             less
             guilty
             ,
             because
             he
             hath
             Ministers
             ,
             that
             will
             apply
             themselves
             to
             his
             pleasure
             ,
             to
             execute
             unlawful
             Commands
             .
             He
             commands
             ,
             they
             execute
             it
             ;
             and
             when
             they
             had
             executed
             it
             ,
             they
             bring
             it
             to
             his
             Looms
             ,
             that
             is
             ,
             to
             his
             profit
             .
          
           
             He
             says
             it
             was
             recalled
             after
             two
             years
             or
             thereabouts
             ,
             but
             your
             Lordships
             may
             remember
             ,
             on
             what
             misfortune
             and
             cruelty
             it
             was
             recalled
             ,
             the
             tumults
             ,
             the
             stirs
             ,
             the
             oppressions
             it
             did
             produce
             :
             and
             his
             recalling
             it
             after
             two
             years
             ,
             makes
             him
             not
             innocent
             before
             ,
             when
             1000
             or
             2000
             or
             3000
             had
             perished
             by
             the
             oppression
             of
             it
             ;
             he
             was
             not
             innocent
             ,
             because
             10000
             or
             12000
             did
             not
             perish
             ;
             it
             was
             too
             long
             kept
             on
             foot
             ,
             and
             he
             that
             doth
             unlawful
             things
             in
             so
             great
             a
             measure
             ,
             is
             not
             to
             be
             excused
             ,
             because
             he
             cannot
             bring
             them
             wholly
             to
             pass
             .
             For
             that
             's
             all
             can
             be
             said
             ,
             He
             could
             go
             no
             further
             ,
             and
             therefore
             he
             leaves
             it
             off
             .
          
           
             He
             says
             ,
             his
             Warrant
             is
             not
             amiss
             ,
             but
             it
             is
             extreamly
             amiss
             ,
             for
             the
             Minister
             should
             advertise
             the
             State
             touching
             the
             Subjects
             Conformities
             ;
             but
             my
             Lord
             of
             Strafford
             will
             have
             them
             presently
             enter
             the
             House
             ,
             and
             seize
             the
             Goods
             :
             the
             Proclamation
             puts
             them
             on
             it
             ,
             but
             the
             Warrants
             command
             Justices
             of
             Peace
             ,
             and
             all
             Ministers
             of
             Justice
             ,
             to
             come
             in
             and
             countenance
             this
             cruelty
             ;
             and
             when
             they
             did
             not
             conform
             to
             it
             ,
             they
             had
             reproofs
             from
             my
             Lords
             servants
             .
             And
             if
             the
             point
             were
             only
             to
             produce
             witness
             ,
             that
             the
             Flax
             or
             Yarn
             came
             to
             my
             Lords
             own
             hands
             ,
             it
             might
             be
             despaired
             of
             ,
             but
             when
             the
             profit
             comes
             to
             his
             hands
             by
             his
             Agents
             ,
             and
             those
             set
             on
             work
             by
             him
             ,
             it
             is
             no
             excuse
             to
             say
             it
             was
             done
             by
             others
             .
          
           
             Mr.
             Maynard
             said
             further
             ,
             he
             wondred
             my
             Lord
             should
             say
             ,
             there
             was
             no
             proof
             ,
             when
             there
             were
             two
             express
             witnesses
             ;
             my
             Lord
             said
             ,
             he
             heard
             but
             of
             a
             Cart-load
             ,
             Mr.
             Maynard
             answered
             ,
             he
             heard
             not
             the
             word
             ,
             but
             he
             heard
             of
             about
             a
             Cart-load
             ,
             and
             could
             that
             starve
             1000
             men
             ?
             yet
             if
             a
             Cart-load
             be
             not
             sufficient
             to
             starve
             1000
             men
             ,
             if
             there
             be
             more
             than
             1000
             starved
             ,
             then
             more
             than
             a
             Cart-load
             was
             seized
             .
             At
             that
             time
             there
             came
             in
             but
             a
             Cart-load
             ,
             but
             there
             came
             in
             by
             good
             quantities
             ,
             when
             it
             came
             in
             by
             Cart-loads
             .
          
           
             He
             says
             the
             Remonstrance
             is
             but
             a
             charge
             ,
             but
             it
             comes
             in
             on
             good
             proof
             ,
             and
             it
             is
             concerning
             a
             whole
             Province
             ,
             and
             (
             as
             it
             is
             likely
             )
             they
             were
             there
             that
             knew
             of
             the
             miseries
             that
             befell
             the
             Provinces
             .
          
           
             Mr.
             Maynard
             further
             observed
             ,
             that
             heretofore
             in
             the
             matter
             of
             Tobacco
             he
             told
             your
             Lordships
             ,
             he
             had
             a
             command
             ;
             it
             was
             expected
             ,
             he
             would
             have
             produced
             something
             to
             the
             purpose
             now
             ,
             but
             God
             be
             thanked
             he
             hath
             not
             :
             he
             says
             Tobacco
             is
             a
             superfluous
             thing
             ,
             but
             these
             things
             that
             are
             for
             clothing
             are
             not
             superfluous
             ,
             and
             being
             he
             hath
             gone
             into
             this
             excess
             ,
             Mr.
             Maynard
             concluded
             with
             this
             ,
             that
             he
             must
             leave
             him
             to
             their
             Lordships
             Judgements
             ,
             for
             he
             had
             made
             an
             excuse
             ,
             tho
             that
             he
             said
             did
             not
             reach
             an
             excuse
             ,
          
           
             And
             whereas
             my
             Lord
             said
             ,
             the
             Cart-load
             of
             Yarn
             was
             taken
             in
             Conaught
             ,
             not
             in
             Ulster
             .
          
           
             Mr.
             Glin
             added
             that
             one
             thing
             was
             observable
             from
             my
             Lord
             of
             
             Strafford's
             own
             evidence
             ,
             which
             seemed
             to
             convince
             him
             of
             what
             he
             denied
             .
             
             He
             pretends
             this
             was
             for
             advancement
             of
             Trade
             ,
             not
             for
             his
             own
             use
             ,
             and
             that
             there
             was
             but
             1700
             l.
             worth
             made
             in
             a
             year
             ,
             but
             himself
             casting
             
             his
             Accompts
             says
             ,
             he
             lost
             3000
             l.
             so
             he
             owns
             it
             by
             the
             loss
             ,
             but
             not
             by
             the
             benefit
             ,
             which
             convinces
             the
             principal
             point
             himself
             denies
             .
          
           
             Here
             my
             Lord
             of
             Strafford
             desired
             leave
             to
             explain
             himself
             ,
             that
             (
             when
             he
             said
             he
             lost
             3000
             l.
             and
             1700
             l.
             a
             year
             made
             of
             it
             )
             he
             said
             he
             made
             Cloth
             there
             6
             or
             7
             years
             as
             hetook
             it
             ,
             and
             the
             Cloth
             it self
             ,
             not
             the
             Yarn
             ,
             was
             worth
             1700
             l.
             for
             the
             Yarn
             was
             not
             worth
             400
             l.
             and
             in
             that
             time
             he
             might
             very
             well
             loose
             3000
             l.
             
          
           
             
               And
               so
               the
            
             Thirteenth
             Article
             
               was
               concluded
               ,
               and
               the
            
             Fourteenth
             Article
             
               being
               for
               the
               present
               laid
               aside
               ,
               the
               Committee
               proceeded
               to
               the
            
             Fifteenth
             Article
             .
          
           
           
           
             THE
             Fifteenth
             Article
             .
             
               The
               Charge
            
             ,
          
           
             15.
             
             THat
             the
             said
             Earl
             of
             Strafford
             ,
             traiterously
             and
             wickedly
             devised
             and
             contrived
             by
             force
             of
             Arms
             ,
             and
             in
             a
             warlike
             manner
             to
             subdue
             the
             Subjects
             of
             the
             said
             Realm
             of
             Ireland
             ;
             and
             to
             bring
             them
             under
             his
             tyrannical
             Power
             and
             Will
             ,
             and
             in
             pursuance
             of
             these
             wicked
             and
             traiterous
             purposes
             aforesaid
             ;
             The
             said
             Earl
             of
             Strafford
             in
             the
             eighth
             year
             of
             His
             Majesties
             Reign
             ,
             did
             by
             his
             own
             authority
             ,
             without
             any
             Warrant
             or
             colour
             of
             Law
             ,
             Car
             ,
             and
             Impose
             great
             sums
             of
             Money
             upon
             the
             Towns
             of
             
               Baltemore
               ,
               Bandenbridge
               ,
               Talo'we
            
             ,
             and
             divers
             other
             Towns
             and
             places
             in
             the
             said
             Realm
             of
             Ireland
             ,
             and
             did
             cause
             the
             same
             to
             be
             levied
             upon
             the
             Inhabitants
             of
             those
             Towns
             by
             Troops
             of
             Soldiers
             ,
             with
             Force
             and
             Arms
             ,
             in
             a
             warlike
             manner
             .
             And
             on
             the
             Ninth
             day
             of
             March
             ,
             in
             the
             Twelfth
             year
             of
             His
             now
             Majesties
             Reign
             ,
             traiterously
             did
             give
             authority
             unto
             
               Robert
               Savill
            
             ,
             a
             Serjeant
             at
             Arms
             ,
             and
             to
             the
             Captains
             of
             the
             Companies
             of
             Soldiers
             ,
             in
             several
             parts
             of
             that
             Realm
             ,
             to
             send
             such
             numbers
             of
             Soldiers
             ,
             to
             lye
             on
             the
             Lands
             and
             Houses
             of
             such
             as
             would
             not
             conform
             to
             his
             Orders
             ,
             until
             they
             should
             render
             Obedience
             to
             his
             said
             Orders
             and
             Warrants
             ,
             and
             after
             such
             submission
             (
             and
             not
             before
             )
             the
             said
             Soldiers
             to
             return
             to
             their
             Garrisons
             .
             And
             did
             also
             issue
             the
             like
             Warrants
             unto
             divers
             others
             ,
             which
             Warrants
             were
             in
             Warlike
             manner
             with
             Force
             and
             Arms
             ,
             put
             in
             execution
             accordingly
             ,
             and
             by
             such
             Warlike
             means
             ,
             did
             force
             divers
             of
             His
             Majesties
             Subjects
             of
             that
             Realm
             ,
             to
             submit
             themselves
             to
             his
             unlawful
             commands
             .
          
           
             And
             in
             the
             said
             Twelfth
             year
             of
             His
             Majesties
             Reign
             ,
             the
             said
             Earl
             of
             Strafford
             did
             traiterously
             cause
             certain
             Troops
             of
             Horse
             and
             Foot
             ,
             Armed
             in
             Warlike
             manner
             ,
             and
             in
             Warlike
             array
             ,
             with
             Force
             and
             Arms
             ,
             to
             expell
             
               Richard
               Butler
            
             from
             the
             possession
             of
             the
             Mannor
             of
             Castle-Cumber
             ,
             in
             the
             Territory
             of
             Idough
             ,
             in
             the
             said
             Realm
             of
             Ireland
             ,
             and
             did
             likewise
             ,
             and
             in
             like
             Warlike
             manner
             ,
             expell
             divers
             of
             His
             Majesties
             Subjects
             from
             their
             Houses
             ,
             Families
             ,
             and
             Possessions
             ,
             as
             namely
             
               Edward
               O
               Brenman
               ,
               Owen
               Oberman
               ,
               John
               Brenman
               ,
               Patrick
               Oberman
               ,
            
             Sir
             
               Cyprian
               Horsefield
            
             ,
             and
             divers
             others
             ,
             to
             the
             number
             of
             about
             an
             hundred
             Families
             ,
             and
             took
             ,
             and
             imprisoned
             them
             and
             their
             Wives
             ,
             and
             carried
             them
             prisoners
             to
             Dublin
             ,
             and
             there
             detained
             until
             they
             did
             yield
             up
             ,
             surrender
             ,
             or
             release
             their
             respective
             Estates
             or
             Rights
             .
          
           
             And
             the
             said
             Earl
             in
             like
             manner
             ,
             hath
             ,
             during
             his
             Government
             of
             the
             said
             Kingdom
             of
             Ireland
             ,
             subdued
             divers
             others
             of
             His
             Majesties
             Subjects
             there
             to
             his
             Will
             ,
             and
             thereby
             ,
             and
             by
             the
             means
             aforesaid
             ,
             hath
             levied
             War
             within
             the
             said
             Realm
             ,
             against
             His
             Majesty
             ,
             and
             His
             Liege
             People
             of
             that
             Kingdom
             .
          
           
           
             Mr.
             Palmer
             proceeded
             to
             open
             the
             15th
             Article
             ,
             which
             concurred
             with
             the
             precedent
             in
             point
             of
             Evidence
             ,
             to
             make
             good
             the
             Charge
             of
             the
             Commons
             against
             the
             Lord
             of
             Strafford
             ,
             in
             point
             of
             High-Treason
             .
             The
             main
             Accusation
             being
             ,
             his
             labouring
             to
             subvert
             the
             established
             Laws
             and
             Government
             ,
             and
             instead
             of
             them
             ,
             to
             introduce
             an
             Arbitrary
             and
             Tyrannical
             Power
             .
          
           
             THAT
             this
             laid
             in
             the
             15
             th
             Article
             ,
             
             doth
             more
             than
             prove
             this
             Charge
             ,
             charging
             him
             with
             Acts
             of
             Force
             and
             Hostility
             ,
             which
             are
             not
             only
             an
             Evidence
             to
             
             prove
             his
             design
             ,
             but
             are
             actual
             subversions
             of
             Law
             ,
             and
             introducing
             of
             an
             arbitrary
             Power
             ,
             as
             their
             Lordships
             will
             perceive
             ,
             when
             they
             shall
             hear
             how
             he
             executed
             his
             Commands
             by
             Soldiers
             .
          
           
             And
             as
             this
             contributes
             with
             the
             rest
             in
             proof
             of
             the
             main
             Charge
             ,
             so
             he
             humbly
             offered
             ,
             that
             this
             Article
             ,
             singly
             and
             individually
             of
             it self
             ,
             contained
             a
             Charge
             of
             High
             Treason
             ,
             and
             that
             the
             nature
             of
             the
             offence
             would
             appear
             in
             the
             proofs
             of
             the
             Article
             .
          
           
             The
             Article
             is
             first
             general
             ,
             That
             he
             did
             traiterously
             devise
             ,
             to
             subdue
             the
             Subjects
             of
             the
             Realm
             of
             Ireland
             ,
             by
             force
             of
             Arms
             ,
             in
             a
             Warlike
             manner
             ,
             under
             his
             tyrannical
             Power
             and
             Will.
             
          
           
             In
             pursuance
             of
             these
             things
             that
             are
             charged
             in
             the
             Article
             ;
             the
             first
             they
             said
             ,
             they
             would
             pass
             over
             at
             that
             time
             ,
             and
             my
             Lord
             of
             Strafford
             also
             had
             notice
             ,
             that
             they
             intended
             to
             wave
             it
             for
             the
             present
             .
          
           
             The
             Second
             is
             ,
             that
             9
             March
             12.
             of
             the
             King
             ,
             he
             gave
             a
             Warrant
             to
             one
             Savill
             ,
             a
             Sergeant
             at
             Arms
             ,
             and
             to
             Captains
             and
             Soldiers
             of
             that
             Kingdom
             ,
             to
             Quarter
             on
             the
             Houses
             and
             Lands
             of
             such
             ,
             as
             would
             not
             conform
             to
             render
             Obedience
             to
             his
             Orders
             ,
             such
             number
             of
             Soldiers
             ,
             as
             the
             Sergeant
             at
             Arms
             should
             think
             fit
             ,
             according
             to
             the
             demerit
             of
             the
             Delinquents
             ,
             and
             to
             be
             kept
             there
             ,
             until
             they
             made
             submission
             ,
             and
             then
             to
             return
             ,
             and
             not
             before
             .
             And
             the
             like
             Warrants
             were
             issued
             to
             others
             ,
             and
             to
             the
             Subjects
             of
             that
             Realm
             ,
             who
             were
             forced
             to
             submit
             to
             his
             illegal
             Commands
             ,
             and
             this
             is
             charged
             to
             be
             a
             levying
             of
             War
             against
             the
             King
             ,
             and
             his
             People
             .
          
           
             Your
             Lordships
             may
             please
             to
             remember
             ,
             what
             a
             Power
             my
             Lord
             of
             Strafford
             had
             assumed
             to
             himself
             from
             the
             Courts
             of
             Justice
             established
             by
             Law
             ,
             in
             taking
             to
             himself
             an
             Arbitrary
             Power
             ,
             to
             determine
             Causes
             on
             
             Petitions
             ,
             and
             that
             without
             any
             legal
             Process
             .
             And
             he
             intended
             to
             himself
             ,
             an
             execution
             of
             these
             Orders
             in
             this
             manner
             .
             If
             a
             Petition
             was
             presented
             ,
             First
             a
             signification
             went
             to
             the
             Party
             ,
             that
             he
             should
             satisfie
             the
             complaint
             ,
             else
             shew
             cause
             ;
             if
             he
             did
             not
             appear
             ,
             then
             there
             went
             a
             Messenger
             ,
             or
             Pursivant
             ;
             on
             his
             Affidavit
             that
             the
             Party
             was
             not
             found
             (
             as
             well
             he
             might
             not
             be
             found
             )
             then
             an
             Attachment
             :
             after
             that
             ,
             the
             Sergeant
             at
             Arms.
             This
             Sergeant
             at
             Arms
             had
             always
             with
             him
             a
             Warrant
             dormant
             ,
             (
             not
             a
             particular
             Warrant
             in
             the
             Case
             complained
             of
             )
             that
             whensoever
             he
             should
             have
             an
             Order
             to
             fetch
             any
             man
             in
             (
             if
             once
             he
             had
             made
             Affidavit
             he
             could
             not
             be
             found
             )
             he
             was
             by
             virtue
             of
             that
             Warrant
             ,
             to
             repair
             to
             the
             next
             Garrison
             ,
             and
             there
             to
             take
             such
             numbers
             of
             Soldiers
             ,
             as
             he
             thought
             fit
             ,
             and
             quarter
             them
             on
             the
             House
             of
             the
             Party
             :
             and
             this
             was
             as
             ordinarily
             executed
             ,
             as
             any
             powers
             of
             Law
             in
             legal
             Cases
             .
          
           
             In
             the
             execution
             of
             this
             ,
             the
             Party
             suffered
             as
             much
             insolencie
             ,
             as
             is
             incident
             to
             War
             ;
             their
             Catel
             taken
             ,
             their
             Corn
             thrash'd
             out
             ,
             their
             growing
             Corn
             cut
             ,
             their
             Houses
             burnt
             ,
             and
             some
             exiled
             ,
             and
             forced
             to
             leave
             their
             Countrey
             ,
             and
             flie
             to
             remote
             places
             ,
             by
             reason
             of
             their
             Soldiers
             insolencies
             .
          
           
             The
             method
             propounded
             is
             ,
             First
             ,
             to
             prove
             the
             Fact
             :
             then
             to
             observe
             the
             nature
             of
             the
             offence
             ,
             both
             from
             the
             
               Stat.
               of
            
             25.
             
             Edw.
             3.
             and
             also
             from
             a
             particular
             Stat.
             in
             Ireland
             18
             H.
             6.
             whereby
             the
             Offendor
             in
             this
             very
             case
             ,
             is
             adjudged
             to
             be
             a
             Traytor
             .
          
           
             Mr.
             Savil
             the
             Sergeant
             at
             Arms
             produced
             and
             sworn
             ,
             and
             a
             Copy
             of
             his
             Warrant
             offered
             .
             My
             Lord
             of
             Strafford
             excepted
             against
             the
             reading
             of
             
             the
             Copy
             in
             a
             Charge
             of
             High
             Treason
             ;
             adding
             ,
             that
             it
             concerned
             him
             very
             much
             ,
             he
             being
             to
             be
             tryed
             for
             his
             Life
             and
             Honor
             ,
             since
             upon
             this
             the
             whole
             Charge
             was
             to
             be
             grounded
             .
             On
             other
             things
             he
             did
             not
             insist
             so
             much
             ,
             but
             submitted
             to
             their
             Lordships
             pleasure
             ,
             because
             they
             said
             they
             would
             consider
             them
             in
             their
             Judgement
             ;
             but
             this
             being
             the
             ground
             and
             foundation
             ,
             whereupon
             they
             intend
             to
             charge
             him
             with
             High
             Treason
             ,
             he
             besought
             their
             Lordships
             to
             consider
             it
             ,
             with
             that
             Honor
             ,
             and
             Goodness
             ,
             and
             Justice
             they
             did
             in
             all
             things
             .
          
           
             Mr.
             Glyn
             in
             Answer
             alledged
             ,
             that
             their
             Lordships
             had
             over-ruled
             it
             in
             
             the
             Case
             of
             the
             Bishop
             of
             Down
             .
             That
             (
             suppose
             a
             Warrant
             is
             offered
             by
             force
             ,
             whereby
             High
             Treason
             is
             committed
             )
             if
             a
             Copy
             may
             not
             be
             given
             in
             evidence
             ,
             then
             let
             him
             that
             is
             guilty
             in
             such
             a
             Case
             ,
             get
             away
             the
             Originals
             ,
             it
             cleares
             him
             of
             the
             Treason
             :
             besides
             ,
             it
             is
             no
             matter
             of
             Record
             :
             and
             Mr.
             Maynard
             observed
             ,
             That
             if
             one
             writes
             a
             Letter
             ,
             and
             therein
             commands
             one
             to
             commit
             Treason
             ;
             if
             the
             Letter
             be
             burnt
             ,
             this
             man
             shall
             not
             prove
             the
             Command
             ,
             if
             only
             the
             Original
             must
             make
             it
             good
             .
          
           
             Mr.
             Savill
             being
             asked
             what
             was
             become
             of
             the
             Original
             Warrant
             ?
          
           
             He
             answered
             ,
             it
             was
             in
             Ireland
             ,
             he
             not
             expecting
             any
             question
             about
             this
             business
             ,
             but
             this
             was
             the
             Copy
             of
             it
             ,
             and
             under
             his
             own
             
             hand
             .
          
           
             My
             Lord
             of
             Strafford
             offered
             to
             their
             Lordships
             ,
             that
             he
             that
             is
             to
             swear
             it
             to
             be
             a
             true
             Copy
             ,
             is
             the
             man
             ,
             that
             (
             if
             a
             fault
             be
             committed
             )
             is
             in
             fault
             himself
             as
             much
             as
             any
             ,
             for
             he
             is
             the
             man
             that
             executed
             this
             Treason
             ,
             and
             now
             he
             shall
             swear
             to
             the
             justifying
             of
             his
             own
             act
             .
          
           
           
             Mr.
             Savill
             being
             (
             on
             my
             Lord
             of
             Clares
             Motion
             )
             Asked
             ,
             How
             they
             came
             by
             the
             Copy
             ?
          
           
             He
             Answered
             ,
             He
             knew
             not
             how
             it
             came
             into
             their
             hands
             .
          
           
             But
             ,
             Mr.
             Palmer
             added
             ,
             Now
             he
             sees
             it
             in
             our
             hands
             ,
             and
             he
             knows
             it
             :
             
             And
             that
             this
             Copy
             cannot
             be
             questioned
             ,
             unless
             he
             question
             what
             is
             done
             already
             ;
             for
             ,
             in
             this
             very
             Case
             ,
             a
             Copy
             is
             allowed
             to
             be
             an
             Evidence
             ,
             for
             the
             Relation
             it
             hath
             to
             the
             greatness
             of
             the
             Charge
             ,
             as
             to
             my
             Lord
             of
             Strafford
             ;
             and
             it
             cannot
             alter
             the
             Justice
             of
             the
             Evidence
             ;
             for
             ,
             if
             it
             be
             an
             Evidence
             ,
             it
             is
             an
             Evidence
             in
             whatsoever
             the
             Cause
             is
             .
          
           
             Mr.
             Savill
             being
             Asked
             ,
             How
             he
             came
             to
             set
             his
             hand
             to
             the
             VVarrant
             ?
             
          
           
             He
             Answered
             ,
             That
             in
             Ianuary
             last
             there
             came
             to
             him
             one
             
               VVilliam
               Somer
            
             ,
             Secretary
             to
             my
             Lord
             Rainalaugh
             ,
             and
             told
             him
             ;
             Mr.
             Sergeant
             Savill
             ,
             you
             had
             a
             Warrant
             to
             Quarter
             Soldiers
             on
             one
             within
             the
             Town
             of
             Athlone
             ,
             but
             the
             parties
             were
             Friends
             ,
             and
             you
             removed
             them
             ;
             one
             of
             those
             Soldiers
             committing
             Extortion
             ,
             in
             taking
             away
             two
             Pewter
             Dishes
             ,
             and
             is
             to
             be
             Tried
             at
             our
             next
             sitting
             ;
             and
             ,
             unless
             the
             Soldier
             have
             a
             Copy
             of
             your
             Warrant
             ,
             he
             is
             like
             to
             suffer
             in
             it
             :
             That
             he
             thereupon
             Answered
             ,
             He
             could
             not
             deny
             it
             ;
             and
             brought
             the
             
               Original
               Warrant
            
             ,
             and
             being
             a
             good
             Clerk
             ,
             he
             bad
             him
             Copy
             it
             out
             .
          
           
             He
             sayes
             ,
             he
             desired
             you
             to
             let
             some
             of
             your
             own
             Men
             do
             it
             ,
             and
             I
             will
             give
             him
             for
             his
             pains
             —
          
           
             That
             he
             ,
             the
             said
             Mr.
             Savill
             ,
             did
             thereupon
             deliver
             the
             
               Original
               Warrant
            
             to
             his
             Servant
             ,
             
               Edmond
               Brumingham
            
             ,
             as
             he
             remembers
             ,
             who
             Copied
             it
             out
             .
             That
             Mr.
             Somer
             came
             ,
             and
             told
             him
             ,
             Here
             is
             a
             Copy
             :
             That
             he
             asked
             Mr.
             Somer
             ,
             Whether
             he
             had
             examined
             it
             ?
             Yes
             indeed
             ,
             saith
             he
             ,
             it
             is
             a
             true
             Copy
             :
             That
             upon
             that
             ,
             he
             the
             said
             Mr.
             Savill
             delivered
             this
             to
             Mr.
             Somer
             ,
             under
             his
             Hand
             ,
             but
             did
             not
             compare
             it
             himself
             ,
             yet
             is
             confident
             it
             is
             a
             True
             Copy
             .
          
           
             Mr.
             Maynard
             observed
             ,
             That
             they
             Charged
             a
             Treason
             in
             an
             Act
             ,
             That
             
             my
             Lord
             of
             Strafford
             gave
             Authority
             to
             do
             such
             a
             thing
             ;
             not
             that
             he
             gave
             this
             Particular
             Warrant
             ;
             and
             though
             they
             proved
             no
             Copy
             at
             all
             ,
             yet
             proving
             the
             Command
             ,
             it
             maintained
             sufficiently
             the
             Charge
             :
             for
             ,
             a
             Treason
             may
             be
             a
             Treason
             ,
             though
             not
             put
             in
             Execution
             .
             That
             they
             produced
             not
             this
             Copy
             ,
             as
             necessary
             to
             give
             a
             precise
             Copy
             ,
             but
             to
             prove
             that
             there
             was
             such
             a
             Command
             and
             Authority
             given
             ;
             and
             ,
             as
             a
             farther
             evidence
             ,
             they
             shew
             a
             Copy
             taken
             on
             such
             an
             occasion
             :
             And
             ,
             Witnesses
             are
             here
             ,
             who
             will
             clearly
             Depose
             ,
             That
             this
             is
             the
             very
             substance
             and
             effect
             of
             the
             Warrant
             ,
             given
             under
             my
             Lord
             of
             Straffords
             hand
             .
          
           
             Here
             my
             Lord
             of
             Strafford
             interposed
             ;
             That
             it
             was
             Charged
             on
             him
             in
             
             particular
             ,
             That
             on
             the
             9
             th
             of
             May
             ,
             in
             the
             12
             th
             year
             of
             the
             King
             ,
             he
             gave
             Traiterously
             ,
             Authority
             to
             
               Robert
               Savill
            
             ,
             &c.
             
          
           
             But
             Mr.
             Palmer
             insisted
             ,
             That
             they
             did
             not
             find
             much
             on
             Reading
             this
             
             Warrant
             ;
             but
             ,
             if
             the
             Authority
             was
             proved
             it
             was
             sufficient
             .
          
           
           
             And
             Mr.
             Pym
             added
             ;
             That
             they
             could
             not
             wave
             any
             part
             of
             the
             Evidence
             ,
             and
             therefore
             prayed
             it
             might
             be
             read
             .
             
          
           
             Mr.
             Savill
             being
             (
             on
             the
             motion
             of
             the
             Earl
             Bath
             )
             Examined
             ,
             Whether
             this
             was
             the
             occasion
             of
             his
             coming
             over
             ?
             and
             ,
             Whether
             he
             had
             not
             said
             ,
             
             He
             had
             brought
             all
             his
             Warrants
             with
             him
             ?
          
           
             He
             Answered
             ,
             That
             by
             the
             Oath
             he
             hath
             taken
             ,
             that
             he
             knew
             nothing
             of
             it
             ,
             till
             the
             night
             he
             came
             to
             the
             City
             :
             That
             he
             had
             not
             said
             ,
             He
             had
             brought
             all
             his
             Warrants
             ;
             for
             he
             had
             none
             ;
             and
             should
             have
             spoken
             an
             Untruth
             if
             he
             had
             said
             it
             :
             and
             he
             came
             on
             his
             own
             occasions
             ,
             not
             sent
             for
             .
          
           
             Being
             Asked
             ,
             Whether
             he
             thought
             in
             his
             Conscience
             ,
             That
             it
             was
             a
             True
             Copy
             ?
          
           
             He
             Answered
             ,
             Yes
             ;
             I
             am
             confident
             ;
             for
             the
             Substance
             of
             it
             .
          
           
             To
             Determine
             the
             Question
             ,
             their
             Lordships
             resolved
             to
             Adjourn
             to
             the
             House
             above
             .
          
           
             Mr.
             Palmer
             desiring
             it
             might
             be
             Remembred
             ,
             That
             the
             Copy
             was
             Signed
             by
             
             Savill's
             Hand
             ;
             That
             Savill
             was
             the
             Person
             to
             whom
             the
             Warrant
             
             was
             directed
             ;
             and
             ,
             The
             Man
             that
             hath
             the
             Principal
             Warrant
             in
             his
             Custody
             ;
             That
             gave
             direction
             for
             the
             Copying
             of
             it
             ;
             and
             added
             ,
             That
             himself
             was
             ready
             to
             prove
             the
             substance
             and
             effect
             of
             it
             .
          
           
             Their
             Lordships
             Adjourning
             ,
             and
             shortly
             after
             returning
             :
          
           
             The
             Lord
             Steward
             Reported
             their
             Lordships
             Resolution
             ,
             viz.
             
               That
               their
               Lordships
               had
               taken
               into
               consideration
               this
               Copy
               ,
               and
               thought
               of
               it
               seriously
            
             ;
             
             
               and
               that
               in
               this
               individual
               Case
               ,
               they
               held
               it
               not
               fit
               to
               be
               read
               ,
               because
               it
               was
               not
               Attested
               :
               And
               that
               their
               Lordships
               ,
               in
               no
               other
               Case
               since
               the
               Tryal
               began
               ,
               had
               admitted
               the
               like
               Copy
               ,
               but
               where
               it
               was
               Attested
               :
               That
               they
               conceived
               ,
               this
               could
               be
               no
               Impediment
               ,
               or
               failer
               in
               the
               proceeding
               ,
               because
               the
               truth
               ,
               and
               verity
               of
               it
               would
               depend
               on
               the
               first
               general
               power
               given
               to
               execute
               it
               ,
               which
               they
               that
               manage
               the
               Evidence
               for
               the
               Commons
               ,
               say
               ,
               they
               can
               prove
               .
            
          
           
             Mr.
             Palmer
             thereupon
             Alleadged
             ,
             That
             they
             would
             apply
             themselves
             to
             
             their
             Lordships
             Directions
             :
             That
             the
             thing
             offered
             in
             Evidence
             had
             been
             executed
             ;
             That
             Soldiers
             (
             according
             to
             what
             was
             deposed
             to
             be
             the
             effect
             of
             this
             Warrant
             )
             have
             been
             Quartered
             on
             the
             houses
             ,
             and
             Lands
             of
             such
             Persons
             ,
             as
             have
             been
             Complained
             of
             on
             
               Paper
               Petitions
            
             ,
             either
             in
             case
             they
             have
             not
             appeared
             ,
             or
             after
             appearance
             ,
             did
             not
             render
             obedience
             .
          
           
             Mr.
             Savill
             being
             Asked
             ,
             What
             he
             did
             in
             that
             kind
             ?
             and
             ,
             What
             Warrant
             he
             had
             for
             it
             ?
             
          
           
             He
             Answered
             ,
             That
             the
             Warrant
             ,
             by
             Vertue
             of
             which
             ,
             he
             laid
             Soldiers
             on
             several
             Delinquents
             Lands
             ,
             was
             delivered
             to
             him
             by
             my
             Lords
             
             Deputies
             Secretary
             ,
             Mr.
             Edmonds
             (
             as
             he
             remembred
             )
             by
             Virtue
             of
             which
             Warrant
             ,
             after
             five
             or
             six
             several
             times
             going
             for
             the
             Delinquents
             ,
             when
             they
             could
             not
             by
             any
             means
             be
             brought
             in
             ,
             he
             did
             (
             according
             to
             my
             Lord
             Deputies
             Command
             ,
             make
             use
             of
             his
             Warrant
             ,
             and
             layed
             Soldiers
             on
             them
             till
             they
             had
             submitted
             themselves
             :
             And
             ,
             that
             the
             Warrant
             was
             given
             under
             my
             Lord
             Deputies
             Hand
             .
          
           
             Being
             Asked
             ,
             What
             he
             meant
             by
             Delinquents
             ?
          
           
             He
             Answered
             ,
             thus
             ;
             He
             ever
             observed
             on
             Complaints
             made
             to
             his
             Lordship
             ,
             my
             Lord
             Issued
             his
             Command
             ;
             This
             Command
             was
             served
             on
             the
             Party
             Complained
             of
             ;
             And
             ,
             on
             Return
             of
             that
             ,
             Oath
             being
             made
             of
             it
             ,
             that
             the
             Party
             gave
             not
             satisfaction
             ,
             A
             Warrant
             was
             Issued
             to
             the
             Pursivant
             ;
             On
             the
             Pursivants
             return
             (
             he
             not
             meeting
             with
             the
             Party
             )
             the
             Party
             possibly
             absenting
             himself
             ,
             or
             Rescued
             out
             of
             the
             Pursivants
             hands
             ,
             there
             is
             an
             Oath
             taken
             by
             the
             Pursivant
             ,
             a
             Warrant
             given
             to
             the
             Sergeant
             at
             Armes
             ,
             who
             goes
             in
             Person
             ,
             or
             sends
             his
             Deputy
             three
             or
             four
             or
             five
             times
             ,
             and
             when
             the
             Party
             cannot
             be
             got
             ,
             then
             he
             lays
             Soldiers
             .
          
           
             Being
             Asked
             ,
             What
             he
             meanes
             by
             laying
             of
             Soldiers
             ?
          
           
             He
             Answered
             ,
             That
             he
             was
             to
             go
             to
             the
             Captain
             ,
             or
             Chief
             Officer
             of
             the
             next
             Company
             ,
             or
             Garrison
             ,
             to
             Complain
             of
             the
             Party
             he
             calls
             Delinquent
             ,
             and
             show
             my
             Lord
             Deputies
             Warrant
             ,
             and
             then
             he
             Commands
             them
             to
             rise
             with
             such
             a
             number
             ,
             as
             he
             shall
             think
             convenient
             ,
             and
             March
             to
             the
             Party
             Complained
             of
             ,
             in
             whose
             House
             they
             lie
             ,
             till
             they
             receive
             further
             direction
             .
          
           
             Being
             Asked
             of
             the
             Questions
             severally
             .
          
           
             He
             Answered
             ;
             That
             it
             was
             by
             a
             General
             Warrant
             he
             laid
             Soldiers
             on
             Delinquents
             ,
             and
             that
             he
             had
             a
             particular
             Warrant
             first
             ,
             but
             when
             that
             was
             disobeyed
             ,
             he
             used
             this
             General
             one
             ,
             that
             the
             Soldiers
             might
             not
             March
             but
             with
             an
             Officer
             ;
             That
             he
             did
             never
             see
             those
             Soldiers
             go
             on
             Service
             like
             Naked
             Men
             ,
             but
             they
             had
             such
             Armes
             as
             were
             fit
             for
             Soldiers
             ;
             That
             he
             hath
             seen
             them
             Armed
             with
             Muskets
             ,
             Swords
             ,
             and
             such
             furniture
             .
             That
             they
             have
             meat
             and
             drink
             from
             the
             Party
             they
             lie
             on
             ,
             though
             (
             for
             his
             own
             part
             )
             he
             had
             never
             Meales
             Meat
             from
             him
             .
          
           
             Being
             asked
             ,
             Whether
             they
             lie
             on
             the
             Parties
             Lands
             ?
          
           
             He
             Answered
             ,
             For
             that
             purpose
             they
             go
             .
          
           
             Being
             Asked
             ,
             On
             how
             many
             several
             Persons
             he
             had
             done
             it
             ?
             and
             ,
             Whether
             it
             was
             ordinarily
             done
             ?
          
           
             He
             Answered
             ,
             That
             he
             had
             done
             it
             on
             several
             occasions
             ;
             and
             that
             he
             was
             afraid
             that
             sometimes
             he
             should
             be
             Complained
             of
             to
             my
             Lord
             Deputy
             ,
             in
             not
             putting
             it
             in
             Execution
             ,
             when
             the
             Parties
             have
             
             thought
             he
             the
             Deponent
             hath
             been
             favourable
             without
             cause
             :
             That
             he
             had
             ,
             on
             several
             occasions
             ,
             executed
             his
             Command
             ;
             as
             namely
             ,
             he
             caused
             Soldiers
             to
             be
             laid
             on
             one
             
               Francis
               Ditton
            
             ,
             likewise
             on
             one
             Conolly
             ,
             and
             on
             
               Luke
               Borne
            
             ,
             as
             he
             takes
             it
             ,
             and
             some
             others
             ,
             whereof
             he
             doth
             not
             remember
             the
             particulars
             :
             But
             ,
             those
             Men
             could
             not
             be
             brought
             in
             by
             any
             other
             meanes
             ,
             that
             he
             knew
             .
          
           
             Being
             Asked
             ,
             Whether
             it
             hath
             been
             done
             ordinarily
             on
             all
             occasions
             ,
             and
             on
             Persons
             of
             Quality
             as
             well
             as
             others
             ?
          
           
             He
             Answered
             ,
             That
             when
             he
             had
             my
             Lord
             Deputies
             Warrant
             in
             a
             general
             way
             ,
             he
             never
             made
             any
             difference
             of
             Persons
             .
          
           
             Being
             Asked
             ,
             Whether
             by
             Horse
             or
             Foot
             ?
          
           
             He
             Answered
             ,
             Never
             Horse
             that
             he
             knew
             of
             ,
             unless
             in
             case
             of
             Necessity
             ,
             when
             no
             Foot
             was
             to
             be
             had
             near
             them
             ;
             And
             ,
             that
             was
             but
             once
             .
          
           
             Being
             Asked
             ,
             Whether
             the
             Number
             was
             left
             to
             his
             discretion
             ,
             or
             a
             certain
             number
             assigned
             ?
          
           
             He
             Answered
             ,
             The
             Warrant
             sayes
             ,
             he
             shall
             raise
             so
             many
             ,
             as
             shall
             be
             thought
             fit
             in
             the
             discretion
             of
             the
             Sergeant
             .
          
           
             Being
             Asked
             ,
             Hath
             this
             been
             Executed
             on
             several
             parts
             of
             the
             Kingdom
             ?
          
           
             He
             Answered
             ,
             Yes
             ;
             as
             well
             in
             one
             part
             of
             the
             Kingdom
             as
             another
             ,
             when
             the
             occasion
             served
             .
          
           
             Being
             asked
             ,
             Whether
             it
             was
             done
             by
             himself
             only
             ,
             or
             another
             ?
          
           
             He
             Answered
             ,
             There
             was
             none
             but
             himself
             ,
             till
             the
             Lord
             Deputy
             ,
             for
             the
             better
             Service
             of
             His
             Majesty
             ,
             was
             pleased
             to
             direct
             another
             .
          
           
             Being
             Asked
             ,
             Whether
             my
             Lord
             Deputy
             ever
             spake
             to
             him
             ,
             about
             the
             Complaints
             made
             of
             him
             ?
          
           
             He
             Answered
             ,
             Never
             ,
             In
             Good
             Faith
             ;
             and
             he
             thinks
             my
             Lord
             will
             clear
             him
             of
             that
             .
          
           
             Being
             Asked
             ,
             Was
             there
             not
             Complaints
             made
             of
             his
             showing
             Favour
             ?
          
           
             He
             Answered
             ,
             He
             must
             Confess
             there
             was
             .
          
           
             Being
             Asked
             ,
             What
             he
             said
             on
             that
             occasion
             ?
          
           
             He
             Answered
             ,
             sometimes
             my
             Lords
             Secretary
             would
             demand
             ,
             Why
             he
             would
             not
             put
             the
             Warrant
             in
             Execution
             ?
             and
             he
             (
             this
             Deponent
             )
             
             would
             say
             ,
             They
             were
             poor
             Men
             :
             but
             ,
             it
             never
             came
             to
             my
             Lords
             hands
             ,
             so
             far
             as
             he
             could
             remember
             .
          
           
             Being
             Asked
             ,
             on
             my
             Lord
             of
             Straffords
             Motion
             ,
             What
             number
             of
             Soldiers
             he
             commonly
             laid
             ,
             and
             what
             was
             the
             greatest
             number
             usually
             ?
          
           
             He
             Answered
             ,
             That
             the
             greatest
             number
             was
             Five
             and
             an
             Officer
             ;
             but
             ,
             for
             the
             most
             part
             2
             ,
             or
             3
             ,
             or
             4
             ;
             but
             ,
             of
             late
             ,
             he
             hath
             heard
             of
             more
             .
          
           
             Being
             Asked
             ,
             Whether
             another
             had
             not
             a
             Warrant
             to
             the
             same
             purpose
             ?
             and
             ,
             How
             many
             he
             had
             laid
             ?
          
           
             He
             Answered
             ,
             He
             never
             saw
             the
             VVarrant
             ;
             but
             ,
             he
             hath
             heard
             he
             hath
             ,
             by
             Vertue
             of
             such
             a
             VVarrant
             ,
             laid
             Soldiers
             ,
             but
             he
             knows
             not
             how
             many
             ;
             he
             not
             looking
             to
             the
             actions
             of
             others
             ,
             but
             his
             own
             :
             and
             he
             wished
             it
             had
             all
             layen
             in
             his
             power
             still
             ,
             and
             he
             had
             done
             well
             enough
             .
          
           
             
               Patrick
               Gough
            
             being
             Asked
             ,
             Whether
             he
             had
             seen
             such
             a
             Warrant
             under
             
             the
             Hand
             and
             Seal
             of
             my
             Lord
             of
             Strafford
             ,
             whereby
             the
             Soldiers
             were
             Assessed
             ,
             and
             under
             whose
             Hand
             ?
          
           
             He
             Answered
             ,
             He
             had
             seen
             a
             VVarrant
             ,
             Signed
             by
             my
             Lord
             VVentworth
             on
             the
             top
             ,
             and
             a
             Seal
             to
             it
             ,
             directed
             to
             the
             Sergeant
             Savill
             ,
             to
             the
             same
             purpose
             :
             that
             an
             Affidavit
             made
             to
             him
             of
             the
             absence
             of
             the
             Contemptor
             of
             the
             first
             VVarrant
             ,
             he
             might
             lay
             Soldiers
             on
             the
             Land
             ;
             And
             that
             he
             made
             search
             for
             it
             ,
             and
             saw
             it
             in
             Secretary
             Littles
             Book
             ,
             but
             it
             was
             long
             agoe
             .
          
           
             Being
             Asked
             ,
             What
             he
             knew
             of
             the
             Execution
             of
             this
             VVarrant
             ?
             Upon
             whom
             ?
             How
             many
             ?
             and
             ,
             Upon
             what
             Occasion
             ?
          
           
             He
             Answered
             ,
             It
             was
             a
             constant
             course
             ,
             on
             a
             Command
             ,
             and
             Affidavit
             made
             of
             serving
             a
             VVarrant
             ,
             to
             the
             Pursivant
             ,
             on
             the
             Parties
             failing
             ,
             an
             Attachment
             was
             granted
             to
             the
             Sergeant
             ,
             and
             a
             
               Dormant
               VVarrant
            
             ,
             that
             on
             his
             not
             finding
             him
             ,
             he
             might
             lay
             Soldiers
             on
             the
             Land
             ;
             This
             was
             constantly
             practised
             during
             my
             Lords
             Government
             ,
             as
             he
             obsered
             ;
             And
             particularly
             ,
             upon
             one
             
               Richard
               Butler
            
             in
             the
             County
             of
             Typerary
             last
             Summer
             :
             And
             ,
             no
             other
             cause
             could
             he
             learn
             or
             know
             ,
             but
             not
             giving
             obedience
             to
             my
             Lord
             of
             Straffords
             Orders
             ,
             The
             Original
             Contempt
             .
          
           
             Being
             Interrogated
             ,
             What
             Insolencies
             he
             had
             known
             committed
             by
             Soldiers
             in
             this
             Case
             ?
          
           
             He
             Answered
             ,
             That
             he
             had
             heard
             ,
             Soldiers
             were
             left
             on
             one
             Bernes
             Land
             ,
             and
             they
             took
             other
             Mens
             Cattel
             that
             Grazed
             on
             the
             Lands
             ,
             and
             killed
             them
             ,
             and
             burnt
             part
             of
             the
             House
             (
             as
             he
             was
             told
             )
             and
             broke
             up
             the
             Hutches
             where
             he
             had
             his
             Corn
             ,
             and
             sent
             it
             to
             the
             next
             Market-Town
             to
             buy
             Beer
             for
             them
             .
          
           
           
             Being
             Asked
             (
             on
             my
             Lord
             of
             Straffords
             Motion
             )
             Whether
             in
             his
             VVarrant
             any
             Command
             was
             given
             to
             take
             other
             Mens
             Goods
             ?
          
           
             He
             Answered
             ,
             He
             believed
             no
             such
             word
             was
             exprest
             in
             the
             VVarrant
             .
          
           
             Being
             Asked
             ,
             Whether
             there
             was
             not
             Authority
             to
             lay
             Soldiers
             ?
             and
             ,
             What
             was
             meant
             by
             laying
             of
             Soldiers
             ?
          
           
             He
             Answered
             ,
             The
             VVarrant
             Imports
             ,
             That
             ,
             on
             their
             Default
             ,
             or
             Absence
             ,
             the
             Sergeant
             at
             Armes
             may
             lay
             Soldiers
             on
             the
             Land
             ,
             there
             to
             lye
             to
             feed
             on
             the
             Contemptors
             Goods
             ,
             and
             live
             there
             till
             he
             surrender
             his
             Body
             to
             the
             Sergeant
             at
             Armes
             .
             Then
             the
             Sergeant
             gives
             notice
             to
             the
             Soldiers
             ,
             that
             the
             Party
             is
             come
             in
             ,
             and
             they
             go
             to
             their
             Garrison
             .
          
           
             
               Richard
               Welsh
            
             Sworn
             :
             Being
             Interrogated
             ,
             Whether
             he
             had
             seen
             a
             Warrant
             
             under
             my
             Lord
             of
             Straffords
             Hand
             ,
             for
             laying
             of
             Soldiers
             ?
          
           
             He
             Answered
             ,
             That
             he
             had
             seen
             my
             Lord
             Deputies
             Hand
             Signed
             (
             if
             it
             was
             his
             Hand
             )
             Wentworth
             :
             as
             he
             had
             seen
             it
             to
             many
             Orders
             ,
             being
             very
             well
             acquainted
             with
             his
             Hand
             :
             That
             he
             had
             seen
             his
             Hand
             to
             such
             a
             Warrant
             ;
             that
             the
             Man
             that
             showed
             him
             the
             VVarrant
             ,
             was
             one
             of
             my
             Lord
             Deputies
             Troopers
             (
             by
             name
             
               Patrick
               Brady
            
             ,
             who
             told
             him
             )
             he
             was
             going
             to
             fetch
             Soldiers
             by
             direction
             of
             Sergeant
             Savill
             ,
             to
             lay
             on
             one
             
               Francis
               Dillon
            
             ,
             who
             was
             in
             Contempt
             at
             this
             Bradyes
             own
             Suite
             :
             That
             the
             occasion
             he
             showed
             him
             it
             ,
             was
             ;
             That
             Brady
             was
             Indebted
             to
             him
             (
             the
             Deponent
             )
             and
             he
             (
             the
             Deponent
             )
             intending
             to
             Petition
             my
             Lord
             against
             him
             ,
             Brady
             desired
             him
             to
             forbear
             it
             ,
             for
             he
             had
             a
             good
             way
             to
             get
             Money
             ,
             and
             shewed
             him
             the
             Warrant
             ;
             he
             (
             the
             Deponent
             )
             saw
             it
             under
             my
             Lord
             Deputies
             Hand
             and
             Seal
             .
          
           
             Being
             Asked
             ,
             What
             was
             the
             Suit
             ?
             He
             said
             ,
             The
             Suit
             was
             on
             a
             Paper-Petition
             ;
             for
             (
             as
             he
             remembers
             )
             100
             l.
             and
             so
             Dillon
             falling
             into
             Contempt
             ,
             a
             Warrant
             was
             issued
             to
             the
             Pursivant
             ,
             and
             so
             ,
             according
             to
             the
             practice
             ,
             the
             Soldiers
             were
             laid
             on
             him
             .
          
           
             Being
             Asked
             ,
             What
             was
             the
             effect
             of
             the
             Warrant
             under
             my
             Lord
             Deputies
             Hand
             ?
          
           
             He
             Answered
             ,
             That
             the
             effect
             of
             the
             Warrant
             was
             ,
             That
             the
             Sergeant
             at
             Armes
             should
             bring
             upon
             the
             Delinquents
             (
             such
             as
             was
             incontempt
             )
             out
             of
             the
             next
             Garrison
             ,
             Soldiers
             ,
             with
             an
             Officer
             ,
             and
             lay
             them
             on
             the
             Delinquents
             Lands
             ,
             till
             he
             had
             rendered
             his
             Body
             .
          
           
             
               Patrick
               Cleare
            
             Sworn
             :
             was
             Interrogated
             ,
             What
             Execution
             he
             knew
             of
             my
             Lord
             of
             
               Straffords
               Warrant
            
             ,
             to
             lay
             Soldiers
             ?
             
          
           
             He
             Answered
             ,
             That
             he
             had
             seen
             no
             Execution
             done
             :
             but
             ,
             he
             had
             a
             Letter
             sent
             out
             of
             the
             Countrey
             ,
             by
             a
             Gentlewomans
             Son
             ,
             and
             she
             desired
             him
             (
             the
             Deponent
             )
             to
             Petition
             ,
             To
             have
             Soldiers
             
             that
             were
             laid
             on
             her
             Land
             discharged
             ,
             it
             being
             onely
             for
             a
             Contempt
             ,
             in
             not
             Appearing
             .
             That
             he
             got
             a
             Copy
             of
             the
             Petition
             ,
             her
             Name
             being
             
               Agnes
               White
            
             ,
             and
             therein
             she
             Petition'd
             my
             Lord
             of
             Strafford
             to
             have
             them
             discharged
             ;
             and
             said
             ,
             she
             was
             very
             old
             ,
             and
             would
             die
             ,
             if
             she
             submitted
             her self
             to
             any
             Sergeant
             at
             Armes
             .
             The
             Order
             was
             ,
             That
             upon
             an
             Affidavit
             he
             would
             give
             other
             Direction
             .
             The
             Son
             made
             Affidavit
             ,
             that
             she
             was
             80
             years
             old
             :
             On
             that
             ,
             an
             Order
             was
             made
             ,
             requiring
             Sergeant
             Savill
             to
             take
             off
             the
             Soldiers
             ,
             and
             trouble
             her
             no
             more
             ,
             she
             paying
             him
             his
             Fees.
             And
             he
             knew
             further
             ,
             That
             Sergeant
             Pigott
             having
             an
             Attachment
             against
             
               Iohn
               Barrow
            
             ,
             who
             was
             gone
             away
             ,
             by
             reason
             of
             certain
             Cruelties
             ,
             sent
             after
             him
             ,
             by
             Secretary
             Little
             ,
             who
             threatned
             to
             put
             Soldiers
             on
             him
             ,
             if
             he
             came
             not
             to
             compound
             with
             him
             for
             his
             Fees.
             
          
           
             Being
             Asked
             ,
             How
             far
             the
             old
             woman
             lived
             from
             Dublin
             ?
          
           
             He
             Answered
             ,
             In
             the
             County
             of
             Kilkenny
             ,
             40
             or
             50
             Miles
             from
             Dublin
             ,
             and
             this
             was
             four
             years
             ago
             .
          
           
             Being
             Interrogated
             ,
             What
             the
             Contempt
             was
             ?
          
           
             He
             Answered
             ,
             That
             the
             Petitioner
             said
             ,
             He
             was
             dammaged
             500
             l.
             by
             not
             performing
             Covenants
             ;
             so
             she
             was
             commanded
             to
             pay
             500
             l.
             or
             else
             to
             shew
             cause
             to
             the
             contrary
             :
             She
             was
             an
             old
             woman
             ,
             alwayes
             on
             her
             Bed
             ,
             and
             did
             not
             appear
             ,
             not
             knowing
             what
             belonged
             to
             Law.
             Affidavit
             being
             made
             ,
             That
             she
             appeared
             not
             ,
             nor
             gave
             satisfaction
             ,
             an
             Attachment
             issued
             to
             the
             Pursivant
             ;
             The
             Pursivant
             could
             not
             find
             her
             ,
             on
             Affidavit
             .
             The
             Sergeant
             at
             Armes
             goes
             for
             her
             ,
             and
             ,
             not
             finding
             her
             ,
             the
             first
             or
             second
             time
             ;
             he
             layes
             Soldiers
             on
             her
             :
             And
             there
             they
             remained
             eating
             and
             drinking
             three
             or
             four
             weeks
             ,
             till
             he
             got
             them
             discharged
             .
             And
             he
             heard
             by
             the
             Sergeant
             at
             Armes
             ,
             that
             this
             was
             very
             usually
             and
             ordinarily
             done
             .
          
           
             Being
             Asked
             ,
             If
             Pigott
             had
             such
             a
             Warrant
             ?
          
           
             He
             Answered
             ,
             He
             did
             not
             see
             the
             Warrant
             ,
             but
             Pigott
             himself
             said
             ,
             He
             would
             lay
             Soldiers
             on
             Barrow
             ,
             if
             he
             did
             not
             submit
             and
             pay
             Fees.
             
          
           
             
               Nicholas
               Ardah
            
             Sworn
             :
             Being
             required
             to
             deliver
             what
             he
             knew
             concerning
             
             laying
             of
             Soldiers
             in
             case
             of
             Paper-Petitions
             .
          
           
             He
             Answered
             ,
             That
             he
             had
             heard
             of
             many
             ,
             but
             never
             saw
             any
             but
             one
             ,
             which
             was
             in
             the
             City
             of
             Dublin
             ;
             One
             
               Tho.
               Cusacke
            
             of
             Dublin
             was
             seized
             by
             Sergeant
             Savill
             ,
             with
             Corporal
             Hamond
             ,
             and
             some
             others
             of
             my
             Lord
             Lieutenants
             Troops
             ,
             for
             not
             obeying
             an
             Order
             within
             these
             two
             years
             and
             a
             half
             :
             That
             he
             saw
             the
             Horse
             ,
             and
             the
             Pistols
             at
             their
             Sadles
             ;
             there
             were
             two
             or
             three
             as
             he
             takes
             it
             .
          
           
             Being
             Asked
             in
             what
             Case
             it
             was
             ?
          
           
           
             He
             Answered
             ,
             A
             Merchant
             of
             Manchester
             ,
             trusted
             with
             Money
             ,
             or
             Commodities
             ,
             and
             being
             not
             able
             to
             pay
             him
             ,
             he
             sued
             him
             ,
             and
             so
             far
             ,
             that
             he
             got
             a
             Warrant
             ;
             and
             this
             was
             before
             my
             Lord
             Deputy
             ,
             on
             a
             Paper-Petition
             .
          
           
             Being
             Asked
             ,
             How
             long
             the
             Soldiers
             remained
             there
             ?
          
           
             He
             Answered
             ,
             some
             three
             or
             four
             dayes
             ,
             till
             the
             Man
             surrendred
             himself
             to
             the
             Sergeant
             at
             Armes
             .
          
           
             
               Edmond
               Berne
            
             being
             Sworn
             ,
             and
             Interrogated
             ,
             How
             many
             Soldiers
             were
             laid
             upon
             himself
             ,
             by
             vertue
             of
             this
             Warrant
             ?
             and
             ,
             For
             what
             cause
             ?
             
             and
             ,
             What
             Contempt
             ?
             and
             ,
             What
             was
             the
             loss
             ?
             and
             ,
             Whether
             the
             Soldiers
             were
             Armed
             ?
          
           
             He
             ,
             in
             his
             several
             Answers
             ,
             Deposed
             ,
             That
             there
             came
             to
             his
             House
             Ten
             of
             my
             Lord
             Deputies
             own
             Foot-guard
             ,
             and
             an
             Officer
             ,
             in
             the
             County
             of
             Wicklowe
             in
             Ireland
             ,
             in
             the
             Bernes
             Countrey
             ,
             12
             Miles
             from
             Dublin
             ;
             That
             it
             was
             on
             the
             17
             th
             or
             18
             th
             of
             October
             ,
             1639
             ,
             and
             they
             came
             on
             his
             Land
             ,
             under
             colour
             of
             a
             Contempt
             ,
             and
             there
             lay
             15
             dayes
             :
             In
             which
             time
             ,
             they
             consumed
             and
             devoured
             all
             his
             Goods
             and
             Chattels
             they
             found
             at
             that
             time
             :
             They
             Thrasht
             out
             three
             Ricks
             of
             Corn
             ;
             one
             of
             Wheat
             ,
             one
             of
             Rye
             ,
             the
             other
             of
             Oates
             ,
             which
             were
             very
             well
             worth
             50
             l.
             at
             the
             least
             :
             After
             they
             had
             Thrashed
             this
             Corn
             ,
             and
             devoured
             the
             Victuals
             they
             found
             in
             the
             house
             and
             about
             the
             house
             ,
             they
             sent
             some
             of
             this
             Corn
             to
             a
             Market-Town
             within
             three
             Miles
             ,
             called
             Bray
             ,
             and
             that
             they
             sold
             for
             
               Tobacco
               ,
               Aquavitae
            
             ,
             some
             Beer
             ,
             and
             Victuals
             for
             themselves
             :
             And
             they
             would
             not
             be
             content
             with
             this
             ,
             to
             satisfie
             themselves
             on
             his
             Goods
             ,
             but
             they
             must
             bring
             in
             the
             Women
             of
             the
             Town
             ,
             and
             made
             the
             Women
             drink
             ,
             and
             offered
             to
             Ravish
             them
             ,
             but
             that
             some
             of
             the
             Town
             came
             in
             to
             Rescue
             them
             :
             That
             after
             they
             had
             consumed
             all
             his
             Goods
             ,
             they
             broke
             up
             his
             Tenants
             doors
             ,
             killed
             their
             Geese
             ,
             their
             Hens
             ,
             and
             destroyed
             their
             Victuals
             ;
             and
             when
             they
             had
             destroyed
             all
             his
             Tenants
             Goods
             ,
             they
             came
             on
             the
             Town-people
             which
             were
             not
             his
             Tenants
             ,
             and
             broke
             open
             their
             doors
             ,
             and
             struck
             them
             ,
             and
             eat
             their
             Victuals
             ,
             and
             killed
             their
             Geese
             and
             Hens
             ;
             and
             after
             they
             came
             to
             his
             Tenant
             ,
             one
             
               Timothy
               Wells
            
             ,
             they
             came
             on
             his
             Land
             ,
             and
             understanding
             he
             was
             his
             Tenant
             ,
             they
             took
             away
             40
             English
             Sheep
             ,
             and
             brought
             them
             to
             his
             house
             ,
             and
             there
             ,
             that
             night
             ,
             they
             killed
             two
             of
             them
             :
             That
             his
             Tenant
             understanding
             them
             to
             be
             there
             ,
             referred
             himself
             to
             the
             Lord
             Chief
             Justice
             of
             Ireland
             then
             ,
             and
             Petitioned
             ,
             to
             this
             purpose
             ,
             that
             is
             ,
             my
             Lord
             Dillon
             ,
             and
             Sir
             
               Christopher
               Wainsford
            
             ,
             that
             Mr.
             Wells
             ,
             which
             was
             his
             Tenant
             ,
             had
             an
             Order
             to
             take
             away
             his
             Sheep
             from
             the
             Soldiers
             :
             and
             then
             the
             Soldiers
             Reply'd
             ,
             That
             since
             he
             had
             got
             an
             Order
             to
             take
             away
             his
             Sheep
             ,
             they
             were
             sorry
             they
             did
             not
             kill
             more
             of
             them
             :
             That
             they
             were
             not
             content
             to
             have
             Wood
             (
             which
             was
             for
             his
             the
             Deponents
             own
             fuell
             ,
             and
             to
             destroy
             that
             )
             but
             they
             burnt
             his
             Partitions
             ,
             his
             very
             House-door
             ,
             sold
             his
             Trunck
             ,
             his
             Bedsteads
             ,
             his
             Dining-Table
             ,
             and
             all
             they
             could
             light
             
             on
             in
             his
             house
             ;
             that
             after
             this
             time
             ,
             he
             was
             not
             able
             to
             keep
             house
             ,
             but
             left
             his
             Wife
             and
             Children
             to
             the
             courtesie
             of
             his
             friends
             ,
             and
             was
             fain
             to
             flie
             his
             Countrey
             ,
             and
             to
             serve
             in
             the
             
               Low
               Countreys
            
             as
             a
             Soldier
             ;
             that
             he
             may
             very
             well
             take
             it
             on
             his
             oath
             ,
             that
             this
             loss
             was
             at
             least
             500
             l.
             out
             of
             his
             way
             ,
             for
             he
             was
             not
             able
             to
             sow
             the
             Fallowes
             ,
             and
             was
             fain
             to
             break
             up
             House
             and
             Home
             ,
             and
             was
             never
             able
             to
             keep
             House
             since
             .
          
           
             That
             this
             was
             upon
             colour
             of
             a
             contempt
             ,
             upon
             a
             Petition
             preferred
             against
             him
             to
             my
             Lord
             Deputy
             ,
             by
             Mr.
             
               Thomas
               Archibald
            
             for
             a
             pretended
             debt
             of
             a
             matter
             of
             Ten
             pounds
             ,
             and
             these
             Soldiers
             were
             armed
             with
             Swords
             ,
             Musquets
             ,
             and
             Halbeards
             some
             of
             them
             .
          
           
             Being
             Interrogated
             (
             on
             my
             Lord
             of
             
             Strafford's
             motion
             )
             whether
             he
             the
             Lord
             Strafford
             was
             then
             in
             Ireland
             ?
          
           
             He
             Answered
             ,
             That
             before
             the
             Soldiers
             came
             on
             his
             Land
             ,
             my
             Lord
             Deputy
             came
             to
             England
             .
          
           
             But
             Mr.
             Palmer
             observed
             ,
             that
             the
             Warrant
             was
             from
             my
             Lord
             Deputy
             ,
             and
             Mr.
             Palmer
             added
             ,
             that
             all
             will
             refer
             to
             the
             time
             of
             the
             Warrant
             
             dormant
             .
          
           
             Being
             asked
             ,
             what
             Warrant
             was
             shewed
             for
             laying
             on
             these
             numbers
             of
             Foot
             ?
          
           
             He
             Answered
             ,
             That
             he
             durst
             not
             come
             in
             their
             sight
             .
          
           
             But
             Mr.
             Maynard
             observed
             ,
             that
             this
             was
             one
             of
             the
             men
             Savill
             did
             lay
             
             Soldiers
             on
             ,
             and
             therefore
             it
             behoved
             to
             be
             by
             that
             Warrant
             .
          
           
             Being
             asked
             ,
             whether
             the
             Debt
             might
             not
             have
             been
             compounded
             for
             5
             l.
             and
             why
             he
             would
             not
             rather
             pay
             5
             l.
             than
             suffer
             prejudice
             to
             500
             l
             ?
          
           
             He
             Answered
             to
             the
             First
             ,
             Yes
             .
             To
             the
             Second
             ,
             That
             he
             conceived
             the
             Debt
             not
             lawfully
             due
             .
          
           
             Mr.
             
               Robert
               Kennedy
            
             being
             Sworn
             and
             Interrogated
             ,
             what
             he
             knew
             of
             
             the
             laying
             of
             Soldiers
             on
             the
             said
             Berne
             ,
             and
             the
             occasion
             ,
             and
             what
             they
             did
             .
          
           
             He
             Answered
             ,
             That
             one
             Archibald
             preferred
             a
             Petition
             against
             Berne
             ,
             for
             a
             pretended
             Debt
             to
             my
             Lord
             Lieutenant
             ,
             and
             (
             as
             his
             usual
             course
             was
             )
             his
             Lordship
             would
             referr
             the
             matter
             to
             the
             two
             next
             Justices
             of
             Peace
             uninteressed
             ,
             and
             they
             to
             determine
             the
             matter
             by
             consent
             ,
             if
             they
             could
             ;
             else
             to
             certify
             that
             the
             party
             bringing
             the
             Petition
             to
             him
             ,
             the
             Deponent
             desired
             him
             to
             draw
             the
             Warrant
             according
             to
             my
             Lord-Lieutenants
             Order
             .
             They
             sent
             a
             Warrant
             for
             Berne
             ,
             who
             appearing
             ,
             they
             examined
             the
             business
             ,
             and
             it
             was
             so
             trivial
             ,
             that
             he
             the
             Deponent
             ,
             desired
             them
             to
             compound
             it
             .
             Berne
             stood
             on
             it
             ,
             that
             the
             Plaintiff
             ought
             to
             have
             none
             ,
             and
             would
             pay
             him
             none
             .
             They
             certified
             
             my
             Lord
             Lieutenant
             .
             After
             this
             Certificate
             ,
             he
             (
             the
             Deponent
             )
             heard
             not
             of
             it
             ,
             till
             he
             heard
             that
             Soldiers
             came
             to
             this
             Gentlemans
             Land
             ,
             and
             hearing
             of
             it
             ,
             and
             that
             some
             Tenants
             of
             his
             the
             Deponents
             were
             wronged
             by
             it
             ;
             he
             came
             thither
             ,
             and
             some
             of
             them
             he
             knew
             ,
             and
             asking
             by
             what
             authority
             they
             were
             there
             ?
             We
             come
             (
             say
             they
             )
             by
             Warrant
             of
             the
             Sergeant
             at
             Arms
             Mr.
             Pigott
             ,
             That
             the
             Deponent
             thereupon
             said
             .
             Mr.
             Pigott
             hath
             no
             Warrant
             ;
             Yes
             ,
             say
             they
             ,
             my
             Lord
             Lieutenants
             ,
             and
             he
             directed
             us
             not
             to
             leave
             ,
             till
             Berne
             delivered
             his
             Body
             for
             a
             contempt
             .
          
           
             That
             he
             the
             
               Deponent
               Answered
            
             ,
             Though
             you
             have
             a
             Warrant
             for
             lying
             on
             his
             Land
             ,
             you
             have
             no
             Warrant
             to
             destroy
             his
             Goods
             ,
             for
             they
             were
             selling
             his
             Corn
             ,
             and
             loaded
             the
             Horses
             that
             went
             through
             the
             Town
             .
          
           
             That
             there
             was
             to
             the
             number
             of
             8
             or
             12
             of
             my
             Lords
             Guard
             ,
             armed
             with
             Pikes
             ,
             and
             Guns
             ,
             and
             Swords
             .
             But
             my
             Lord
             of
             Strafford
             he
             thinks
             was
             not
             then
             in
             Ireland
             ,
             he
             was
             newly
             gone
             .
          
           
             Being
             asked
             (
             on
             my
             Lord
             of
             
             Strafford's
             motion
             )
             whether
             he
             saw
             the
             Warrant
             under
             Pigotts
             hand
             ?
          
           
             He
             Answered
             ,
             He
             did
             not
             ,
             but
             the
             Soldiers
             told
             him
             ,
             Pigott
             laid
             them
             on
             the
             Land
             ,
             by
             virtue
             of
             my
             Lord
             Deputies
             Warrant
             .
          
           
             Being
             asked
             ,
             how
             long
             Pigott
             had
             been
             a
             Sergeant
             ?
          
           
             He
             Answered
             ,
             About
             Ten
             years
             .
          
           
             And
             whether
             there
             was
             any
             more
             than
             two
             ?
          
           
             He
             Answered
             ,
             No
             more
             that
             attended
             the
             State
             ;
             and
             Mr.
             Kenneday
             ,
             added
             ,
             that
             he
             wondred
             at
             the
             course
             ,
             for
             he
             never
             heard
             of
             any
             such
             course
             before
             my
             Lord
             of
             Straffords
             time
             .
          
           
             Mr.
             Palmer
             here
             observed
             ,
             that
             they
             were
             my
             Lord
             Deputies
             own
             Guard
             ,
             which
             could
             not
             be
             but
             originally
             from
             him
             .
             
          
           
             Mr.
             
               Robert
               Little
            
             ,
             my
             Lord
             of
             Straffords
             Secretary
             being
             sworn
             ,
             was
             interrogated
             several
             questions
             ,
             viz.
             Whether
             he
             had
             made
             out
             any
             Warrant
             
             by
             the
             Lord
             of
             Strafford's
             Direction
             ,
             and
             under
             his
             Hand
             and
             Seal
             to
             Pigott
             ,
             or
             any
             else
             ,
             for
             raising
             Soldiers
             after
             this
             manner
             .
          
           
             He
             Answered
             ,
             That
             he
             doth
             not
             know
             that
             Pigott
             hath
             any
             such
             Warrant
             ;
             nor
             doth
             he
             remember
             any
             such
             Warrant
             passed
             the
             Office
             if
             it
             did
             ,
             it
             was
             by
             Precedents
             of
             former
             times
             ,
             but
             in
             good
             faith
             ,
             he
             doth
             not
             remember
             it
             .
          
           
             Whether
             he
             made
             any
             such
             Warrant
             to
             Pigott
             to
             his
             knowledge
             ?
          
           
             Answered
             ,
             That
             he
             never
             made
             any
             ,
             or
             heard
             of
             any
             ,
             nor
             knew
             of
             any
             .
          
           
             Was
             one
             made
             to
             Savill
             ?
          
           
             Answer
             ,
             He
             never
             made
             that
             to
             Savill
             ,
             and
             he
             cannot
             tell
             whether
             there
             was
             one
             to
             Savill
             ,
             or
             not
             ?
          
           
             Was
             there
             an
             Entrie
             of
             any
             Warrant
             in
             his
             Book
             to
             that
             purpose
             ?
          
           
           
             Answer
             ,
             That
             he
             did
             not
             enter
             them
             at
             any
             time
             ,
             nor
             did
             he
             ever
             see
             any
             such
             Entrie
             or
             Warrant
             .
          
           
             Mr.
             Palmer
             inferred
             from
             hence
             ,
             That
             he
             said
             the
             same
             for
             Savill
             that
             he
             
             said
             for
             Pigott
             ,
             and
             yet
             how
             publique
             a
             thing
             this
             of
             
             Savill's
             was
             their
             Lordships
             have
             heard
             ,
             and
             it
             could
             not
             but
             come
             to
             his
             knowledge
             ,
             at
             least
             his
             ear
             .
          
           
             And
             Mr.
             Maynard
             ,
             observed
             ,
             he
             swears
             that
             he
             never
             made
             any
             such
             
             Warrant
             ,
             but
             if
             any
             were
             made
             ,
             it
             was
             according
             to
             former
             Precedents
             .
          
           
             But
             my
             Lord
             of
             
               Strafford
               Answered
            
             ,
             That
             if
             any
             says
             he
             cannot
             tell
             ,
             't
             is
             
             as
             much
             as
             he
             can
             say
             for
             another
             mans
             act
             .
          
           
             Lord
             Ranalaugh
             being
             Interrogated
             ,
             what
             he
             knew
             of
             this
             Warrant
             ,
             of
             
             laying
             of
             Soldiers
             ,
             upon
             whom
             ?
             and
             how
             long
             ?
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             had
             heard
             something
             of
             it
             heretofore
             ,
             but
             more
             particularly
             in
             November
             last
             ,
             when
             being
             at
             the
             Council-Board
             ,
             a
             Petition
             was
             preferred
             to
             the
             then
             Lord
             Deputy
             and
             Council
             ,
             by
             one
             Davis
             ,
             who
             dwelt
             in
             the
             County
             of
             Clare
             ;
             and
             by
             his
             Petition
             he
             set
             forth
             ,
             That
             notwithstanding
             on
             a
             Reference
             from
             my
             Lord
             Deputy
             to
             the
             Judges
             of
             Assizes
             ,
             he
             had
             obtained
             a
             Report
             from
             him
             ;
             yet
             by
             combination
             betwixt
             his
             Adversary
             and
             the
             Sergeant
             ,
             he
             had
             Soldiers
             laid
             on
             him
             ,
             which
             made
             him
             leave
             his
             Dwelling
             :
             That
             he
             the
             (
             said
             Lord
             Ranalaugh
             )
             asked
             the
             party
             ,
             how
             the
             Sergeants
             came
             to
             lay
             Soldiers
             ?
             Yes
             saith
             he
             ,
             My
             Lord
             Deputy
             Wansford
             hath
             made
             a
             Warrant
             dormant
             ,
             and
             taken
             a
             course
             for
             it
             from
             my
             Lord
             Lieutenant
             ,
             and
             from
             himself
             ,
             (
             as
             he
             the
             Lord
             Ranalaugh
             takes
             it
             )
             tho
             positively
             he
             could
             say
             ,
             that
             the
             Warrant
             Dormant
             was
             the
             general
             Cause
             .
          
           
             Being
             asked
             whether
             it
             had
             been
             used
             before
             ,
             or
             if
             it
             be
             an
             Innovation
             ?
          
           
             He
             Answered
             ,
             That
             he
             knew
             a
             custome
             hath
             been
             in
             Ireland
             ,
             for
             laying
             Soldiers
             on
             the
             relievers
             of
             Rebels
             ,
             and
             for
             laying
             of
             Contribution-money
             ,
             in
             case
             of
             Delinquency
             ,
             or
             not
             payment
             ;
             Or
             where
             a
             return
             was
             made
             by
             the
             Sheriff
             ,
             that
             the
             Kings
             Rents
             did
             not
             come
             in
             ,
             these
             Rents
             being
             applyed
             to
             the
             payment
             of
             the
             Army
             .
             The
             course
             before
             my
             Lord
             of
             
             Strafford's
             coming
             was
             ,
             That
             Soldiers
             were
             laid
             to
             constrain
             such
             ,
             but
             in
             a
             civil
             cause
             between
             party
             and
             party
             ,
             he
             never
             heard
             of
             it
             before
             in
             his
             life
             .
          
           
             Being
             asked
             (
             on
             my
             Lord
             of
             
             Strafford's
             motion
             )
             whether
             (
             he
             the
             Lord
             Ranalaugh
             was
             not
             a
             Captain
             of
             the
             Army
             before
             the
             Lord
             of
             Strafford
             came
             ,
             and
             whether
             he
             had
             not
             Commission
             by
             Soldiers
             ,
             to
             levy
             part
             of
             the
             money
             due
             to
             him
             ,
             from
             the
             Deputy
             and
             Vice-Treasurer
             ?
          
           
           
             He
             Answered
             ,
             That
             before
             my
             Lord-Deputy
             came
             into
             Ireland
             ,
             the
             course
             was
             ,
             as
             he
             formerly
             touched
             ,
             that
             where
             there
             was
             arrear
             of
             Rents
             to
             the
             King
             ,
             and
             these
             Rents
             did
             not
             come
             in
             to
             the
             Exchequer
             ,
             then
             was
             assigned
             for
             the
             payment
             of
             the
             King's
             Soldiers
             ,
             and
             the
             Acquittances
             delivered
             to
             the
             Captains
             ,
             on
             part
             of
             their
             entertainment
             :
             and
             this
             Acquittance
             out
             of
             the
             Exchequer
             was
             given
             by
             a
             special
             Warrant
             from
             the
             Deputy
             ,
             and
             according
             to
             that
             course
             ,
             his
             (
             the
             Deputies
             method
             )
             was
             with
             other
             Captains
             ,
             and
             thus
             he
             levied
             the
             Rent
             by
             his
             own
             Soldiers
             ,
             by
             virtue
             of
             that
             Warrant
             .
          
           
             Being
             asked
             when
             the
             Money
             was
             Assessed
             thus
             on
             Countreys
             ,
             was
             it
             not
             by
             consent
             of
             the
             Countrey
             ?
          
           
             He
             Answered
             ,
             (
             That
             if
             he
             hath
             not
             forgotten
             )
             when
             the
             Gentlemen
             of
             Ireland
             were
             here
             1628.
             they
             were
             suitors
             to
             the
             King
             for
             several
             Graces
             ,
             and
             they
             obtained
             several
             of
             them
             from
             His
             Majesty
             :
             among
             the
             rest
             (
             if
             he
             hath
             not
             forgotten
             )
             that
             in
             case
             of
             non-payment
             of
             Rents
             or
             Contribution
             ,
             Soldiers
             might
             go
             ,
             and
             lye
             upon
             the
             Defaulters
             ,
          
           
             Mr.
             Palmer
             observed
             ,
             that
             when
             he
             speaks
             of
             Contribution
             or
             Rent
             ,
             he
             speaks
             not
             of
             this
             course
             ,
             to
             compell
             to
             obedience
             on
             Paper-Petitions
             .
             
             And
             so
             (
             he
             said
             )
             they
             would
             conclude
             with
             their
             Witnesses
             ,
             reciting
             ,
             that
             their
             Lordships
             have
             heard
             the
             course
             taken
             ,
             to
             secure
             that
             Power
             ,
             my
             Lord
             of
             Strafford
             assumed
             to
             himself
             ,
             in
             hearing
             of
             Causes
             .
             That
             this
             Usurpation
             on
             ordinary
             Courts
             of
             Justice
             ,
             to
             whom
             it
             belongs
             ,
             could
             not
             be
             secured
             without
             Arms
             in
             a
             Warlike
             manner
             ,
             to
             compel
             obedience
             .
             Their
             Lordships
             have
             heard
             how
             it
             was
             executed
             ,
             that
             if
             the
             proceeding
             had
             been
             legal
             ,
             the
             proofs
             of
             Law
             had
             been
             according
             to
             the
             calme
             and
             quiet
             Rules
             of
             Justice
             ,
             but
             being
             an
             incroached
             Power
             ,
             it
             must
             be
             executed
             by
             force
             ,
             and
             Arms
             ,
             and
             War
             indeed
             (
             for
             so
             it
             is
             in
             substance
             )
             on
             the
             Subjects
             of
             Ireland
             .
             That
             this
             was
             in
             time
             of
             Peace
             ,
             the
             troubles
             of
             Ireland
             being
             long
             since
             appeased
             ,
             and
             the
             People
             reduced
             to
             the
             condition
             of
             Subjects
             ,
             governed
             by
             ordinary
             Laws
             and
             Magistrates
             :
             and
             now
             to
             put
             an
             extraordinary
             Power
             in
             execution
             ,
             to
             compell
             the
             Subjects
             by
             Act
             of
             Hostility
             ,
             they
             conceive
             is
             within
             the
             Statute
             of
             25
             Ed.
             3.
             
             
               A
               levying
               of
               War
               against
               our
               Sovereign
               Lord
               the
               King
               within
               His
               Realm
               .
            
             which
             is
             nominally
             Treason
             in
             that
             Statute
             ,
             and
             shortly
             for
             this
             reason
             .
          
           
             The
             King
             being
             invested
             with
             His
             Sovereign
             Power
             ,
             whereby
             they
             are
             protected
             ,
             but
             this
             Power
             being
             (
             instead
             of
             Protection
             )
             used
             by
             his
             Ministers
             to
             the
             subversion
             and
             destruction
             of
             His
             Subjects
             ,
             doth
             on
             the
             matter
             ,
             make
             an
             Invocation
             on
             the
             King
             himself
             ,
             this
             being
             a
             bereaving
             the
             subjects
             of
             the
             Law
             by
             which
             they
             should
             live
             ;
             dispossessing
             them
             by
             force
             of
             Arms
             ,
             in
             warlike
             manner
             ,
             must
             be
             a
             war
             against
             himself
             ,
             That
             Law
             is
             of
             force
             in
             Ireland
             ,
             by
             10
             H.
             7.
             whereby
             all
             the
             Laws
             made
             before
             that
             time
             ,
             were
             made
             of
             force
             there
             .
          
           
             And
             by
             a
             particular
             Statute
             made
             the
             18.
             
             H.
             6.
             this
             very
             offence
             of
             Sessing
             Soldiers
             by
             Lords
             ,
             or
             any
             others
             ,
             or
             any
             the
             Kings
             people
             without
             their
             consent
             ,
             is
             adjudged
             Treason
             ,
             and
             the
             Offender
             is
             to
             be
             judged
             a
             Traitor
             .
          
           
           
             The
             Statute
             was
             read
             .
          
           
             Statutes
             and
             Ordinances
             made
             in
             a
             Parliament
             ,
             holden
             at
             Dublin
             18
             H.
             6.
             ch
             .
             3.
             
          
           
             
               AN
               Act
               that
               no
               Lord
               or
               others
               ,
               shall
               charge
               the
               Kings
               Subjects
               with
               Horse
               ,
               Horsemen
               ,
               or
               Footmen
               ,
               without
               their
               good
               Will
               ,
               and
               by
               so
               doing
               ,
               the
               Offender
               is
               a
               Traitor
               .
            
          
           
             
               IT
               is
               agreed
               and
               established
               ,
               that
               no
               Lord
               ,
               or
               any
               other
               ,
               of
               what
               condition
               soever
               he
               be
               ,
               shall
               bring
               or
               lead
               from
               henceforth
            
             Hoblers
             ,
             Kern
             ,
             or
             Hooded
             men
             ,
             neither
             English
             
               Rebels
               ,
               nor
            
             Irish
             
               Enemies
               ,
               nor
               any
               other
               people
               ,
               nor
               Horse
               to
               lye
               on
               Horseback
               ,
               or
               Foot
               to
               lye
               on
               the
               Kings
               people
               ,
               but
               on
               their
               own
               cost
               ,
               without
               consent
               .
               And
               if
               any
               so
               do
               ,
               he
               shall
               be
               adjudged
               as
               a
               Traitor
               .
            
          
           
             Mr.
             Palmer
             concluded
             that
             this
             hath
             been
             done
             ,
             and
             how
             their
             Lordships
             have
             heard
             that
             this
             hath
             been
             done
             by
             Soldiers
             that
             profess
             hostility
             ,
             brought
             from
             Garrisons
             ,
             (
             the
             places
             of
             War
             )
             in
             great
             numbers
             ,
             and
             
             indeed
             the
             number
             left
             indefinitely
             to
             the
             discretion
             of
             the
             Sergeant
             at
             Arms
             ,
             in
             Warlike
             furniture
             ,
             which
             is
             literally
             true
             in
             the
             case
             :
             And
             so
             he
             concluded
             the
             Article
             ,
             expecting
             my
             Lord
             of
             Strafford's
             Defence
             .
          
           
             My
             Lord
             of
             Strafford
             desired
             their
             Lordships
             would
             be
             pleased
             ,
             to
             give
             him
             liberty
             to
             look
             over
             his
             Notes
             ,
             and
             he
             doubted
             not
             but
             to
             give
             their
             Lordships
             a
             very
             clear
             satisfaction
             ,
             by
             the
             help
             of
             Almighty
             God.
             
             
          
           
             After
             a
             little
             respite
             ;
             his
             Lordship
             began
             his
             Defence
             in
             substance
             as
             followeth
             .
             And
             First
             ,
          
           
             He
             desired
             their
             Lordships
             would
             please
             to
             remember
             ,
             that
             if
             he
             proved
             
             not
             all
             things
             so
             clearly
             and
             fully
             ,
             the
             reason
             was
             obvious
             and
             plain
             ,
             the
             shortness
             of
             his
             time
             ,
             the
             Witnesses
             being
             to
             be
             fetched
             out
             of
             Ireland
             ,
             and
             he
             having
             none
             but
             such
             as
             come
             accidentally
             .
          
           
             That
             the
             other
             day
             he
             read
             to
             their
             Lordships
             ,
             out
             of
             Sir
             Edward
             Cook
             's
             Book
             ,
             that
             the
             Customs
             of
             Ireland
             are
             in
             many
             things
             different
             from
             the
             Customs
             of
             England
             :
             That
             for
             the
             things
             done
             in
             Ireland
             ,
             he
             conceived
             he
             was
             to
             be
             judged
             by
             the
             Laws
             and
             Customs
             of
             Ireland
             ,
             and
             not
             by
             the
             Laws
             and
             Customs
             of
             this
             Kingdom
             ;
             and
             that
             his
             Commission
             was
             to
             execue
             the
             place
             of
             Deputy
             ,
             according
             to
             the
             Laws
             and
             Customs
             of
             that
             Kingdom
             .
          
           
             That
             what
             hath
             been
             opened
             to
             their
             Lordships
             to
             be
             so
             extraordinary
             ,
             he
             must
             justifie
             as
             very
             ordinary
             ,
             frequent
             ,
             and
             usually
             exercised
             by
             the
             Customs
             of
             that
             Kingdom
             :
             That
             in
             all
             times
             the
             Army
             of
             Ireland
             ,
             and
             the
             Officers
             and
             Soldiers
             of
             it
             ,
             have
             been
             the
             chief
             hands
             in
             executing
             all
             the
             Justice
             of
             the
             Kingdom
             ,
             and
             of
             bringing
             that
             due
             obedience
             to
             the
             Kings
             authority
             ,
             that
             's
             necessary
             ,
             and
             fit
             ,
             and
             due
             .
          
           
             That
             if
             they
             had
             not
             been
             so
             used
             ,
             he
             thinks
             (
             those
             who
             know
             the
             State
             of
             Ireland
             will
             acknowledge
             )
             the
             King's
             Writs
             had
             never
             run
             in
             Ireland
             ,
             they
             being
             all
             executed
             by
             their
             Power
             and
             Assistance
             .
          
           
             First
             ,
             his
             Lordship
             undertook
             to
             make
             it
             appear
             ,
             that
             (
             in
             case
             of
             bringing
             in
             Rebels
             and
             Offendors
             of
             that
             nature
             ,
             and
             forcing
             them
             to
             come
             
             in
             )
             it
             had
             been
             the
             ordinary
             practice
             of
             the
             Deputy
             and
             Council
             ,
             before
             his
             time
             ,
             to
             Assess
             Soldiers
             ,
             not
             only
             on
             the
             party
             ,
             but
             the
             kindred
             of
             the
             partys
             ,
             till
             the
             party
             be
             brought
             in
             ,
             and
             yet
             it
             is
             no
             levying
             of
             War
             for
             all
             that
             .
          
           
             And
             because
             his
             Lordship
             heard
             much
             speaking
             of
             Rebels
             and
             Traitors
             ,
             he
             desired
             to
             represent
             to
             their
             Lordships
             ,
             what
             they
             be
             
               (
               viz.
            
             )
             a
             company
             of
             petit
             loose
             fellows
             that
             would
             be
             here
             apprehended
             by
             a
             Constable
             .
          
           
             Lord
             
               Robert
               Dillon
            
             was
             called
             for
             ,
             and
             my
             Lord
             of
             Strafford
             desired
             he
             
             might
             be
             asked
             ,
             whether
             it
             had
             not
             been
             the
             practice
             of
             the
             Deputy
             and
             Council
             ,
             to
             Assess
             Soldiers
             ,
             not
             only
             on
             the
             persons
             ,
             but
             the
             Septs
             and
             whole
             kindred
             of
             Rebels
             ?
          
           
             Here
             Mr.
             Palmer
             interposed
             ,
             that
             for
             saving
             of
             time
             ,
             if
             my
             Lord
             makes
             this
             the
             Case
             ,
             that
             Soldiers
             have
             been
             laid
             upon
             the
             Septs
             of
             Traitors
             or
             
             Rebels
             ,
             that
             lye
             out
             in
             Woods
             ,
             and
             esloigne
             themselves
             from
             the
             Kings
             protection
             ,
             whom
             they
             call
             Kernes
             ,
             Outlaws
             ,
             and
             Rebels
             ;
             they
             (
             the
             Committee
             )
             will
             admit
             the
             usage
             ,
             though
             it
             will
             not
             justifie
             the
             Case
             ,
             being
             expresly
             against
             Law
             ;
             for
             by
             a
             Stat.
             22
             
               Eliz.
               If
               any
               lye
               out
               as
               Traitors
               ,
               or
               Rebels
               ,
               five
               of
               the
               Sept
               that
               bears
               the
               Surname
               ,
               shall
               be
               Fined
               at
               the
               Council-Chamber
               ,
               but
               not
               have
               Soldiers
               laid
               on
               them
            
             ;
             and
             against
             a
             Statute
             there
             can
             be
             no
             Usuage
             .
          
           
             To
             which
             my
             Lord
             of
             Strafford
             answered
             ,
             And
             these
             are
             but
             ordinary
             
             fellows
             :
             And
             he
             desired
             their
             Lordships
             would
             clearly
             understand
             what
             is
             meant
             by
             Rebels
             ,
             for
             every
             petty
             fellow
             stealing
             Sheep
             ,
             and
             the
             like
             ,
             if
             the
             party
             be
             out
             in
             action
             ,
             they
             commonly
             term
             such
             Rebels
             .
          
           
             Robert
             Lord
             Dillon
             being
             asked
             ,
             whether
             ordinary
             fellows
             in
             Ireland
             ,
             passed
             not
             under
             the
             name
             of
             Rebels
             ?
          
           
             His
             Lordship
             Answered
             ,
             That
             touching
             this
             point
             he
             hath
             observed
             ,
             that
             when
             a
             party
             hath
             committed
             some
             Felony
             ,
             or
             unjustifiable
             
             Act
             ,
             and
             withdraws
             himself
             into
             the
             Woods
             ,
             a
             Proclamation
             is
             made
             ,
             for
             his
             coming
             in
             by
             such
             a
             time
             ,
             to
             render
             himselfamenable
             to
             the
             Law
             ;
             and
             if
             he
             then
             comes
             not
             in
             ,
             but
             keeps
             out
             ,
             in
             commmon
             reputation
             he
             is
             accounted
             a
             Traitor
             or
             Rebel
             .
          
           
             Sir
             
               Arthur
               Tyrringham
            
             being
             asked
             ,
             whether
             of
             his
             knowledge
             the
             Deputies
             
             and
             Council
             have
             not
             frequently
             Sessed
             Soldiers
             on
             Offenders
             and
             Rebels
             ,
             when
             they
             could
             not
             be
             brought
             forth
             to
             Justice
             ,
             and
             what
             is
             understood
             by
             a
             Rebel
             in
             Ireland
             .
          
           
             He
             Answered
             ,
             That
             it
             hath
             been
             the
             ordinary
             practice
             ever
             since
             he
             knew
             that
             Kingdom
             ,
             since
             my
             Lord
             of
             Faulklands
             being
             Deputy
             there
             ,
             and
             hath
             been
             ever
             practised
             there
             ,
             both
             by
             him
             ,
             and
             the
             Justices
             that
             came
             after
             him
             :
             That
             ordinary
             fellows
             be
             commonly
             reputed
             Rebels
             ,
             with
             this
             observation
             .
             It
             is
             true
             ,
             That
             every
             man
             is
             not
             a
             Rebel
             ,
             at
             his
             first
             going
             out
             ,
             though
             he
             be
             called
             so
             ;
             but
             the
             course
             is
             first
             to
             proclaim
             them
             ,
             and
             if
             
             they
             be
             not
             ameneable
             to
             Law
             ,
             they
             be
             Rebels
             ,
             and
             so
             they
             may
             be
             for
             Felonies
             of
             a
             very
             small
             value
             .
          
           
             To
             prove
             that
             most
             of
             the
             Kings
             Rents
             ,
             as
             well
             Exchequer
             Rents
             ,
             as
             Composition
             Rents
             ,
             have
             been
             levied
             by
             Soldiers
             in
             all
             the
             times
             of
             my
             Lord
             of
             Cork
             .
          
           
             My
             Lord
             of
             Strafford
             desired
             .
          
           
             
               Iohn
               Conley
            
             might
             be
             called
             for
             ;
             who
             being
             examined
             ,
             how
             long
             since
             he
             hath
             been
             in
             Ireland
             :
             and
             whether
             in
             his
             time
             the
             Rents
             were
             not
             col
             lected
             by
             the
             Soldiers
             and
             Officers
             of
             the
             Army
             ?
          
           
             He
             Answered
             to
             the
             First
             ,
             15
             years
             .
             To
             the
             Second
             ,
             That
             he
             remembers
             
             it
             very
             well
             ,
             that
             in
             my
             Lord
             Faulklands
             time
             ,
             it
             was
             an
             ordinary
             course
             ,
             where
             the
             Kings
             Rents
             were
             due
             ,
             to
             send
             some
             Horse
             and
             Horsemen
             ,
             and
             takeup
             these
             Rents
             ,
             and
             lye
             on
             them
             till
             they
             were
             collected
             and
             taken
             up
             .
             So
             in
             my
             Lord
             Grandisons
             time
             ,
             and
             in
             all
             Chichesters
             time
             ;
             and
             this
             is
             all
             he
             cansay
             .
          
           
             
               Henry
               Dillon
            
             was
             called
             ,
             And
             First
             my
             Lord
             of
             Strafford
             desired
             liberty
             
             to
             defend
             the
             credit
             of
             his
             Witness
             ,
             as
             to
             some
             exceptions
             taken
             to
             him
             the
             other
             day
             ,
             and
             offered
             the
             occasion
             of
             the
             Order
             of
             Council-Board
             made
             against
             him
             ,
             to
             be
             only
             this
             ;
             That
             he
             said
             ,
             he
             heard
             some
             such
             thing
             said
             ,
             and
             thereupon
             was
             commanded
             to
             make
             an
             acknowledgement
             ,
             and
             to
             this
             he
             was
             invited
             and
             perswaded
             by
             my
             Lord
             Dillon
             ,
             for
             quietness
             sake
             ,
             rather
             than
             he
             should
             be
             troubled
             about
             so
             small
             a
             matter
             ,
             and
             that
             being
             granted
             ,
             he
             supposed
             the
             Gentleman
             stood
             upright
             ,
             and
             was
             a
             competent
             Witness
             in
             this
             or
             any
             other
             cause
             .
             To
             which
             some
             of
             the
             Committee
             for
             the
             Commons
             answered
             ,
             That
             they
             except
             not
             against
             the
             hearing
             of
             him
             ,
             but
             offer
             to
             their
             Lordships
             memory
             his
             acknowledgement
             ,
             that
             he
             spake
             falsly
             ,
             as
             a
             weakening
             of
             his
             memory
             .
             And
             then
             ,
          
           
             
               Henry
               Dillon
            
             being
             asked
             ,
             Whether
             he
             knew
             not
             that
             the
             Exchequer
             and
             Composition
             Rents
             ,
             upon
             failing
             of
             payment
             ,
             have
             been
             levied
             by
             the
             Army
             ,
             on
             the
             appointment
             of
             the
             Deputy
             ,
             or
             chief
             Governor
             ?
          
           
             He
             Answered
             ,
             That
             he
             had
             known
             several
             Acquittances
             put
             into
             the
             hands
             of
             Sir
             
               Thomas
               Dutton
            
             ,
             for
             Rents
             due
             on
             certain
             parcels
             of
             Land
             in
             the
             County
             of
             Longford
             ,
             that
             were
             not
             paid
             into
             the
             Exchequer
             by
             a
             certain
             time
             ,
             for
             which
             a-fore-time
             ,
             Pursivants
             issued
             out
             against
             the
             Tenants
             ;
             that
             himself
             was
             one
             of
             the
             Tenants
             ,
             and
             being
             out
             of
             Town
             ,
             Sir
             
               Thomas
               Dillon
            
             seized
             three
             of
             his
             Horses
             ,
             at
             his
             the
             said
             Dillons
             House
             ,
             and
             there
             they
             remained
             till
             he
             came
             to
             Town
             for
             13
             s.
             4
             d.
             
          
           
             This
             being
             in
             the
             time
             of
             my
             Lord
             of
             Corke
             and
             my
             Lord
             of
             Ely
             being
             Justices
             .
          
           
             Being
             asked
             ,
             as
             to
             the
             Contribution
             and
             Composition-Rents
             ?
          
           
             He
             Answered
             ,
             That
             some
             years
             before
             that
             ,
             in
             my
             Lord
             Faulklands
             time
             when
             he
             lived
             in
             the
             County
             of
             Longford
             ,
             that
             were
             not
             paid
             ,
             he
             remembers
             30000
             l.
             was
             granted
             on
             the
             coming
             of
             Sir
             
               Iohn
               B.
            
             —
             into
             the
             Kingdom
             of
             Ireland
             ,
             and
             afterwards
             ,
             Sixscore
             
             thousand
             pound
             toward
             ,
             maintaining
             of
             the
             Kings
             Army
             ,
             and
             there
             was
             a
             Troop
             of
             Horse
             of
             Sir
             Robert
             —
             sent
             into
             the
             County
             of
             —
             But
             he
             knows
             not
             whether
             this
             be
             the
             Money
             called
             Contribution-Money
             ;
             That
             he
             was
             then
             Sheriff
             of
             that
             County
             ,
             and
             had
             direction
             sent
             to
             Sesse
             the
             Soldiers
             on
             them
             that
             refused
             to
             pay
             the
             Money
             .
             That
             at
             that
             time
             he
             conceived
             that
             was
             not
             so
             fully
             understood
             by
             the
             Countrey
             ,
             that
             they
             should
             have
             paid
             it
             ,
             and
             himself
             and
             others
             did
             except
             against
             it
             ;
             conceiving
             the
             Money
             was
             not
             granted
             farther
             ,
             than
             as
             they
             would
             willingly
             pay
             .
             And
             Valerian
             —
             on
             the
             Statute
             urged
             ,
             of
             assessing
             Soldiers
             ,
             refused
             to
             Assess
             Soldiers
             on
             the
             Warrant
             of
             my
             Lord
             of
             Faulkland
             ;
             and
             thereon
             was
             sent
             for
             to
             the
             Castle
             ,
             the
             Soldiers
             sent
             to
             his
             house
             and
             remained
             there
             ,
             as
             long
             as
             he
             had
             Provision
             ;
             and
             after
             that
             ,
             from
             his
             house
             they
             were
             assessed
             on
             several
             Delinquents
             ,
             as
             the
             Soldiers
             pleased
             to
             Billet
             themselves
             ;
             and
             the
             Foot-Company
             of
             Sir
             
               Arthur
               Tyrringham
            
             was
             then
             in
             that
             County
             .
             And
             one
             night
             he
             remembers
             ,
             25
             were
             Assessed
             on
             his
             own
             house
             ,
             because
             he
             did
             not
             pay
             the
             Money
             :
             but
             he
             remembers
             not
             any
             thing
             of
             the
             Composition-Rents
             .
          
           
             Being
             asked
             whether
             he
             had
             not
             seen
             a
             Warrant
             to
             this
             purpose
             ,
             subscribed
             by
             the
             Chief
             Governor
             ?
          
           
             He
             Answered
             ,
             That
             being
             Sheriff
             of
             the
             County
             of
             Longford
             in
             1634.
             or
             1633.
             there
             were
             Warrants
             directed
             from
             my
             Lord
             of
             Cork
             ,
             and
             my
             Lord
             Chancellor
             ,
             and
             he
             thinks
             under
             the
             hands
             of
             the
             rest
             of
             the
             Lords
             of
             the
             Board
             ,
             for
             levying
             Moneys
             allotted
             to
             the
             Soldiers
             ,
             and
             he
             had
             three
             Warrants
             himself
             ,
             and
             by
             virtue
             thereof
             levied
             Money
             ,
             and
             paid
             the
             Money
             to
             the
             Troops
             there
             ,
             under
             the
             hands
             of
             my
             Lord
             of
             Cork
             ,
             and
             Lord
             of
             Ely
             ,
             and
             the
             Council
             .
          
           
             Sir
             
               Arthur
               Tyrringham
            
             being
             asked
             whether
             he
             had
             not
             received
             Order
             ,
             
             with
             a
             Warrant
             ,
             for
             attaching
             a
             person
             in
             case
             of
             Debt
             ,
             and
             for
             laying
             Soldiers
             on
             him
             in
             case
             he
             paid
             it
             not
             ,
             and
             who
             was
             the
             person
             ?
          
           
             He
             Answered
             ,
             That
             he
             had
             ;
             And
             the
             Sheriff
             of
             the
             County
             brought
             the
             Warrant
             from
             my
             Lord
             of
             Faulkland
             ,
             to
             lay
             some
             of
             his
             Men
             on
             a
             Debtor
             there
             ,
             till
             he
             paid
             the
             debt
             ;
             ;
             That
             these
             Soldiers
             were
             laid
             ,
             being
             under
             his
             command
             ,
             and
             stayed
             till
             the
             Debt
             was
             paid
             ,
             at
             the
             charge
             of
             the
             party
             ;
             and
             he
             tells
             this
             particular
             in
             it
             ,
             that
             makes
             him
             remember
             the
             whole
             circumstance
             :
             The
             debt
             was
             very
             small
             ,
             not
             above
             16
             or
             20
             s.
             The
             Sheriff
             bringing
             him
             this
             Warrant
             ,
             he
             did
             not
             a
             little
             wonder
             at
             the
             matter
             ,
             to
             require
             Soldiers
             for
             levying
             such
             a
             sum
             .
             But
             it
             was
             then
             so
             ordinary
             and
             frequent
             ,
             that
             it
             was
             seldom
             denied
             on
             any
             reasonable
             occasion
             :
             the
             Men
             stayed
             there
             some
             8
             or
             10
             days
             ,
             when
             the
             party
             had
             enough
             ,
             he
             sends
             to
             him
             the
             said
             Arthur
             ,
             to
             recall
             the
             men
             ;
             that
             he
             told
             him
             he
             would
             ,
             if
             he
             the
             said
             party
             had
             satisfied
             the
             Money
             ;
             the
             party
             answered
             ,
             he
             had
             not
             yet
             ,
             but
             he
             would
             ;
             that
             he
             the
             said
             Sir
             Arthur
             told
             him
             ,
             what
             a
             strange
             man
             are
             you
             ,
             that
             will
             keep
             a
             charge
             on
             
             your self
             ?
             where
             ,
             if
             you
             had
             paid
             it
             the
             first
             hour
             ,
             I
             would
             have
             withdrawn
             the
             Men.
             
          
           
             Why
             ,
             sayes
             he
             ?
             I
             do
             not
             care
             for
             giving
             half
             a
             score
             Men
             a
             Meales
             Meat
             .
          
           
             Being
             Asked
             (
             on
             Mr.
             Palmers
             motion
             )
             Whether
             it
             was
             a
             Debt
             between
             party
             and
             party
             ,
             or
             the
             Kings
             Debt
             ?
          
           
             He
             Answered
             ,
             He
             could
             not
             tell
             :
             But
             ,
             the
             Sheriffs
             name
             was
             Fleming
             .
          
           
             Being
             Asked
             ,
             Under
             whose
             hand
             was
             the
             Warrant
             ?
          
           
             He
             Answered
             ,
             Under
             my
             Lord
             of
             Faulklands
             Hand
             ,
             otherwise
             he
             would
             have
             levied
             no
             Money
             .
          
           
             Lord
             Rainalaugh
             being
             Asked
             ,
             Whether
             before
             my
             Lord
             of
             Straffords
             
             coming
             into
             Ireland
             ,
             the
             Kings
             Debts
             and
             Rents
             ,
             as
             well
             Exchequer
             as
             Composition-Money
             ,
             were
             not
             raised
             by
             Assessing
             of
             Soldiers
             ?
          
           
             He
             Answered
             ,
             That
             he
             remembers
             in
             the
             Lord
             Justices
             time
             ,
             my
             Lord
             of
             Corke
             ,
             and
             Lord
             of
             Ely
             (
             the
             Kings
             Rents
             being
             slowly
             paid
             in
             )
             they
             did
             usually
             give
             Acquittances
             out
             of
             the
             Exchequer
             ,
             to
             the
             Captains
             and
             Officers
             of
             the
             several
             Companies
             ;
             and
             ,
             if
             they
             were
             not
             paid
             by
             some
             time
             limitted
             ,
             and
             if
             the
             Sheriff
             ,
             or
             the
             Collector
             ,
             did
             not
             bring
             in
             the
             Money
             ,
             the
             last
             resort
             was
             to
             fall
             on
             the
             Defaulters
             ,
             by
             assessing
             Soldiers
             on
             them
             ,
             and
             there
             to
             lie
             till
             the
             Money
             was
             paid
             .
          
           
             Here
             my
             Lord
             of
             Strafford
             ,
             conceiving
             he
             had
             spoken
             of
             Contribution
             and
             Composition-Rents
             ,
             desired
             my
             Lord
             Rainalaugh
             might
             Repeat
             what
             he
             said
             .
          
           
             Thereupon
             his
             Lordship
             Answered
             ,
             That
             he
             thought
             what
             he
             said
             he
             was
             sure
             of
             ,
             and
             might
             justly
             say
             :
             That
             for
             the
             Exchequer-Rents
             ,
             and
             Contribution
             Payments
             (
             for
             the
             Compositions
             he
             would
             say
             nothing
             )
             the
             course
             was
             this
             .
             That
             for
             the
             Exchequer-Rents
             ,
             the
             Vice-Treasurer
             gave
             out
             his
             Acquittances
             ,
             These
             were
             assigned
             to
             some
             Captains
             ,
             whose
             turn
             it
             was
             for
             Payment
             ,
             and
             they
             ,
             accompanied
             with
             a
             Warrant
             from
             the
             Deputies
             ,
             to
             constrain
             the
             payment
             by
             some
             few
             Soldiers
             .
          
           
             Hereupon
             my
             Lord
             of
             Strafford
             Observed
             ;
             That
             this
             Cause
             would
             seem
             
             strange
             in
             England
             .
          
           
             And
             whereas
             my
             Lord
             Rainalaugh
             spake
             of
             Contribution-Money
             ,
             Mr.
             
             Palmer
             humbly
             desired
             ,
             he
             might
             be
             Asked
             ,
             Whether
             the
             raising
             of
             it
             by
             Soldiers
             ,
             was
             not
             so
             agreed
             to
             in
             the
             Countrey
             ?
             For
             my
             Lord
             of
             Straffords
             own
             Answer
             sayes
             ,
             The
             Countrey
             choose
             rather
             ,
             that
             on
             Delinquency
             it
             should
             be
             so
             levied
             than
             otherwise
             ;
             And
             ,
             if
             it
             be
             by
             consent
             ,
             the
             force
             of
             the
             Statute
             is
             taken
             away
             .
          
           
           
             My
             Lord
             Rainalaugh
             being
             Asked
             accordingly
             ?
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             had
             already
             spoken
             to
             that
             purpose
             ,
             and
             he
             believed
             ,
             some
             of
             the
             Committee
             that
             were
             there
             had
             the
             particular
             Instance
             to
             produce
             .
          
           
             Being
             required
             to
             name
             them
             in
             whose
             hands
             it
             was
             ;
             His
             Lordship
             said
             ,
             In
             Mr.
             Plunkets
             ,
             or
             Mr.
             Brown.
             
          
           
             Being
             Asked
             ,
             When
             this
             course
             began
             ?
          
           
             He
             Answered
             ,
             He
             did
             not
             remember
             the
             time
             ;
             but
             ,
             he
             thought
             ,
             in
             1628.
             on
             certain
             of
             the
             Agents
             out
             of
             England
             .
          
           
             My
             Lord
             of
             Strafford
             did
             here
             offer
             ,
             That
             if
             he
             might
             have
             Read
             the
             Antient
             Book
             in
             my
             Lord
             Faulklands
             time
             ,
             he
             could
             have
             showed
             Sir
             Tho.
             
             Wayneman
             sent
             up
             and
             down
             ,
             to
             this
             and
             that
             County
             ,
             to
             fetch
             in
             the
             Composition-Rents
             ,
             and
             that
             they
             have
             been
             thus
             levyed
             .
          
           
             His
             Lordship
             added
             ,
             That
             the
             next
             Point
             he
             should
             have
             endeavoured
             to
             prove
             ,
             was
             ,
             That
             the
             Gentry
             that
             granted
             the
             Six
             score
             thousand
             pounds
             for
             Supply
             of
             the
             Army
             in
             my
             Lord
             Faulklands
             time
             ,
             agreed
             ,
             That
             the
             same
             should
             not
             be
             brought
             into
             the
             Kings
             Exchequer
             ,
             but
             be
             levyed
             by
             Soldiers
             :
             nor
             be
             mentioned
             in
             any
             Accompt
             of
             the
             Kings
             ,
             least
             it
             should
             be
             mentioned
             to
             their
             prejudice
             :
             but
             ,
             let
             the
             Gentlemen
             that
             manages
             the
             Evidence
             ,
             labour
             to
             prove
             this
             .
          
           
             And
             Mr.
             Palmer
             declared
             again
             ,
             That
             they
             agreed
             to
             it
             .
          
           
             Whence
             my
             Lord
             of
             Strafford
             observed
             ,
             That
             it
             concerned
             him
             both
             to
             
             make
             good
             the
             truth
             of
             his
             Answer
             ,
             and
             to
             tell
             their
             Lordships
             ,
             how
             narrowly
             he
             is
             moved
             to
             look
             to
             himself
             ;
             for
             ,
             though
             they
             now
             agree
             it
             to
             be
             done
             by
             the
             Agents
             ,
             and
             practised
             by
             them
             ,
             yet
             the
             first
             part
             of
             this
             Killing
             Charge
             is
             ,
             That
             he
             should
             Traiterously
             and
             Wickedly
             devise
             ,
             to
             subdue
             the
             Subjects
             of
             that
             Realm
             ,
             by
             levying
             Money
             on
             them
             .
          
           
             But
             Mr.
             Palmer
             explained
             himself
             ;
             That
             they
             did
             admit
             the
             Contribution
             
             to
             be
             levied
             by
             the
             Agreement
             of
             the
             Agents
             ,
             and
             by
             consent
             ,
             but
             they
             intend
             not
             to
             admit
             ,
             that
             it
             did
             extend
             to
             a
             practice
             by
             his
             Predecessors
             ,
             for
             that
             it
             was
             formerly
             done
             ,
             they
             did
             in
             no
             sort
             admit
             .
          
           
             And
             Mr.
             Pym
             added
             ,
             That
             they
             do
             not
             Charge
             him
             with
             levying
             the
             Contribution
             Money
             ,
             but
             with
             levying
             Money
             after
             the
             Contribution
             ,
             was
             
             paid
             ,
             which
             was
             more
             than
             the
             Contribution
             ,
             but
             that
             is
             not
             in
             issue
             .
          
           
             So
             my
             Lord
             of
             Strafford
             concluded
             that
             Point
             ;
             That
             the
             Contribution
             ,
             for
             eight
             years
             before
             his
             coming
             ,
             was
             levied
             by
             Soldiers
             ,
             is
             admitted
             ;
             So
             that
             for
             all
             the
             things
             concerning
             that
             Contribution
             ,
             he
             did
             no
             more
             than
             was
             agreeable
             to
             the
             Agents
             themselves
             .
          
           
             His
             Lordship
             then
             desired
             ,
             That
             the
             Second
             Article
             of
             my
             Lord
             of
             Faulklands
             Instructions
             might
             be
             Read
             ,
             by
             which
             he
             was
             expresly
             appointed
             to
             lay
             Soldiers
             on
             such
             ,
             as
             paid
             not
             their
             Rent
             to
             the
             King.
             
          
           
             And
             it
             was
             Read.
             
          
           
           
             
               ARTICLE
               II.
               
                 FOr
                 the
                 Collection
                 of
                 our
                 Rents
                 ,
                 in
                 Cases
                 of
                 Default
                 ;
                 That
              
               First
               
                 a
                 Summoning
                 Process
                 shall
                 Issue
              
               :
               Secondly
               ,
               
                 The
                 Pursivant
                 sent
                 :
                 And
              
               Lastly
               ,
               
                 if
                 this
                 be
                 not
                 sufficient
                 (
                 in
                 case
                 the
                 same
                 be
                 not
                 levyed
                 )
                 then
                 our
                 Vice-Treasurer
                 ,
                 by
              
               Warrant
               
                 of
                 our
                 Deputy
                 and
                 Council
                 ,
                 shall
                 appoint
                 a
                 competent
                 number
                 of
                 Soldiers
                 of
                 the
                 next
                 Ayding
                 ,
                 and
                 Garrison
                 ,
                 to
                 collect
                 the
                 Rents
                 of
                 the
                 charge
                 of
                 the
                 Parties
                 complained
                 of
                 ;
                 having
                 care
                 ,
                 that
                 no
                 man
                 be
                 burdened
                 with
                 a
                 greater
                 number
                 of
                 Soldiers
                 ,
                 than
                 the
                 Service
                 shall
                 necessarily
                 require
                 .
              
            
          
           
             Mr.
             Palmer
             desiring
             ,
             That
             the
             first
             Article
             of
             these
             Instructions
             might
             be
             Read
             ,
             it
             was
             read
             accordingly
             .
             
          
           
             
               AT
               the
               humble
               Request
               of
               our
               Subjects
               ,
               We
               are
               graciously
               pleas'd
               to
               direct
               ,
               for
               the
               better
               preservation
               and
               ease
               of
               our
               Subjects
               ,
               the
               Soldiers
               shall
               be
               called
               in
               ,
            
             &c.
             
          
           
             My
             Lord
             of
             Strafford
             from
             his
             Proofes
             inferred
             ,
             That
             he
             had
             made
             it
             
             clearly
             appear
             ,
             That
             ,
             notwithstanding
             the
             Statute
             cited
             ,
             it
             had
             been
             the
             frequent
             use
             and
             custome
             of
             Ireland
             ,
             to
             assess
             Soldiers
             on
             Septs
             of
             Offenders
             ,
             for
             the
             levying
             of
             Exchequer-rents
             ,
             levying
             Debts
             ,
             as
             appears
             in
             one
             particular
             Case
             which
             is
             left
             in
             Dublin
             ,
             for
             the
             levying
             of
             the
             Composition
             Rents
             by
             Troops
             of
             Horse
             and
             Horsemen
             ;
             and
             for
             the
             Contribution
             ,
             that
             State
             gives
             no
             difference
             ,
             betwixt
             sessing
             for
             the
             Kings
             Rents
             ,
             and
             for
             contempts
             and
             disobedience
             to
             Justice
             ,
             and
             certainly
             it
             would
             be
             High-Treason
             :
             for
             ,
             if
             the
             Deputy
             had
             power
             to
             assess
             the
             Soldiers
             ,
             without
             being
             guilty
             in
             the
             former
             Case
             ,
             certainly
             his
             assessing
             of
             Soldiers
             on
             Contemners
             ,
             to
             bring
             them
             to
             be
             ameneable
             to
             the
             Kings
             Justice
             ,
             cannot
             be
             by
             any
             construction
             made
             Treason
             in
             him
             :
             So
             that
             though
             it
             comes
             not
             to
             the
             particular
             individuum
             ,
             yet
             it
             comes
             thus
             far
             ,
             that
             sessing
             of
             the
             Soldiers
             is
             a
             power
             that
             was
             in
             the
             Deputies
             of
             Ireland
             ,
             and
             so
             he
             trusts
             was
             by
             the
             Law
             of
             that
             Land
             ,
             without
             making
             them
             Traytors
             .
          
           
             His
             Lordship
             did
             further
             alleadg
             ,
             That
             when
             he
             came
             into
             Ireland
             ,
             he
             found
             that
             none
             of
             the
             Kings
             Rents
             were
             levyed
             in
             other
             manner
             ;
             Paper-Attachments
             being
             given
             unto
             the
             Captains
             ,
             and
             they
             ,
             on
             these
             assignements
             ,
             levying
             the
             Money
             for
             their
             Entertainments
             :
             that
             he
             was
             willing
             to
             remedy
             this
             ,
             being
             not
             much
             in
             love
             with
             the
             course
             ;
             and
             ,
             since
             his
             time
             ,
             it
             was
             never
             practised
             ,
             the
             Rents
             being
             brought
             in
             before
             it
             comes
             to
             that
             ;
             though
             if
             they
             had
             not
             been
             paid
             sooner
             ,
             it
             must
             have
             come
             to
             that
             :
             And
             therefore
             he
             desired
             he
             might
             show
             them
             a
             Proclamation
             ,
             Issued
             within
             three
             months
             after
             he
             came
             into
             Ireland
             ,
             to
             show
             ,
             that
             he
             brought
             not
             the
             Custom
             with
             him
             ,
             but
             found
             it
             there
             .
          
           
             Which
             Proclamation
             was
             Read
             ,
             being
             Dated
             27
             th
             December
             ,
             1633.
             
             And
             Imported
             .
          
           
             
               THat
               whereas
               the
               Surplusage
               of
               his
               Majesties
               Revenue
               is
               appointed
               to
               be
               applyed
               towards
               the
               Payment
               of
               the
               Army
               ,
               thereby
               to
               give
               the
               Countrey
               more
               ease
               ,
            
             &c.
             
          
           
           
             To
             which
             Proclamation
             divers
             of
             the
             Counsellors
             Names
             were
             added
             ,
             and
             were
             now
             Read.
             
          
           
             So
             that
             if
             Sessing
             of
             Soldiers
             ,
             in
             any
             case
             ,
             be
             Treason
             ,
             certainly
             it
             is
             in
             this
             ;
             Posito
             ,
             That
             if
             the
             Law
             be
             good
             ,
             it
             equally
             goes
             to
             both
             .
          
           
             And
             so
             he
             conceives
             he
             hath
             shewed
             the
             use
             that
             hath
             been
             ,
             and
             must
             be
             of
             the
             Officers
             of
             the
             Army
             ,
             being
             the
             most
             ready
             way
             to
             procure
             obedience
             to
             the
             Kings
             Courts
             .
          
           
             His
             Lordship
             observed
             ,
             That
             the
             Gentlemen
             at
             the
             Barr
             waved
             part
             of
             his
             Charge
             ,
             though
             there
             was
             a
             Book
             in
             Print
             ,
             wherein
             he
             appears
             to
             be
             charged
             in
             a
             Trayterous
             manner
             ,
             to
             subdue
             ,
             &c.
             
          
           
             He
             waves
             the
             Article
             .
          
           
             And
             though
             they
             decline
             it
             ,
             he
             besought
             their
             Lordships
             he
             might
             give
             an
             Account
             of
             this
             particular
             ,
             least
             it
             should
             stick
             with
             their
             Lordships
             ,
             when
             they
             read
             the
             Article
             ,
             and
             find
             no
             Answer
             to
             it
             .
          
           
             But
             the
             Committee
             opposed
             it
             ,
             as
             conceiving
             it
             not
             fit
             he
             should
             Answer
             to
             an
             Article
             to
             which
             he
             was
             not
             pressed
             (
             specially
             since
             they
             have
             not
             wholly
             laid
             it
             aside
             )
             and
             that
             he
             had
             notice
             yesterday
             ,
             that
             they
             intended
             not
             ,
             for
             the
             present
             ,
             to
             proceed
             upon
             it
             ;
             which
             my
             Lord
             of
             Strafford
             confessed
             ,
             and
             gave
             thanks
             to
             the
             House
             of
             Commons
             for
             it
             .
          
           
             His
             Lordship
             then
             proceeded
             in
             his
             Defence
             ,
             setting
             forth
             to
             their
             Lordships
             ,
             That
             the
             first
             Instruction
             to
             my
             Lord
             of
             Faulkland
             is
             no
             limitation
             to
             him
             ,
             it
             being
             not
             good
             ,
             as
             to
             him
             ,
             unless
             it
             were
             given
             him
             ,
             which
             he
             mentions
             onely
             by
             the
             way
             .
          
           
             For
             the
             Warrants
             charged
             to
             be
             by
             him
             Issued
             ,
             and
             the
             Execution
             of
             them
             ,
             His
             Lordship
             desires
             to
             free
             himself
             from
             the
             Testimony
             given
             by
             Mr.
             Berne
             and
             Mr.
             Kennedy
             ,
             concerning
             a
             very
             foul
             misdemeanour
             committed
             by
             some
             Soldiers
             ,
             under
             pretence
             of
             coming
             to
             see
             the
             Kings
             Writ
             executed
             ,
             and
             his
             Justice
             complyed
             withal
             ,
             before
             he
             comes
             to
             that
             ,
             that
             concerns
             Mr.
             Savill
             .
          
           
             1.
             
             It
             appears
             ,
             these
             Soldiers
             were
             laid
             when
             he
             was
             not
             in
             Ireland
             ;
             so
             that
             he
             is
             not
             answerable
             to
             any
             thing
             Deposed
             by
             these
             Gentlemen
             ,
             further
             than
             that
             he
             gave
             a
             Warrant
             for
             it
             to
             Mr.
             Pigott
             .
          
           
             II.
             He
             denies
             that
             ever
             Pigott
             had
             any
             such
             Warrant
             from
             him
             ,
             nor
             is
             any
             Proofe
             to
             that
             purpose
             offered
             :
             Therefore
             it
             is
             not
             to
             be
             laid
             to
             his
             Accompt
             .
          
           
             III.
             Only
             
               Patrick
               Clear
            
             (
             sayes
             Pigott
             )
             threatned
             to
             lay
             Soldiers
             on
             some
             if
             they
             would
             not
             obey
             :
             but
             ,
             because
             he
             threatned
             ,
             therefore
             he
             had
             such
             a
             Warrant
             ,
             is
             (
             under
             favour
             )
             no
             consequence
             ;
             men
             commonly
             threaten
             most
             ,
             when
             they
             have
             least
             to
             shew
             .
          
           
             IV.
             Mr.
             Kenneday
             sayes
             directly
             ,
             Pigott
             had
             done
             what
             he
             did
             by
             direction
             ;
             but
             ,
             in
             express
             termes
             ,
             he
             sayes
             ,
             He
             never
             saw
             the
             Warrant
             .
          
           
             Then
             there
             remained
             only
             Mr.
             
             Savill's
             Warrant
             .
          
           
           
             This
             Warrant
             is
             not
             showed
             ,
             nor
             comes
             it
             in
             Judgment
             against
             him
             :
             and
             though
             some
             Testimonies
             are
             given
             ,
             that
             they
             have
             seen
             such
             a
             Warrant
             ,
             for
             Assessing
             Soldiers
             ,
             &c.
             yet
             he
             conceives
             it
             very
             hard
             ,
             That
             the
             Warrant
             should
             be
             the
             ground
             of
             convincing
             him
             of
             Treason
             ,
             and
             yet
             the
             Warrant
             not
             be
             shown
             ,
             for
             what
             the
             grounds
             are
             ,
             and
             what
             the
             Limitations
             may
             be
             do
             not
             appear
             :
             And
             ,
             if
             there
             were
             such
             a
             Warrant
             ,
             it
             is
             long
             since
             it
             passed
             from
             him
             ;
             But
             ,
             it
             is
             not
             shown
             ;
             and
             therefore
             to
             convince
             him
             in
             
               modo
               &
               formâ
            
             is
             very
             hard
             to
             be
             done
             ;
             for
             what
             may
             be
             in
             it
             to
             qualifie
             ,
             or
             what
             amiss
             ,
             no
             body
             knows
             .
             But
             ,
             to
             the
             Proofs
             ,
             his
             Lordship
             observed
             ,
             That
             the
             Proofs
             are
             very
             scant
             ;
             This
             great
             Mighty
             War
             made
             on
             the
             King
             and
             his
             People
             ,
             in
             breach
             of
             the
             Statute
             cited
             ,
             is
             one
             of
             the
             Poorest
             Wars
             that
             ever
             was
             made
             in
             Christendome
             ;
             for
             ,
             last
             Summer
             ,
             one
             sayes
             ,
             he
             knew
             Soldiers
             laid
             on
             one
             man.
             
          
           
             The
             Sergeant
             sayes
             ,
             He
             never
             laid
             above
             6
             ,
             sometimes
             2
             ,
             sometimes
             3
             ;
             and
             that
             this
             should
             be
             heightned
             to
             the
             making
             of
             a
             War
             against
             the
             King
             and
             his
             People
             ,
             seems
             to
             be
             a
             very
             great
             strain
             put
             upon
             it
             ,
             and
             more
             he
             hopes
             than
             the
             matter
             will
             bear
             .
          
           
             That
             it
             was
             never
             complained
             of
             to
             him
             ,
             all
             the
             while
             he
             was
             in
             Ireland
             ,
             in
             respect
             of
             any
             manner
             of
             prejudice
             sustained
             by
             it
             .
          
           
             That
             if
             there
             be
             such
             a
             Warrant
             ,
             he
             is
             glad
             it
             hath
             been
             so
             moderately
             Executed
             ,
             that
             no
             worse
             consequence
             hath
             come
             of
             it
             ,
             than
             their
             Lordships
             have
             heard
             .
          
           
             But
             ,
             he
             shall
             make
             it
             appear
             ,
             that
             the
             Sergeant
             at
             Armes
             is
             a
             publick
             Officer
             ;
             and
             ,
             what
             Warrant
             soever
             he
             hath
             from
             him
             ,
             it
             is
             not
             in
             relation
             to
             him
             ,
             but
             to
             the
             execution
             and
             procuring
             obedience
             to
             all
             other
             the
             Kings
             Courts
             of
             Justice
             ,
             as
             well
             as
             those
             of
             the
             Deputies
             Jurisdiction
             ;
             and
             ,
             it
             was
             onely
             to
             enable
             him
             the
             better
             to
             secure
             the
             Kings
             Right
             :
             And
             he
             desired
             ,
             that
             
               Nicolas
               Ardah
            
             be
             examined
             ,
             Whether
             he
             be
             not
             an
             Officer
             of
             the
             Exchequer
             in
             Ireland
             ,
             and
             whether
             he
             knows
             of
             any
             particular
             Sessing
             of
             Soldiers
             by
             the
             Sergeant
             at
             Armes
             ,
             before
             my
             Lord
             of
             Straffords
             Government
             ?
             And
             being
             Askt
             severally
             these
             Questions
             ;
          
           
             He
             Answered
             ,
             To
             the
             first
             ;
             That
             he
             hath
             some
             Imployment
             in
             the
             
             Exchequer
             ,
             and
             was
             imployed
             in
             a
             Commission
             of
             Church-bounds
             .
          
           
             And
             ,
             that
             about
             the
             Second
             Year
             of
             His
             Majesties
             Reign
             ,
             there
             was
             one
             
               Tho.
               Fitzgerard
            
             High
             Sheriff
             of
             a
             County
             ,
             that
             had
             not
             perfected
             his
             Accompts
             ,
             and
             not
             appeared
             to
             the
             Pursivant
             ;
             The
             Lord
             Chancellor
             that
             now
             is
             ,
             desired
             the
             rest
             to
             assist
             him
             to
             move
             my
             Lord
             of
             Faulkland
             to
             lay
             Horse
             on
             him
             ;
             And
             that
             the
             Party
             was
             brought
             in
             within
             a
             short
             time
             after
             ;
             but
             ,
             whether
             by
             Soldiers
             ,
             he
             knows
             not
             ;
             but
             he
             heard
             there
             was
             a
             Warrant
             .
          
           
             Mr.
             Savill
             being
             Asked
             ,
             Whether
             the
             Warrant
             to
             him
             granted
             was
             not
             agreeable
             to
             former
             Precedents
             ?
          
           
             He
             Answered
             ,
             That
             he
             never
             saw
             any
             other
             Warrant
             of
             the
             same
             Nature
             :
             
             but
             ,
             he
             hath
             heard
             by
             him
             that
             was
             his
             Predecessor
             (
             now
             a
             Captain
             of
             the
             Army
             )
             that
             he
             had
             received
             a
             Warrant
             from
             my
             Lord
             of
             Faulkland
             ,
             to
             Sess
             Soldiers
             on
             the
             Land
             of
             
               Tho.
               Fitzgerard
            
             ,
             who
             had
             refused
             to
             come
             to
             pass
             Accompts
             .
          
           
           
             Mr.
             
               Henry
               Dillon
            
             being
             Asked
             ,
             Whether
             he
             knew
             of
             any
             such
             Warrant
             formerly
             granted
             ?
             And
             what
             Relation
             the
             Sergeant
             at
             Armes
             hath
             to
             other
             
             Courts
             ?
          
           
             He
             Answered
             ,
             That
             he
             conceives
             ,
             the
             Sergeant
             at
             Armes
             is
             an
             Officer
             ,
             as
             well
             to
             the
             Court
             of
             Exchequer
             ,
             as
             to
             the
             Chancery
             ,
             on
             the
             last
             Process
             of
             Contempt
             .
             The
             last
             Process
             is
             a
             Writ
             to
             the
             Sergeant
             ,
             to
             Attach
             a
             Man
             ,
             whether
             betwixt
             party
             and
             party
             ,
             or
             concerning
             the
             King
             ;
             and
             that
             he
             had
             spoken
             with
             Thimbleby
             ,
             Sergeant
             at
             Armes
             ,
             whether
             he
             did
             so
             in
             his
             own
             right
             ,
             or
             as
             Deputy
             ?
             And
             Asking
             him
             ,
             What
             he
             would
             do
             if
             the
             Warrant
             was
             disobey'd
             ?
             and
             he
             pretended
             he
             would
             Assess
             Soldiers
             ;
             and
             being
             a
             Scholar
             at
             —
             23
             years
             ,
             he
             heard
             one
             had
             Soldiers
             sessed
             on
             him
             for
             disobedience
             to
             the
             Sergeant
             at
             Armes
             ;
             but
             ,
             what
             the
             particular
             was
             he
             doth
             not
             know
             .
          
           
             Here
             Mr.
             Palmer
             speaking
             some
             words
             ,
             which
             my
             Lord
             of
             Strafford
             interpreted
             
             an
             Interruption
             ;
             his
             Lordship
             desired
             ,
             That
             no
             hasty
             words
             might
             be
             misinterpreted
             ,
             he
             being
             for
             his
             Life
             and
             Children
             ;
             and
             added
             ,
             The
             Gentlemen
             will
             do
             well
             not
             to
             put
             him
             out
             of
             his
             way
             ,
             but
             let
             him
             speak
             the
             poor
             few
             things
             he
             can
             for
             himself
             ,
             and
             then
             leave
             them
             to
             their
             Lordships
             wisdom
             .
             And
             then
             proceeded
             .
          
           
             So
             he
             supposed
             there
             could
             be
             no
             such
             severe
             construction
             put
             upon
             this
             Warrant
             ,
             that
             it
             should
             be
             adjudged
             a
             levying
             of
             War
             against
             the
             King
             and
             his
             People
             ,
             when
             it
             appeares
             to
             be
             the
             using
             of
             half
             a
             dozen
             ,
             sometimes
             two
             or
             three
             Soldiers
             to
             lye
             on
             refractory
             persons
             ,
             and
             bring
             them
             to
             be
             conformable
             to
             Justice
             ;
             that
             the
             Kings
             Law
             might
             be
             obeyed
             ,
             without
             any
             Treasonable
             or
             corrupt
             intention
             whatsoever
             :
             And
             ,
             he
             hopes
             their
             Lordships
             will
             have
             a
             more
             favourable
             and
             compassionate
             consideration
             ,
             than
             to
             Judge
             him
             a
             Traytor
             for
             such
             a
             piece
             of
             business
             ,
             accompanied
             with
             all
             these
             circumstances
             .
          
           
             But
             he
             added
             ,
             That
             some
             wayes
             he
             is
             more
             qualified
             then
             an
             ordinary
             person
             ,
             by
             reason
             he
             had
             the
             honor
             to
             be
             His
             Majesties
             Deputy
             ;
             and
             ,
             by
             His
             Commission
             ,
             had
             power
             to
             pursue
             Rebels
             ,
             and
             to
             use
             the
             Kings
             Army
             for
             punishing
             of
             Rebels
             ,
             or
             securing
             the
             Publick
             Peace
             of
             the
             Realm
             ,
             as
             in
             his
             discretion
             he
             should
             think
             fit
             ;
             and
             ,
             that
             he
             conceives
             ,
             a
             Warrant
             ,
             though
             there
             had
             been
             no
             President
             in
             the
             Case
             (
             but
             with
             these
             accompany'd
             )
             cannot
             be
             laid
             on
             him
             as
             a
             Crime
             .
             For
             this
             ,
             he
             refers
             himself
             to
             his
             Commission
             ,
             which
             had
             been
             formerly
             read
             ,
             and
             therefore
             trusts
             this
             will
             not
             fall
             into
             their
             Lordships
             Judgment
             as
             a
             High
             Treason
             ,
             he
             being
             to
             govern
             according
             to
             the
             Customes
             of
             the
             Realm
             :
             There
             is
             a
             Statute
             10
             H.
             7.
             cap.
             17.
             whereby
             it
             was
             Ordained
             ,
             Enacted
             ,
             and
             Estabished
             by
             Authority
             of
             that
             Parliament
             ,
             That
             from
             that
             time
             forwards
             there
             be
             no
             Peace
             nor
             War
             undertaken
             in
             the
             Land
             ,
             without
             the
             Deputies
             Licence
             ;
             but
             ,
             all
             such
             War
             and
             Peace
             to
             be
             made
             by
             the
             Lieutenants
             ,
             for
             the
             time
             being
             ;
             And
             this
             comes
             in
             time
             ,
             after
             the
             Statute
             of
             18
             H.
             6.
             
             This
             was
             never
             complayn'd
             of
             as
             a
             fault
             ,
             and
             no
             ill
             consequence
             followed
             on
             it
             .
             If
             a
             Man
             shall
             enter
             by
             force
             ,
             and
             wrongfully
             keep
             away
             possession
             ,
             that
             may
             be
             as
             well
             said
             to
             be
             a
             levying
             of
             War
             as
             this
             ;
             and
             yet
             a
             forcible
             Entry
             is
             familiarly
             punish'd
             in
             the
             Star-Chamber
             ,
             but
             not
             spoken
             of
             as
             a
             Treason
             .
          
           
           
             
               As
               to
               the
            
             Statute
             in
             Ireland
             ,
             of
             18
             H.
             6.
             cap.
             3.
             
             An
             Act
             ,
             That
             no
             Lord
             ,
             or
             other
             ,
             shall
             Charge
             the
             Kings
             Subject
             ,
             &c.
             
          
           
             HE
             Conceives
             ,
             he
             cannot
             be
             brought
             within
             compass
             of
             this
             Statute
             :
             For
             ,
          
           
             I.
             He
             hath
             heard
             it
             said
             ,
             That
             the
             King
             cannot
             be
             concluded
             in
             any
             Statute
             ,
             unless
             he
             be
             particularly
             named
             ,
             and
             consequently
             not
             his
             Chief
             Governor
             :
             For
             ,
             these
             words
             ,
             
               No
               Lord
               ,
               or
               any
               other
               ,
               of
               what
               condition
               soever
               ,
            
             &c.
             
             Must
             imply
             ,
             a
             condition
             of
             a
             Lord
             ,
             or
             one
             under
             a
             Lord
             ,
             not
             a
             condition
             above
             a
             Lord
             ,
             as
             the
             Chief
             Governor
             is
             .
          
           
             II.
             He
             shall
             not
             lead
             ,
             or
             bring
             .
             He
             hath
             neither
             brought
             ,
             nor
             lead
             them
             into
             Action
             ;
             for
             the
             Sergeant
             at
             Armes
             hath
             done
             it
             ,
             though
             under
             his
             Warrant
             .
          
           
             III.
             It
             speaks
             of
             bringing
             English
             Rebels
             ,
             or
             Irish
             Enemies
             ,
             or
             Hooded
             Men
             ,
             Hoblers
             ,
             Kernes
             ,
             &c.
             
             But
             ,
             that
             sending
             of
             the
             Kings
             Soldiers
             to
             apprehend
             and
             attach
             such
             Refractory
             Persons
             should
             be
             within
             the
             Statute
             ,
             is
             a
             Stretching
             of
             the
             words
             of
             it
             very
             far
             .
          
           
             IV.
             Notwithstanding
             this
             Law
             ,
             the
             Chief
             Governor
             hath
             alwayes
             used
             to
             assess
             Soldiers
             (
             and
             Practice
             is
             the
             best
             Interpreter
             of
             Lawes
             )
             and
             yet
             his
             acts
             have
             not
             ,
             by
             this
             Statute
             ,
             been
             concluded
             Treason
             ;
             since
             they
             have
             Compounded
             for
             it
             ,
             and
             they
             pay
             a
             great
             Rent
             ;
             The
             Composition
             Rents
             paid
             for
             their
             discharge
             from
             the
             assessing
             of
             the
             Army
             ,
             being
             one
             of
             the
             greatest
             Revenues
             before
             his
             coming
             there
             .
          
           
             And
             ,
             if
             their
             Lordships
             will
             have
             it
             proved
             ,
             there
             be
             few
             of
             the
             Irish
             but
             know
             it
             ;
             And
             ,
             in
             Conaught
             the
             King
             may
             take
             ,
             or
             leave
             as
             he
             pleases
             .
          
           
             Though
             he
             shall
             not
             insist
             on
             it
             (
             as
             desiring
             never
             to
             depart
             from
             their
             Lordships
             Judgment
             ,
             nor
             thinking
             himself
             more
             safe
             in
             any
             other
             ;
             therefore
             freely
             and
             voluntarily
             he
             puts
             himself
             under
             their
             Lordships
             Censure
             ,
             for
             his
             Life
             ,
             as
             for
             his
             Death
             :
             But
             ,
             if
             he
             should
             insist
             on
             it
             ,
             admitting
             all
             this
             ,
             That
             it
             was
             a
             Treason
             by
             the
             Statute-Law
             of
             Ireland
             ,
             yet
             he
             is
             not
             Tryable
             for
             it
             here
             :
             But
             ,
             he
             makes
             no
             use
             of
             it
             to
             that
             purpose
             ;
             but
             ,
             had
             he
             a
             Thousand
             lives
             ,
             he
             would
             humbly
             lay
             them
             every
             one
             at
             their
             Lordships
             feet
             .
          
           
             He
             added
             ,
             That
             it
             is
             a
             very
             heavy
             Case
             ,
             that
             such
             old
             Laws
             as
             these
             should
             be
             started
             ,
             in
             this
             manner
             ,
             when
             the
             Practice
             hath
             been
             quite
             contrary
             ;
             and
             Kindled
             ,
             to
             destroy
             him
             and
             his
             Posterity
             at
             a
             Blow
             .
             But
             ,
             he
             trusts
             ,
             God
             Almighty
             hath
             provided
             better
             for
             him
             ,
             by
             their
             Lordships
             Favour
             and
             Justice
             :
             For
             ,
             though
             the
             Gentlemen
             at
             the
             Bar
             are
             much
             more
             Learned
             than
             himself
             ;
             yet
             ,
             it
             may
             be
             ,
             they
             are
             not
             so
             well
             Read
             in
             the
             Irish-Statutes
             ,
             as
             they
             be
             in
             the
             English
             :
             Besides
             ,
             he
             is
             most
             confident
             ,
             he
             shall
             make
             it
             appear
             that
             Statute
             is
             Repealed
             .
          
           
             And
             ,
             if
             it
             falls
             in
             his
             Judgment
             ,
             their
             Lordships
             (
             he
             hopes
             )
             will
             find
             ,
             he
             had
             Reason
             to
             think
             ,
             what
             he
             shall
             offer
             ,
             might
             be
             available
             ;
             and
             ,
             that
             their
             Lordships
             will
             not
             be
             offended
             if
             he
             mistakes
             the
             Law
             ;
             and
             this
             ,
             as
             in
             other
             things
             ,
             he
             desires
             the
             Advantage
             of
             by
             Counsel
             ,
             concerning
             these
             Points
             of
             Law
             ,
             before
             he
             be
             finally
             concluded
             .
          
           
           
             First
             ,
             By
             the
             Statute
             of
             8
             Ed.
             4.
             ca.
             1.
             (
             and
             ,
             had
             these
             Gentlemen
             seen
             these
             Statutes
             ,
             he
             believes
             they
             would
             never
             put
             it
             in
             Charge
             against
             him
             .
             )
             Whereby
             it
             is
             Enacted
             ,
             Confirmed
             ,
             and
             Ratified
             ,
             by
             Authority
             of
             the
             said
             Parliament
             ,
             that
             the
             said
             Statute
             be
             Adjudged
             and
             Approved
             in
             force
             and
             strength
             ;
             and
             the
             said
             Statute
             may
             be
             of
             force
             in
             this
             Land
             from
             the
             6
             th
             day
             of
             March
             next
             ;
             and
             that
             from
             henceforth
             the
             said
             Act
             ,
             and
             all
             Statutes
             and
             Acts
             ,
             made
             by
             Authority
             of
             Parliament
             ,
             within
             the
             Kingdom
             of
             England
             ,
             be
             Adjudged
             and
             Ratified
             from
             the
             said
             6
             th
             day
             of
             March.
             
          
           
             This
             comes
             in
             time
             ,
             after
             the
             Statute
             of
             Treason
             of
             H.
             6.
             and
             ,
             Ratifying
             all
             the
             former
             Statutes
             of
             England
             ,
             Ratifies
             the
             25
             th
             of
             E.
             3.
             in
             England
             ,
             which
             is
             the
             Statute
             of
             Treason
             :
             and
             ,
             1
             H.
             4.
             which
             sayes
             ,
             nothing
             shall
             be
             Treason
             ,
             but
             what
             is
             said
             to
             be
             Treason
             within
             the
             said
             Statute
             of
             25
             E.
             3.
             
          
           
             So
             that
             nothing
             can
             be
             Treason
             in
             Ireland
             ,
             but
             what
             is
             Treason
             by
             25
             E.
             3.
             or
             1
             H.
             4.
             or
             something
             subsequent
             ,
             for
             these
             being
             confirmed
             later
             ,
             do
             take
             away
             the
             Statute
             of
             18
             H.
             6.
             
          
           
             Secondly
             ,
             By
             the
             Statute
             of
             10
             H.
             7.
             c.
             22.
             and
             this
             is
             a
             Repeal
             in
             Judgements
             ,
             far
             better
             then
             his
             own
             .
             The
             former
             was
             for
             another
             purpose
             .
             By
             this
             ,
             all
             the
             Statutes
             made
             in
             England
             before
             that
             time
             ,
             are
             brought
             to
             be
             Laws
             within
             Ireland
             ;
             and
             ,
             all
             Laws
             contrary
             to
             these
             Laws
             are
             hereby
             repealed
             .
             But
             ,
             the
             Law
             urged
             by
             those
             Gentlemen
             is
             against
             the
             Laws
             of
             25
             Ed.
             3.
             and
             1
             H.
             4.
             and
             consequently
             is
             repealed
             very
             clearly
             ;
             and
             ,
             the
             words
             are
             these
             in
             effect
             ;
             It
             tells
             of
             the
             Benefit
             and
             Advantage
             that
             might
             come
             to
             them
             ,
             after
             the
             English
             Laws
             should
             be
             brought
             in
             ;
             And
             ,
             if
             any
             Statute
             have
             been
             made
             contrary
             to
             them
             ,
             the
             same
             to
             be
             annulled
             void
             ,
             and
             of
             none
             effect
             .
          
           
             And
             ,
             that
             it
             hath
             been
             so
             taken
             and
             conceived
             ,
             that
             that
             Law
             is
             Repealed
             ,
             he
             hath
             ,
             as
             he
             conceives
             ,
             a
             Judgment
             in
             Parliament
             clearly
             on
             his
             side
             ,
             to
             clear
             him
             ,
             as
             to
             this
             Treason
             ,
             That
             the
             Deputy
             hath
             power
             to
             Assess
             Soldiers
             ,
             in
             Cases
             where
             he
             shall
             think
             convenient
             .
          
           
             It
             is
             a
             Power
             ,
             which
             (
             God
             forbid
             )
             any
             Many
             should
             exercise
             ,
             but
             with
             all
             fair
             Intention
             ,
             and
             Mildness
             that
             possibly
             can
             be
             ;
             and
             he
             speaks
             it
             ,
             not
             to
             draw
             any
             inconvenience
             on
             that
             Kingdom
             (
             he
             being
             willing
             to
             spend
             his
             Life
             for
             them
             ,
             rather
             than
             do
             them
             any
             hurt
             )
             nor
             will
             he
             carry
             from
             this
             Bar
             the
             Remembrance
             of
             any
             thing
             of
             their
             Unkindness
             ,
             in
             Prosecution
             (
             he
             means
             not
             them
             that
             are
             Members
             of
             this
             House
             :
             )
             
               praeter
               gratuitas
               Cicatrices
            
             ,
             and
             will
             never
             look
             the
             worse
             on
             them
             he
             Vowes
             to
             God.
             
          
           
             The
             Statute
             is
             11
             Eliz.
             ca.
             7.
             
             Being
             an
             Act
             for
             taking
             away
             Captainship
             ,
             and
             all
             Exactions
             belonging
             thereunto
             from
             the
             Lords
             and
             Great
             Men.
             
          
           
             
               WHereas
               ,
               Most
               Gracious
               Soveraign
               Lady
               ,
               The
               Lords
               and
               Chieftaines
               of
               this
               Realm
               ,
               in
               the
               time
               of
               desolation
               of
               Iustice
               ,
               have
               arrogated
               to
               themselves
               Absolute
               and
               Regal
               Authority
               ,
            
             &c.
             
             
               For
               Remedy
               whereof
               ,
               your
               Faithful
               Subjects
               most
               humbly
               beseech
               it
               may
               be
               Enacted
               ,
            
             &c.
             
             
               That
               no
               Earl
               ,
               Viscount
               ,
               Baron
               ,
               Lord
               ,
            
             &c.
             
               dwelling
               within
               this
               Realm
               ,
               shall
               assume
               ,
            
             &c.
             
               the
               Name
               of
               Captain
               of
               any
               Countrey
               ,
               except
               such
               as
               hath
               ,
               or
               shall
               have
               the
               same
               by
               Letters-Patents
               from
               Your
               Majesty
               ,
            
             &c.
             
               or
               by
               the
               name
               of
               Captain
               ,
               or
            
             
             
               therwise
               exact
               for
               the
               finding
               of
               him
               ,
               or
               them
               ,
               their
               Horse
               ,
               Foot
               of
               or
               upon
               any
               of
               your
               Majesties
               Subjects
               ,
               Tax
               ,
               Sess
               ,
               Subsidie
               ,
            
             &c.
             ,
             
               nor
               shall
               call
               togethe
               people
               of
               the
               same
               Countrey
               to
               Treat
               ,
               Conclude
               ,
               and
               Agree
               for
               making
               War
               or
               Peace
               ,
               &c.
               
               Sess
               ,
               nor
               lead
               the
               people
               ,
               &c.
               without
               the
               Great
               Seal
               ,
               or
               Warrant
               from
               the
               Lord
               Deputy
               ,
               &c.
               upon
               pain
               to
               every
               Earl
               ,
               Viscount
               ,
               Baron
               ,
               or
               Lord
               ,
               &c.
               for
               every
               time
            
             100
             
               l.
               of
               lawful
               Money
               of
            
             Ireland
             .
          
           
             Whence
             he
             inferred
             ,
             that
             here
             is
             a
             Commission
             ,
             that
             the
             Deputy
             and
             chief
             Governors
             have
             power
             to
             Assess
             ,
             and
             yet
             are
             no
             Traitors
             ;
             a
             penalty
             which
             they
             would
             have
             spared
             ,
             had
             they
             thought
             that
             Law
             to
             have
             been
             in
             force
             .
          
           
             So
             that
             as
             he
             hath
             been
             free
             in
             his
             heart
             from
             any
             Treasonable
             designe
             towards
             His
             Majesty
             or
             His
             People
             ,
             and
             as
             he
             hath
             been
             innocent
             to
             God
             Almighty
             within
             doors
             ,
             so
             from
             this
             Statute
             he
             shall
             stand
             clear
             abroad
             ,
             and
             this
             cannot
             be
             brought
             as
             to
             this
             Case
             ,
             to
             convince
             him
             of
             Treason
             .
          
           
             And
             his
             Lordship
             did
             recall
             one
             thing
             in
             the
             Lord
             Dillons
             testimony
             ,
             (
             which
             he
             had
             formerly
             omitted
             )
             That
             the
             Assessing
             of
             Soldiers
             was
             on
             men
             being
             in
             Rebellion
             for
             any
             unjustifyable
             Act.
             
          
           
             And
             so
             his
             Lordship
             conceived
             ,
             there
             remains
             no
             more
             for
             him
             to
             do
             at
             this
             time
             ,
             but
             to
             answer
             that
             objection
             .
          
           
             That
             this
             proceeding
             of
             his
             ,
             was
             Treason
             ,
             by
             25
             Edw.
             3.
             though
             he
             had
             thought
             Treason
             had
             been
             like
             Felony
             in
             this
             respect
             ;
             That
             there
             must
             be
             a
             felonious
             intent
             to
             make
             Felony
             ,
             and
             so
             to
             make
             Treason
             ,
             there
             must
             be
             a
             Treasonable
             intent
             .
             And
             he
             said
             (
             God
             knows
             )
             he
             had
             no
             Treasonable
             intent
             in
             all
             this
             ,
             for
             if
             he
             had
             a
             mind
             to
             have
             raised
             War
             against
             the
             King
             and
             his
             People
             ,
             surely
             he
             should
             never
             have
             done
             it
             by
             laying
             two
             or
             three
             Soldiers
             on
             a
             private
             man
             ,
             and
             then
             taking
             them
             off
             again
             ;
             And
             is
             this
             that
             levying
             of
             War
             against
             the
             King
             and
             his
             People
             ,
             that
             is
             meant
             in
             the
             
               Irish
               Statute
            
             of
             25
             Edw.
             3
             ?
          
           
             The
             words
             of
             which
             Statute
             his
             Lordship
             read
             ,
             viz.
             
          
           
             
               If
               any
               man
               levy
               War
               against
               the
               King
               in
               His
               Realm
               ,
               or
               adhere
               to
               His
               enemies
               ,
            
             &c.
             
          
           
             He
             appeals
             to
             their
             Lordships
             ,
             desiring
             them
             to
             lay
             it
             to
             themselves
             ,
             and
             tell
             him
             whether
             2
             or
             3
             poor
             Soldiers
             sent
             in
             this
             manner
             to
             bring
             in
             a
             man
             ,
             that
             will
             not
             be
             lyable
             to
             the
             Kings
             Justice
             ,
             could
             by
             any
             construction
             ,
             be
             brought
             to
             be
             a
             War
             levied
             against
             the
             King
             and
             his
             People
             ?
             which
             ,
             said
             he
             ,
             if
             it
             be
             an
             error
             ,
             he
             knew
             it
             was
             no
             Treason
             ,
             for
             he
             had
             thought
             it
             had
             been
             for
             the
             Honor
             and
             Authority
             ,
             and
             Justice
             of
             the
             King
             ,
             and
             not
             done
             as
             an
             enemy
             to
             him
             .
          
           
             And
             therefore
             all
             laid
             together
             ,
             though
             he
             must
             needs
             say
             ,
             Men
             are
             dark
             towards
             themselves
             ,
             and
             towards
             their
             own
             Cases
             ,
             and
             less
             able
             to
             judge
             ,
             than
             in
             the
             Case
             of
             other
             men
             ;
             in
             truth
             ,
             under
             favour
             ,
             withall
             Humility
             ,
             and
             submission
             to
             their
             Lordships
             better
             judgements
             ,
             he
             cannot
             believe
             nor
             fear
             ,
             but
             for
             any
             thing
             proved
             this
             day
             against
             him
             ,
             as
             he
             is
             clear
             in
             his
             heart
             from
             all
             Treasons
             ,
             and
             treasonable
             Intentions
             towards
             the
             King
             and
             His
             People
             ;
             so
             he
             stands
             clear
             from
             Treason
             upon
             this
             Charge
             ,
             not
             only
             in
             respect
             of
             the
             
               Irish
               Statute
            
             ,
             but
             likewise
             the
             
               English
               Statute
            
             ;
             and
             he
             shall
             beseech
             their
             Lordships
             ,
             when
             it
             comes
             to
             its
             time
             ,
             they
             will
             give
             his
             Council
             leave
             to
             urge
             these
             things
             for
             him
             ,
             who
             he
             is
             sure
             will
             be
             able
             to
             do
             it
             with
             far
             greater
             reason
             and
             strength
             than
             himself
             ,
             it
             being
             out
             of
             his
             profession
             .
          
           
           
             Here
             his
             Lordship
             took
             notice
             ,
             that
             there
             was
             another
             part
             of
             the
             Charge
             which
             he
             desired
             to
             speak
             to
             :
             but
             Mr.
             Palmer
             said
             ,
             That
             was
             subsequent
             ,
             and
             not
             yet
             come
             to
             .
          
           
             To
             which
             his
             Lordship
             Answered
             ,
             That
             he
             should
             do
             all
             things
             without
             offence
             ,
             only
             so
             long
             as
             he
             doth
             mannerly
             move
             any
             thing
             for
             his
             clearing
             ,
             he
             hopes
             he
             may
             do
             it
             .
          
           
             And
             so
             the
             Defence
             was
             concluded
             .
          
           
             And
             then
             Mr.
             Palmer
             replyed
             in
             Substance
             as
             followeth
             .
          
           
             That
             their
             Lordships
             have
             heard
             a
             very
             long
             Defence
             ,
             made
             by
             my
             
             Lord
             of
             Strafford
             ,
             and
             that
             he
             would
             not
             apply
             himself
             to
             inforce
             any
             thing
             by
             circumstances
             ,
             but
             to
             represent
             the
             truth
             ,
             and
             to
             avoid
             those
             things
             offered
             by
             way
             of
             Answer
             ,
             for
             most
             part
             of
             that
             may
             be
             confessed
             ,
             and
             yet
             avoided
             .
          
           
             Whereas
             my
             Lord
             of
             Strafford
             hath
             made
             the
             greatest
             part
             of
             his
             Defence
             in
             matter
             of
             Fact
             from
             Usage
             ,
             their
             Lordships
             may
             please
             to
             consider
             ,
             
             that
             there
             can
             be
             no
             legal
             Usage
             contrary
             to
             an
             Act
             of
             Parliament
             ,
             made
             before
             time
             of
             memory
             ,
             as
             25
             E.
             3.
             in
             England
             ,
             and
             18
             H.
             6.
             in
             Ireland
             ,
             much
             less
             can
             there
             be
             Usage
             for
             committing
             of
             Treason
             .
          
           
             The
             Usage
             insisted
             on
             ,
             is
             First
             ,
             for
             Soldiers
             being
             Assest
             on
             Septs
             ,
             till
             Rebels
             and
             Traitors
             not
             apprehendible
             ,
             were
             brought
             in
             ;
             and
             by
             Rebels
             ,
             his
             Lordship
             would
             have
             understood
             ,
             not
             Rebels
             against
             the
             King
             and
             State
             ,
             but
             petit
             Offenders
             and
             Felons
             ,
             and
             for
             that
             did
             examine
             Witnesses
             :
             But
             the
             Witnesse
             says
             ,
             That
             when
             such
             had
             committed
             Felony
             ,
             and
             withdrawn
             themselves
             into
             Woods
             ,
             a
             Proclamation
             went
             out
             to
             call
             them
             in
             ,
             and
             if
             then
             they
             came
             not
             in
             ,
             they
             were
             esteemed
             Rebels
             ,
             and
             Soldiers
             were
             laid
             on
             their
             Septs
             ,
             which
             is
             not
             to
             lay
             Soldiers
             on
             Subjects
             in
             time
             of
             Peace
             ,
             when
             they
             will
             not
             conform
             to
             his
             private
             Orders
             .
          
           
             The
             Stat.
             11
             Eliz.
             describes
             what
             the
             laying
             Soldiers
             on
             the
             Sept
             was
             ,
             viz.
             When
             Outlaws
             and
             Rebels
             lye
             in
             the
             Woods
             ,
             and
             will
             not
             be
             apprehended
             with
             the
             ordinary
             Arm
             of
             Justic
             ,
             then
             five
             of
             the
             best
             of
             the
             Sept
             shall
             be
             Fined
             ,
             but
             not
             ,
             that
             Soldiers
             shall
             be
             laid
             on
             them
             .
             And
             this
             being
             a
             Statute
             and
             lately
             made
             ,
             must
             needs
             give
             the
             Rise
             to
             this
             laying
             of
             Soldiers
             on
             the
             Septs
             by
             the
             Council-Board
             ,
             instead
             of
             a
             Fine
             ;
             so
             this
             is
             no
             justification
             or
             excuse
             ,
             it
             not
             bringing
             a
             full
             Answer
             home
             to
             the
             present
             Case
             ;
             nor
             is
             this
             of
             right
             to
             be
             justified
             .
          
           
             The
             next
             Usage
             was
             concerning
             the
             Kings
             Rents
             ,
             which
             Mr.
             Conley
             only
             extends
             beyond
             the
             time
             of
             my
             Lord
             of
             Faulkland
             ,
             he
             speaks
             of
             it
             in
             the
             time
             of
             my
             Lord
             Grandison
             and
             Chichester
             ,
             yet
             it
             was
             no
             positive
             Testimony
             ,
             and
             he
             was
             an
             old
             man
             ,
             and
             his
             Evidence
             uncertain
             for
             those
             times
             .
             Besides
             ,
             there
             was
             no
             account
             given
             of
             the
             certain
             reason
             ,
             whether
             by
             a
             legal
             Process
             or
             no
             :
             For
             there
             might
             be
             due
             Process
             awarded
             ,
             and
             a
             Writ
             of
             Assistance
             ,
             to
             carry
             the
             power
             of
             the
             Countrey
             ,
             and
             so
             the
             thing
             be
             done
             by
             legal
             authority
             ;
             and
             therefore
             since
             it
             cannot
             be
             applyed
             to
             any
             rule
             ,
             it
             must
             be
             intended
             to
             be
             an
             illegal
             power
             ,
             if
             at
             all
             .
          
           
             The
             rest
             were
             all
             for
             Rents
             in
             the
             time
             of
             my
             Lord
             of
             Faulkland
             .
             The
             instructions
             were
             produced
             by
             my
             Lord
             of
             Strafford
             himself
             in
             time
             1628.
             which
             was
             before
             my
             Lord
             of
             Faulkland
             went
             out
             of
             that
             Government
             .
          
           
           
             And
             by
             these
             instructions
             there
             is
             an
             Agreement
             ,
             and
             it
             is
             taken
             to
             be
             for
             the
             benefit
             of
             the
             people
             ,
             that
             the
             Kings
             Rents
             should
             be
             levied
             by
             Soldiers
             ;
             so
             that
             for
             all
             the
             time
             of
             my
             Lord
             of
             Faulkland
             ,
             and
             the
             Justices
             since
             ,
             it
             was
             within
             the
             compass
             of
             the
             Instructions
             ,
             and
             reduced
             to
             the
             consent
             of
             the
             people
             ,
             and
             the
             words
             of
             the
             Statute
             are
             ,
             
               No
               Soldiers
               shall
               be
               Assest
               without
               consent
               ,
            
             but
             this
             remains
             charged
             to
             be
             by
             force
             ,
             and
             against
             consent
             .
          
           
             That
             concerning
             the
             Contribution-money
             ,
             in
             which
             another
             Usage
             is
             alledged
             ,
             is
             set
             forth
             to
             be
             an
             agreement
             of
             the
             people
             ,
             That
             because
             it
             might
             not
             come
             into
             the
             Exchequer
             ,
             to
             be
             made
             a
             Precedent
             ,
             it
             should
             not
             be
             levyed
             by
             ordinary
             Process
             ,
             but
             by
             Soldiers
             ,
             if
             it
             were
             behind
             ,
             it
             being
             assigned
             for
             relief
             and
             pay
             of
             Soldiers
             ,
             and
             being
             by
             consent
             is
             out
             of
             the
             present
             case
             .
          
           
             Sir
             
               Arthur
               Tyrringham
            
             speaks
             of
             this
             Use
             in
             case
             of
             a
             petit
             debt
             of
             16
             
             or
             20
             s.
             on
             a
             Warrant
             from
             my
             Lord
             Faulkland
             ,
             which
             is
             the
             only
             Case
             of
             Debt
             prooved
             ,
             but
             he
             could
             not
             tell
             whose
             or
             what
             debt
             it
             was
             ,
             nor
             how
             determined
             or
             judged
             .
             If
             it
             were
             the
             Kings
             debt
             ,
             it
             might
             be
             one
             of
             the
             Rents
             ,
             or
             some
             duty
             leviable
             by
             consent
             of
             the
             people
             ;
             neither
             did
             he
             say
             ,
             it
             was
             on
             a
             suit
             before
             the
             Deputy
             ,
             and
             therefore
             that
             will
             not
             come
             to
             the
             Case
             .
          
           
             For
             that
             my
             Lord
             Dillon
             was
             called
             again
             touching
             Contribution
             ,
             Composition
             ,
             and
             Rents
             ;
             Composition-Rents
             fall
             under
             the
             same
             Consideration
             .
          
           
             That
             Sir
             
               Thomas
               Wayneman
            
             laid
             soldiers
             is
             but
             an
             affirmation
             ,
             and
             expects
             no
             answer
             ,
             (
             but
             if
             the
             Information
             be
             true
             )
             he
             used
             very
             violent
             courses
             ,
             for
             it
             hath
             appeared
             he
             hanged
             a
             man
             ,
             without
             any
             occasion
             .
          
           
             My
             Lord
             produced
             the
             Instructions
             of
             1628.
             and
             out
             of
             them
             inforced
             ,
             that
             it
             might
             be
             lawful
             for
             him
             to
             levy
             Soldiers
             with
             authority
             ;
             but
             it
             appears
             by
             the
             first
             Article
             it
             was
             consented
             to
             at
             the
             writing
             ,
             and
             for
             the
             Benefit
             of
             the
             Subject
             ,
             as
             was
             before
             answered
             ;
             and
             that
             very
             much
             money
             was
             assigned
             for
             the
             Soldiers
             ,
             and
             it
             may
             be
             proved
             (
             if
             there
             be
             occasion
             )
             That
             there
             issued
             Acquittances
             to
             the
             Captains
             of
             the
             Company
             ,
             to
             deliver
             to
             the
             persons
             from
             whom
             the
             Money
             was
             due
             ,
             in
             case
             of
             payment
             ;
             and
             if
             they
             did
             not
             pay
             by
             consent
             ,
             Soldiers
             were
             laid
             ,
             and
             not
             otherwise
             .
          
           
             For
             the
             Proclamation
             of
             December
             1633.
             whereby
             the
             payment
             of
             His
             Majesties
             Rents
             and
             Revenues
             was
             ordered
             ,
             it
             recites
             divers
             Rents
             were
             behind
             ,
             that
             the
             surplusage
             would
             not
             pay
             the
             Soldiers
             ,
             that
             by
             want
             of
             Money
             ,
             the
             Soldiers
             might
             make
             irruptions
             on
             the
             County
             ;
             That
             according
             to
             direction
             ,
             to
             prevent
             inconveniencies
             ,
             Moneys
             should
             be
             levied
             ,
             which
             had
             Rise
             from
             the
             Instructions
             ,
             1628.
             
             For
             the
             time
             of
             it
             was
             1633.
             
             A
             Proclamation
             might
             well
             second
             that
             which
             was
             setled
             before
             ,
             by
             the
             Instructions
             :
             If
             it
             did
             not
             pursue
             them
             ,
             surely
             the
             Proclamation
             was
             an
             offence
             in
             it self
             ,
             and
             then
             there
             is
             no
             justification
             of
             a
             Treason
             by
             a
             Treason
             ,
             but
             it
             might
             have
             been
             as
             well
             objected
             against
             ,
             as
             this
             in
             hand
             ;
             But
             it
             is
             true
             ,
             it
             hath
             the
             countenance
             of
             these
             Instructions
             .
          
           
             But
             on
             all
             these
             ,
             there
             is
             no
             pretence
             of
             forcing
             submission
             to
             my
             Lord
             of
             
             Strafford's
             Orders
             .
          
           
           
             After
             Usuage
             his
             Lordship
             observes
             the
             Testimonies
             produced
             ,
             and
             takes
             exceptions
             to
             that
             of
             Berne
             ;
             that
             the
             ground
             of
             his
             complaint
             was
             ,
             when
             my
             Lord
             of
             Strafford
             was
             in
             England
             ;
             That
             it
             was
             done
             by
             
             Pygott's
             Warrants
             ,
             who
             was
             not
             proved
             to
             have
             any
             Warrant
             from
             him
             .
             It
             is
             true
             ,
             there
             is
             no
             full
             and
             precise
             proof
             ,
             that
             Pygott
             had
             his
             Warrant
             from
             my
             Lord
             of
             Strafford
             .
             But
             though
             it
             was
             done
             after
             his
             coming
             for
             England
             ,
             yet
             if
             his
             Warrant
             were
             made
             before
             ,
             though
             it
             were
             executed
             in
             his
             absence
             ,
             it
             will
             lay
             it
             on
             my
             Lord
             of
             Strafford
             .
             But
             we
             say
             the
             Warrant
             was
             made
             before
             ,
             and
             to
             Pygott
             as
             well
             as
             Savill
             .
             One
             Witness
             says
             ,
             Pygott
             himself
             did
             vouch
             my
             Lord
             of
             Strafford
             to
             have
             given
             him
             his
             Warrant
             ,
             it
             was
             my
             Lord
             Lieutenants
             Warrant
             ,
             he
             was
             my
             Lord
             Lieutenants
             Sergeant
             ,
             the
             Soldiers
             were
             my
             Lord
             Lieutenants
             Troopers
             ;
             the
             Soldiers
             laid
             by
             Savill
             ,
             are
             by
             my
             Lord
             Deputies
             Warrant
             ,
             proved
             to
             be
             under
             his
             Hand
             and
             Seal
             ,
             and
             many
             Witnesses
             are
             in
             Savills
             Case
             produced
             .
             And
             whereas
             my
             Lord
             says
             ,
             no
             Warrant
             was
             shewed
             ;
             if
             himself
             had
             not
             excepted
             against
             it
             ,
             a
             true
             Copy
             had
             been
             produced
             ,
             and
             if
             none
             be
             shewed
             ,
             it
             is
             his
             own
             fault
             ;
             but
             my
             Lord
             of
             Strafford
             should
             have
             shewed
             it
             ,
             if
             any
             thing
             was
             in
             it
             to
             qualifie
             the
             matter
             ,
             for
             it
             is
             proved
             he
             gave
             authority
             ,
             and
             by
             his
             authority
             the
             Soldiers
             were
             laid
             .
          
           
             Whereas
             my
             Lord
             says
             ,
             this
             cause
             was
             not
             complained
             of
             ,
             Berne
             gives
             the
             reason
             ,
             he
             durst
             not
             complain
             there
             ,
             but
             came
             over
             hither
             to
             complain
             ,
             and
             hath
             prosecuted
             the
             complaint
             .
          
           
             My
             Lord
             of
             Strafford
             was
             pleased
             to
             aske
             Ardah
             ,
             what
             he
             heard
             concerning
             laying
             of
             Soldiers
             ?
          
           
             It
             is
             true
             ,
             he
             and
             Savill
             mention
             the
             laying
             on
             Soldiers
             on
             Fitzgerard
             but
             it
             was
             for
             the
             Kings
             Money
             ,
             and
             they
             spake
             it
             not
             on
             their
             own
             knowledge
             ,
             but
             by
             hear-say
             ,
             and
             it
             was
             done
             but
             once
             ;
             and
             whether
             since
             the
             Instructions
             ,
             it
             doth
             not
             appear
             ,
             and
             if
             it
             was
             since
             ,
             then
             it
             was
             by
             consent
             ,
             and
             this
             Fitzgerard
             lay
             out
             as
             a
             Rebel
             ,
             and
             if
             it
             was
             done
             ,
             it
             was
             done
             under
             that
             capacity
             .
             To
             that
             point
             a
             Witness
             was
             produced
             .
          
           
             Mr.
             Kennedy
             being
             Interrogated
             ,
             Whether
             he
             the
             said
             Fitzgerard
             did
             did
             not
             lye
             in
             the
             nature
             of
             a
             Rebel
             when
             Soldiers
             were
             laid
             on
             him
             ?
          
           
             He
             Answered
             ,
             That
             this
             Fitzgerard
             was
             Sheriff
             in
             the
             County
             of
             Corke
             ,
             and
             failing
             in
             his
             Accompt
             at
             the
             time
             ,
             Process
             was
             issued
             on
             his
             Recognizance
             ,
             and
             he
             held
             out
             three
             or
             four
             years
             .
             That
             he
             ,
             (
             the
             Deponent
             being
             then
             the
             Kings
             Remembrancer
             )
             thought
             it
             his
             duty
             to
             acquaint
             the
             Barons
             of
             the
             Exchequer
             ,
             that
             he
             could
             not
             be
             found
             ,
             but
             kept
             abroad
             in
             the
             Woods
             ,
             being
             a
             man
             of
             good
             Estate
             ;
             and
             then
             on
             acquainting
             my
             Lord
             of
             Faulkland
             with
             it
             ,
             a
             Warrant
             was
             procured
             to
             the
             Sergeant
             at
             Arms.
             
          
           
             
               Henry
               Dillon
            
             says
             nothing
             of
             the
             Usage
             ,
             but
             pretends
             one
             Thimbleby
             said
             he
             had
             a
             Warrant
             ,
             but
             whether
             he
             had
             a
             Warrant
             ,
             or
             did
             execute
             it
             ,
             appears
             not
             .
          
           
             And
             if
             it
             be
             so
             ,
             it
             appears
             not
             for
             what
             time
             ,
             when
             it
             was
             ,
             nor
             out
             of
             what
             Court
             the
             Process
             came
             ,
             upon
             which
             the
             last
             Assessment
             was
             made
             .
          
           
           
             This
             is
             all
             offered
             in
             matter
             of
             Fact
             ;
             my
             Lord
             proceeds
             to
             other
             justifications
             .
             First
             ,
             That
             His
             Majesties
             Deputy
             is
             so
             qualified
             ,
             that
             he
             hath
             power
             to
             resist
             Rebels
             and
             secure
             Peace
             :
             and
             it
             is
             true
             ,
             he
             hath
             power
             ,
             but
             he
             hath
             no
             power
             at
             all
             to
             make
             a
             War
             ,
             especially
             in
             time
             of
             Peace
             :
             now
             all
             things
             are
             appeased
             there
             ,
             and
             no
             occasion
             is
             given
             of
             a
             War
             ;
             only
             that
             Soldiers
             be
             maintained
             for
             a
             Nursery
             of
             Martial
             Discipline
             ,
             but
             there
             is
             no
             occasion
             of
             Soldiers
             to
             be
             laid
             on
             the
             Kings
             people
             .
          
           
             He
             alledged
             a
             Stat.
             10
             H.
             7.
             that
             no
             War
             or
             Peace
             should
             be
             made
             ,
             but
             by
             the
             Deputies
             Licence
             ;
             and
             therefore
             he
             infers
             ,
             that
             by
             the
             Deputy
             War
             might
             be
             made
             ;
             It
             is
             true
             ,
             where
             there
             is
             hostility
             or
             Rebellion
             ,
             then
             to
             oppose
             and
             repress
             that
             Rebellion
             ,
             the
             Deputy
             may
             make
             a
             defensive
             War
             ;
             but
             to
             do
             it
             in
             time
             of
             Peace
             ,
             on
             the
             Kings
             people
             ,
             that
             are
             under
             the
             Government
             of
             His
             Majesties
             Laws
             ,
             is
             to
             make
             War
             on
             the
             Kings
             Subjects
             ,
             under
             His
             Peace
             and
             Protection
             ,
             and
             consequently
             ,
             on
             the
             Sovereign
             Power
             that
             doth
             protect
             them
             .
          
           
             He
             would
             compare
             it
             with
             forcible
             Entry
             ,
             but
             the
             circumstances
             do
             very
             much
             diversity
             it
             from
             Riots
             ,
             or
             forcible
             Entries
             ;
             It
             is
             done
             by
             Soldiers
             that
             come
             furnished
             with
             all
             warlike
             Ammunition
             ,
             brought
             from
             Garrisons
             ,
             the
             places
             of
             War
             ,
             brought
             with
             an
             Officer
             ,
             brought
             in
             numbers
             ;
             and
             though
             the
             Lord
             of
             Strafford
             extenuates
             the
             numbers
             ,
             yet
             the
             Sergeant
             at
             Arms
             was
             unlimited
             .
             So
             the
             power
             given
             to
             him
             ,
             was
             a
             vast
             power
             ,
             to
             take
             such
             a
             number
             of
             Soldiers
             as
             he
             should
             think
             fit
             .
          
           
             His
             Lordship
             observes
             ,
             that
             the
             Stat.
             of
             18.
             
             H.
             6.
             cannot
             conclude
             him
             ,
             because
             Statutes
             here
             in
             England
             do
             not
             include
             the
             King
             ,
             unless
             he
             be
             nominated
             in
             them
             ,
             the
             Committee
             expected
             not
             to
             hear
             this
             reason
             ;
             That
             because
             the
             Kings
             Sacred
             Person
             is
             not
             mentioned
             in
             a
             Statute
             ,
             who
             cannot
             be
             within
             the
             blemish
             of
             such
             an
             offence
             ,
             therefore
             it
             should
             not
             extend
             to
             a
             Subject
             .
             This
             is
             to
             take
             a
             power
             above
             Law
             ,
             and
             make
             himself
             equal
             to
             Sovereignty
             ,
             to
             say
             that
             he
             should
             not
             be
             comprehended
             more
             than
             the
             King
             himself
             .
          
           
             He
             says
             he
             did
             not
             lead
             the
             Soldiers
             ,
             but
             only
             gave
             a
             Warrant
             ,
             and
             therefore
             this
             should
             not
             be
             Treason
             ;
             but
             though
             he
             leads
             them
             not
             ,
             the
             Commander
             is
             an
             Actor
             ;
             and
             to
             give
             Warrant
             for
             Treason
             ,
             is
             Treason
             .
          
           
             He
             says
             this
             is
             a
             Statute-Law
             in
             Ireland
             ,
             and
             not
             examinable
             before
             their
             Lordships
             here
             .
             Mr.
             Palmer
             alledged
             ,
             that
             he
             would
             do
             my
             Lord
             right
             ;
             that
             he
             submitted
             to
             their
             Lordships
             Judgements
             ,
             and
             craved
             leave
             to
             give
             answer
             to
             that
             point
             ,
             and
             said
             ,
             The
             Laws
             of
             Ireland
             are
             devised
             from
             the
             Crown
             of
             England
             ,
             the
             King
             being
             seized
             of
             it
             in
             the
             right
             of
             his
             Crown
             of
             England
             ,
             and
             as
             a
             parcel
             of
             this
             Crown
             :
             The
             power
             they
             have
             to
             make
             Laws
             there
             ,
             is
             derivative
             from
             the
             Crown
             of
             England
             ,
             and
             they
             did
             thankfully
             accept
             them
             from
             the
             first
             Conqueror
             :
             Since
             that
             ,
             they
             had
             power
             to
             make
             Acts
             of
             Parliament
             ,
             but
             that
             is
             subordinate
             ,
             the
             Laws
             there
             are
             the
             Laws
             of
             England
             applyed
             to
             that
             place
             :
             As
             any
             particular
             custom
             of
             a
             place
             ,
             not
             the
             general
             Law
             of
             the
             Land
             ,
             is
             the
             Law
             of
             that
             place
             by
             a
             general
             custom
             ,
             and
             yet
             may
             be
             judged
             out
             of
             the
             precincts
             of
             that
             custom
             ;
             so
             the
             Laws
             of
             Ireland
             are
             the
             Laws
             of
             that
             Kingdom
             ;
             yet
             may
             be
             judged
             by
             this
             Supream
             Court
             ,
             out
             of
             the
             limits
             of
             Ireland
             .
             Though
             in
             an
             inferior
             Court
             ,
             when
             a
             thing
             questioned
             in
             Ireland
             ,
             is
             brought
             
             by
             Writ
             of
             Error
             ,
             they
             judge
             according
             to
             the
             Laws
             of
             Ireland
             ,
             not
             of
             England
             .
          
           
             And
             my
             Lord
             hath
             prayed
             ,
             and
             werequire
             ,
             that
             he
             may
             be
             judged
             according
             to
             the
             Laws
             of
             Ireland
             .
             So
             this
             Law
             of
             18
             H.
             6.
             may
             be
             judged
             by
             their
             Lordships
             ,
             though
             it
             be
             a
             Law
             in
             Ireland
             .
             But
             my
             Lord
             urges
             ,
             that
             this
             Law
             is
             repealed
             ,
             and
             for
             that
             he
             gave
             reasons
             on
             many
             Acts
             of
             Parliament
             ;
             First
             ,
             a
             Statute
             made
             8
             Edw.
             4.
             
             That
             is
             made
             to
             a
             particular
             purpose
             ,
             reciting
             one
             particular
             Statute
             ,
             and
             repealing
             that
             ,
             and
             then
             by
             a
             general
             clause
             ,
             ratifying
             and
             introducing
             all
             the
             Statutes
             of
             England
             into
             Ireland
             .
             This
             being
             but
             on
             a
             particular
             occasion
             ,
             with
             such
             a
             general
             Clause
             ,
             will
             not
             be
             applyable
             ,
             however
             ,
             it
             will
             be
             the
             Answer
             to
             that
             that
             follows
             .
             It
             is
             a
             general
             Clause
             to
             introduce
             the
             Laws
             of
             England
             ,
             and
             shall
             not
             have
             that
             reflexion
             to
             repeal
             any
             Law
             of
             force
             in
             Ireland
             .
             This
             introducing
             of
             our
             Laws
             thither
             ,
             shall
             not
             work
             to
             repeal
             their
             Laws
             ,
             but
             make
             a
             consistance
             of
             both
             Laws
             ,
             so
             far
             as
             they
             may
             stand
             together
             .
             On
             that
             Mr.
             Palmer
             said
             ,
             he
             would
             not
             enlarge
             himself
             ,
             it
             being
             not
             matter
             of
             Fact
             ,
             and
             it
             was
             not
             expected
             that
             matter
             of
             Law
             would
             have
             been
             insisted
             on
             ,
             and
             therefore
             he
             leaves
             it
             to
             those
             that
             shall
             hereafter
             give
             their
             Lordships
             satisfaction
             in
             point
             of
             Law.
             
          
           
             That
             which
             my
             Lord
             called
             a
             Judgement
             in
             Parliament
             ,
             11
             Eliz.
             recites
             that
             it
             was
             in
             time
             of
             desolation
             of
             Justice
             ;
             That
             the
             Captains
             had
             brought
             oppressions
             on
             the
             people
             .
             It
             was
             in
             a
             time
             ,
             when
             ,
             though
             the
             Irish
             had
             been
             victi
             long
             before
             ,
             yet
             they
             were
             not
             brought
             perfectly
             under
             subjection
             of
             the
             Laws
             of
             England
             ,
             there
             then
             remained
             Rebellions
             and
             Tumults
             ;
             It
             was
             in
             time
             of
             Hostility
             and
             War
             ,
             And
             that
             Statute
             gives
             but
             an
             Implication
             neither
             ,
             that
             Captains
             should
             not
             Assess
             without
             the
             Deputies
             Warrant
             :
             And
             it
             follows
             not
             ,
             that
             therefore
             he
             hath
             authority
             to
             do
             it
             .
             But
             howsoever
             the
             thing
             be
             ,
             this
             was
             for
             defence
             of
             the
             people
             ,
             to
             make
             resistance
             against
             Rebels
             .
             But
             the
             thing
             in
             charge
             was
             in
             time
             of
             peace
             ,
             and
             full
             government
             of
             the
             Law
             ,
             and
             so
             that
             Statute
             will
             give
             no
             justification
             at
             all
             .
          
           
             My
             Lord
             of
             Strafford
             concluded
             ,
             that
             there
             was
             no
             Treasonable
             Intent
             in
             this
             ,
             and
             therefore
             it
             should
             be
             no
             Treason
             on
             the
             Statute
             of
             the
             25
             Edw.
             3.
             
          
           
             My
             Lord
             recited
             the
             words
             of
             the
             Statute
             ,
             Not
             to
             be
             only
             the
             levying
             of
             the
             War
             ,
             but
             adhering
             to
             the
             Kings
             enemies
             ;
             but
             these
             glosses
             are
             not
             to
             be
             confounded
             but
             severed
             .
             The
             adhering
             to
             the
             Kings
             enemies
             ,
             is
             one
             offence
             within
             that
             Statute
             ,
             Levying
             of
             War
             another
             ;
             so
             that
             if
             there
             be
             no
             Adherence
             ,
             yet
             if
             there
             be
             Levying
             of
             War
             ,
             it
             will
             be
             Treason
             .
          
           
             And
             this
             levying
             of
             War
             ,
             it
             was
             on
             the
             Kings
             People
             ;
             perhaps
             there
             was
             no
             intent
             upon
             the
             Kings
             Sacred
             Person
             ;
             yet
             if
             it
             be
             against
             the
             Kings
             People
             ,
             such
             a
             levying
             of
             War
             is
             Treason
             ;
             ordinary
             Cases
             of
             Felony
             are
             to
             be
             against
             the
             Kings
             Crown
             and
             Dignity
             ,
             though
             it
             be
             the
             Homicide
             of
             a
             mean
             Subject
             ,
             it
             is
             against
             the
             Kings
             Crown
             and
             Dignity
             ,
             because
             it
             is
             against
             the
             protection
             and
             safety
             of
             that
             man
             that
             is
             the
             Kings
             Subject
             ;
             and
             so
             the
             levying
             of
             War
             on
             the
             Kings
             People
             ,
             by
             laying
             Soldiers
             in
             this
             hostile
             manner
             ,
             being
             against
             the
             protection
             ,
             by
             which
             they
             are
             governed
             ,
             against
             the
             safety
             ,
             by
             which
             
             the
             King
             is
             to
             defend
             them
             .
             It
             is
             a
             War
             against
             the
             King
             ,
             his
             Crown
             ,
             and
             Dignity
             ,
          
           
             This
             is
             the
             Answer
             to
             the
             Defence
             .
             And
             Mr.
             Palmer
             concluded
             ,
             That
             he
             conceived
             the
             Charge
             of
             the
             House
             of
             Commons
             ,
             in
             matter
             of
             Fact
             ,
             was
             fully
             maintained
             ,
             and
             for
             matter
             of
             Law
             ,
             if
             there
             remained
             any
             scruple
             ,
             a
             farther
             Argument
             ,
             and
             stronger
             Reasons
             should
             be
             offered
             hereafter
             .
          
           
             
               And
               so
               a
               Recess
               being
               granted
               for
               a
               day
               ,
               upon
               the
               Humble
               Request
               of
               my
               Lord
               of
            
             Strafford
             ,
             
               the
               House
               was
               Adjourned
               ,
               and
               Saturday
               following
               was
               appointed
               for
               the
               next
               meeting
               .
            
          
           
           
           
             THE
             Sixteenth
             Article
             .
             
               The
               Charge
            
             .
          
           
             16.
             
             THat
             the
             Earl
             of
             Strafford
             the
             Two
             and
             twentieth
             of
             February
             ,
             
             in
             the
             
               7
               th
            
             year
             of
             His
             Majesties
             Reign
             ,
             intending
             to
             oppress
             the
             said
             Subjects
             of
             Ireland
             ,
             did
             make
             a
             proposition
             ,
             and
             obtained
             from
             His
             Majesty
             an
             allowance
             thereof
             ,
             that
             no
             complaint
             of
             injustice
             or
             oppreision
             done
             in
             Ireland
             ,
             should
             be
             received
             in
             England
             against
             any
             ,
             unless
             it
             appeared
             ,
             that
             the
             party
             made
             first
             his
             address
             to
             him
             the
             said
             Earl
             ,
             and
             the
             said
             Earl
             having
             by
             such
             usurped
             ,
             Tyrannical
             ,
             and
             exorbitant
             power
             ,
             expressed
             in
             the
             former
             Articles
             ,
             destroyed
             ,
             and
             oppressed
             the
             Peers
             ,
             and
             other
             Subjects
             of
             that
             Kingdom
             of
             Ireland
             ,
             in
             their
             Lives
             ,
             Consciences
             ,
             Land
             ,
             Liberties
             ,
             and
             Estates
             ;
             the
             said
             Earl
             to
             the
             intent
             ,
             the
             better
             to
             maintain
             and
             strengthen
             his
             said
             power
             ,
             and
             to
             bring
             the
             people
             into
             a
             disaffection
             of
             His
             Majesty
             ,
             as
             aforesaid
             ;
             did
             use
             His
             Majesties
             Name
             in
             the
             execution
             of
             the
             said
             power
             .
          
           
             And
             to
             prevent
             the
             Subjects
             of
             that
             Realm
             of
             all
             means
             of
             complaints
             to
             His
             Majesty
             ,
             and
             of
             redress
             against
             him
             and
             his
             Agents
             ,
             did
             issue
             a
             Proclamation
             ,
             bearing
             date
             the
             
               17
               th
            
             day
             of
             September
             ,
             in
             the
             Eleventh
             year
             of
             His
             Majesties
             Reign
             ,
             thereby
             commanding
             all
             the
             Nobility
             ,
             Undertakers
             ,
             and
             others
             ,
             who
             held
             Estates
             and
             Offices
             in
             the
             said
             Kingdom
             ,
             (
             except
             such
             as
             were
             employed
             in
             His
             Majesties
             service
             ,
             or
             attending
             in
             England
             by
             His
             special
             command
             )
             to
             make
             their
             personal
             Residence
             in
             the
             said
             Kingdom
             of
             Ireland
             :
             and
             not
             to
             depart
             thence
             ,
             without
             Licence
             of
             himself
             .
          
           
             And
             the
             said
             Earl
             hath
             since
             issued
             other
             Proclamations
             to
             the
             same
             purpose
             ,
             by
             means
             whereof
             the
             Subjects
             of
             the
             said
             Realm
             are
             restrained
             from
             seeking
             relief
             against
             the
             oppressions
             of
             the
             said
             Earl
             ,
             without
             his
             Licence
             ;
             which
             Proclamation
             ,
             the
             said
             Earl
             hath
             by
             several
             rigorous
             ways
             ,
             as
             by
             Fine
             ,
             Imprisonment
             ,
             and
             otherwise
             ,
             put
             in
             execution
             on
             His
             Majesties
             Subjects
             ,
             as
             namely
             ,
             one
             Parry
             ,
             and
             others
             ,
             who
             came
             over
             onely
             to
             complain
             of
             the
             exorbitances
             and
             oppressions
             of
             the
             said
             Earl.
             
          
        
         
           
           
             April
             3.
             1641.
             
             Mr.
             Palmer
             Proceeded
             in
             further
             Maintenance
             of
             the
             Charge
             of
             High-Treason
             ,
             by
             the
             Commons
             of
             England
             ,
             against
             the
             Earl
             of
             Strafford
             ;
             and
             said
             ,
             They
             were
             now
             entring
             upon
             the
             
               Sixteenth
               Article
            
             of
             his
             IMPEACHMENT
             ,
             and
             shewed
             ;
          
           
             THat
             from
             the
             Former
             Articles
             had
             been
             represented
             several
             and
             divers
             sorts
             of
             Crimes
             ;
             and
             how
             that
             in
             every
             of
             them
             their
             Lordships
             might
             perceive
             a
             Power
             assumed
             by
             my
             Lord
             of
             Strafford
             ,
             above
             ,
             and
             contrary
             to
             the
             Laws
             ,
             and
             destructive
             to
             them
             in
             every
             part
             ,
             so
             far
             as
             concerned
             the
             Subject
             Matter
             ;
             and
             ,
             how
             these
             Multiplications
             of
             Acts
             did
             presuppose
             an
             Habit
             ,
             and
             evidently
             proved
             that
             main
             Charge
             ,
             wherewith
             he
             was
             Accused
             ,
             viz.
             
               His
               endeavouring
               the
               Subversion
               of
               the
               Established
               Laws
               and
               Government
               ,
               and
               to
               introduce
               an
               Arbitrary
               and
               Tyrannical
               Power
               .
            
          
           
             And
             ,
             that
             by
             this
             Article
             it
             would
             appear
             unto
             their
             Lordships
             ,
             that
             those
             Exorbitances
             that
             were
             done
             in
             Ireland
             ,
             were
             prepensed
             and
             intended
             ,
             before
             his
             going
             thither
             ;
             That
             those
             Oppressions
             were
             so
             by
             him
             done
             ;
             and
             ,
             that
             he
             might
             Countenance
             it
             ,
             the
             Article
             Charges
             him
             ,
             that
             on
             the
             22
             th
             of
             February
             ,
             in
             the
             7
             th
             year
             of
             the
             King
             ,
             he
             procured
             from
             his
             Majesties
             own
             allowance
             ,
             that
             no
             Complaint
             of
             Injustice
             ,
             or
             Oppression
             should
             be
             received
             in
             England
             ,
             unless
             the
             Party
             made
             first
             his
             Address
             himself
             to
             the
             Deputy
             ,
             and
             this
             was
             obtained
             on
             his
             repairing
             to
             that
             Government
             :
             And
             this
             was
             to
             be
             observed
             by
             the
             Secretaries
             here
             ,
             the
             Masters
             of
             Request
             ,
             and
             all
             others
             by
             whom
             Complaints
             might
             have
             passage
             to
             His
             Majesty
             ;
             and
             ,
             it
             remained
             as
             a
             Caution
             ,
             that
             none
             should
             be
             admitted
             .
          
           
             It
             is
             true
             ,
             many
             specious
             Reasons
             and
             Arguments
             were
             subscribed
             to
             this
             Proposition
             ,
             but
             the
             effect
             of
             them
             was
             ,
             to
             take
             the
             Reines
             of
             Rule
             into
             his
             own
             hands
             ,
             to
             prevent
             the
             immediate
             access
             and
             approach
             of
             the
             Subjects
             to
             His
             Majesty
             ,
             in
             their
             seeking
             of
             redress
             for
             their
             Grievances
             .
          
           
             And
             ,
             in
             the
             11
             th
             year
             of
             the
             King
             ,
             after
             some
             time
             spent
             there
             ,
             to
             prevent
             them
             of
             all
             meanes
             of
             Redress
             ,
             their
             Complaints
             being
             before
             Imbargued
             ,
             that
             they
             could
             not
             be
             received
             ,
             no
             person
             at
             all
             must
             come
             over
             without
             License
             ;
             There
             must
             not
             be
             a
             Rumour
             of
             what
             was
             done
             in
             Ireland
             ,
             but
             such
             as
             he
             should
             so
             Authorize
             .
             To
             that
             end
             ,
             by
             colour
             of
             some
             Laws
             in
             Ireland
             ,
             concerning
             them
             that
             were
             to
             maintain
             their
             Lands
             against
             the
             Irish
             in
             times
             of
             Hostility
             and
             Rebellion
             ;
             and
             ,
             under
             colour
             of
             some
             Instruction
             ,
             for
             their
             keeping
             their
             Residence
             on
             their
             Lands
             ,
             as
             also
             of
             a
             Letter
             to
             that
             purpose
             from
             His
             Majesty
             ,
             he
             is
             Charged
             ;
             that
             on
             the
             17
             th
             of
             Sept.
             11
             Car.
             he
             issued
             a
             Proclamation
             ,
             and
             that
             Commands
             the
             Nobility
             ,
             Undertakers
             ,
             and
             others
             that
             held
             Estates
             in
             Ireland
             ,
             to
             reside
             there
             ,
             and
             not
             to
             depart
             without
             his
             Licence
             ,
             and
             so
             restrained
             
             them
             from
             seeking
             Relief
             against
             his
             Oppressions
             ,
             without
             his
             Licence
             .
             To
             them
             that
             desired
             Licenses
             ,
             he
             deny'd
             them
             :
             On
             them
             that
             adventur'd
             to
             repair
             hither
             without
             Licence
             ,
             he
             imposed
             Fines
             and
             Imprisonments
             for
             transgressing
             that
             Proclamation
             ;
             and
             ,
             howsoever
             this
             may
             be
             Coloured
             with
             Pretences
             of
             Instructions
             ,
             and
             Letters
             from
             His
             Majesty
             ,
             it
             is
             an
             Usurpation
             on
             Regality
             ,
             and
             an
             undermining
             of
             the
             Protection
             of
             His
             Majesty
             over
             His
             People
             .
          
           
             For
             Proof
             thereof
             ,
          
           
             
               Iohn
               Loftus
            
             being
             Sworn
             ,
             Attested
             ;
             That
             the
             Copy
             of
             the
             Propositions
             ,
             
             made
             by
             my
             Lord
             of
             Strafford
             ,
             was
             taken
             out
             of
             the
             Clerk
             of
             the
             Councils
             Office
             ,
             and
             was
             a
             true
             Copy
             .
          
           
             The
             said
             Propositions
             were
             Read.
             
          
           
             At
             VVhitehall
             ,
             22
             th
             of
             Feb.
             1631.
             
          
           
             Propositions
             to
             be
             considered
             of
             by
             His
             Majesty
             ,
             concerning
             the
             Government
             of
             Ireland
             .
          
           
             These
             Propositions
             were
             entered
             according
             to
             His
             Majesties
             pleasure
             ,
             signified
             by
             Mr.
             Secretary
             Cooke
             .
          
           
             These
             Propositions
             made
             to
             His
             Majesty
             by
             the
             Lord
             Wentworth
             Lord
             Deputy
             of
             Ireland
             ,
             and
             Lord
             President
             of
             the
             North
             ,
             were
             Read
             and
             Approved
             of
             at
             the
             Council
             Board
             ,
             17
             th
             Feb.
             1631.
             
          
           
             There
             being
             Present
             ,
             &c.
             
          
           
             
               THat
               no
               particular
               Complaint
               of
               Iustice
               ,
               or
               Oppression
               ,
               be
               admitted
               here
               against
               any
               ,
               unless
               it
               appear
               ,
               the
               Party
               made
               first
               his
               Address
               to
               the
               Deputy
               ,
               This
               is
               but
               Iustice
               to
               the
               Deputy
               ,
               who
               must
               needs
               ,
               in
               some
               measure
               ,
               be
               a
               Delinquent
               .
            
          
           
             Whence
             Mr.
             Palmer
             Inferred
             ,
             It
             did
             appear
             that
             this
             was
             to
             be
             Entered
             ,
             and
             remain
             with
             the
             Secretaries
             ,
             Masters
             of
             Requests
             ,
             and
             all
             others
             whom
             it
             might
             concern
             .
          
           
             The
             next
             thing
             is
             the
             Proclamation
             ,
             in
             effect
             as
             followeth
             ;
          
           
             17
             th
             of
             Sept.
             11
             Car
             ,
             By
             the
             Lord
             Deputy
             and
             Council
             .
             A
             Proclamation
             ,
             That
             Noblemen
             ,
             Undertakers
             ,
             and
             others
             ,
             shall
             be
             Resident
             here
             .
          
           
             After
             the
             Preamble
             it
             Imports
             ,
          
           
             
               WE
               therefore
               ,
               in
               Obedience
               to
               His
               Majesties
               Royal
               Command
               signified
               by
               the
               said
               Letter
               ,
               Do
               Publish
               ,
               Declare
               ,
               and
               make
               known
               His
               Princely
               Pleasure
               ,
               That
               all
               the
               Nobility
               ,
               Undertakers
               ,
               and
               others
               that
               hold
               Estates
               and
               Offices
               in
               the
               Kingdom
               (
               such
               only
               excepted
               ,
               as
               are
               imployed
               in
               His
               Service
               in
            
             England
             )
             
               do
               hereafter
               make
               their
               Personal
               Residences
               here
               ;
               And
               not
               depart
               to
            
             England
             ,
             
             
               or
               other
               place
               ,
               without
               Licence
               of
               us
               the
               Lord
               Deputy
               ,
               any
               former
               Letter
               to
               the
               contrary
               notwithstanding
               :
               And
               ,
               in
               case
               we
               the
               Lord
               Deputy
               shall
               have
               notice
               of
               their
               Contempt
               of
               His
               Majesties
               Will
               ,
               We
               shall
               proceed
               against
               them
               in
               an
               Exemplary
               way
               to
               deter
               others
               :
               Therefore
               we
               straightly
               Command
               all
               manner
               of
               persons
               to
               take
               notice
               of
               this
            
             Proclamation
             .
          
           
             Mr.
             Palmer
             observed
             ,
             That
             by
             the
             Propositions
             ,
             all
             Complaints
             are
             prevented
             :
             by
             the
             Proclamation
             all
             persons
             are
             restrayned
             from
             coming
             over
             without
             the
             Lord
             Deputies
             Licence
             .
             And
             ,
             that
             in
             pursuance
             hereof
             ,
             several
             persons
             that
             have
             required
             Licences
             have
             been
             refused
             ;
             That
             many
             of
             their
             occasions
             to
             come
             over
             ,
             were
             Complaints
             against
             the
             Deputy
             himself
             ;
             That
             such
             use
             hath
             been
             made
             of
             this
             Act
             ,
             that
             the
             Committee
             of
             the
             House
             of
             Parliament
             there
             were
             restrained
             from
             coming
             over
             ,
             on
             pretence
             of
             this
             Prohibition
             .
          
           
             Witnesses
             were
             produced
             .
             And
             first
             ,
          
           
             
               Richard
               Wade
            
             being
             Sworn
             ,
             was
             Interrogated
             ,
             Whether
             my
             Lord
             of
             
             Esmond
             did
             not
             require
             Licence
             to
             come
             into
             England
             ,
             and
             if
             it
             was
             deny'd
             him
             ?
             And
             ,
             Whether
             he
             had
             not
             a
             Suit
             depending
             with
             my
             Lord
             of
             Strafford
             ,
             and
             he
             would
             not
             let
             him
             come
             over
             till
             Publication
             passed
             ,
             whereby
             he
             was
             prevented
             of
             examining
             his
             Witnesses
             ?
          
           
             He
             Answered
             ,
             That
             in
             August
             ,
             1638
             ,
             my
             Lord
             of
             Esmond
             sent
             him
             with
             a
             Petition
             to
             my
             Lord
             Deputy
             ,
             for
             Licence
             to
             go
             to
             make
             an
             end
             of
             the
             Cause
             ,
             wherein
             my
             Lord
             Lieutenant
             was
             Plaintiff
             ;
             That
             he
             delivered
             the
             Petition
             to
             my
             Lord
             Lieutenant
             himself
             ,
             and
             waited
             on
             him
             every
             day
             for
             his
             Answer
             ;
             that
             he
             could
             not
             get
             Licence
             on
             that
             Petition
             .
             That
             ,
             after
             this
             ,
             in
             
             Michaelmas-Term
             ,
             1638
             ,
             as
             he
             takes
             it
             ,
             my
             Lord
             of
             Esmond
             procured
             the
             Kings
             Letter
             ;
             This
             Letter
             he
             delivered
             to
             my
             Lord
             Deputy
             ,
             by
             direction
             of
             my
             Lord
             of
             Esmond
             ;
             but
             ,
             in
             this
             ,
             could
             not
             get
             Licence
             :
             So
             that
             he
             was
             deteined
             from
             Aug.
             1638
             ,
             till
             April
             following
             ,
             and
             he
             thinks
             till
             Publication
             was
             granted
             .
          
           
             Lorky
             being
             Sworn
             ,
             and
             Interrogated
             touching
             my
             Lord
             of
             Esmonds
             
             restraint
             ,
             till
             the
             passing
             of
             Publication
             ,
          
           
             He
             Answered
             ,
             That
             when
             my
             Lord
             of
             Esmond
             heard
             ,
             that
             my
             Lord
             of
             Strafford
             had
             Incerted
             him
             into
             a
             Bill
             ,
             amongst
             other
             Defendants
             in
             the
             Star-Chamber
             ,
             my
             Lord
             desired
             leave
             to
             come
             to
             England
             ,
             to
             make
             his
             Defence
             in
             that
             Cause
             ,
             and
             to
             appear
             in
             it
             in
             person
             ,
             because
             without
             his
             Lordships
             leave
             he
             could
             not
             come
             over
             ,
             by
             vertue
             of
             this
             Proclamation
             .
             My
             Lord
             sollicited
             his
             leave
             ,
             first
             by
             a
             Petition
             ,
             Aug.
             1638.
             afterwards
             by
             several
             Letters
             ,
             some
             ,
             he
             (
             the
             Deponent
             )
             carried
             to
             his
             Lordship
             ,
             who
             still
             denied
             leave
             ,
             and
             would
             not
             suffer
             my
             Lord
             of
             Esmond
             to
             come
             over
             ,
             till
             after
             Publication
             was
             granted
             in
             the
             Cause
             ,
             which
             he
             conceives
             was
             in
             April
             ;
             my
             Lord
             of
             Esmond
             having
             sollicited
             from
             April
             ,
             1638
             ,
             till
             Aprill
             following
             .
          
           
           
             
               Richard
               Wade
            
             Interrogated
             ,
             What
             my
             Lord
             Lieutenant
             said
             to
             him
             ,
             concerning
             my
             Lord
             of
             Esmonds
             coming
             over
             ?
             
          
           
             He
             Answered
             ,
             That
             on
             delivery
             of
             the
             Kings
             Letter
             to
             him
             ,
             when
             he
             looked
             on
             it
             in
             the
             evening
             ,
             the
             out-side
             (
             said
             my
             Lord
             of
             Strafford
             )
             is
             Secretary
             Crookes
             hand
             ;
             and
             ,
             to
             morrow
             morning
             ,
             if
             you
             attend
             me
             ,
             you
             shall
             have
             an
             Answer
             .
          
           
             That
             the
             next
             morning
             ,
             he
             (
             the
             Deponent
             )
             came
             to
             the
             Secretary
             Carr
             ,
             who
             told
             his
             Lordship
             ,
             The
             Deponent
             was
             there
             .
          
           
             That
             my
             Lord
             sent
             for
             him
             ,
             the
             Deponent
             ,
             to
             his
             Study
             ,
             and
             said
             ,
             What
             needs
             my
             Lord
             of
             Esmond
             be
             so
             importunate
             ,
             for
             he
             can
             do
             nothing
             there
             ;
             but
             his
             Attorney
             and
             Agent
             may
             do
             it
             .
             Indeed
             ,
             said
             he
             ,
             the
             Deponent
             ,
             My
             Lord
             intends
             only
             to
             go
             over
             to
             get
             a
             Commission
             to
             justifie
             his
             Innocency
             :
             Why
             then
             saith
             my
             Lord
             of
             Strafford
             ,
             I
             will
             not
             give
             way
             ,
             he
             shall
             have
             no
             Commission
             but
             what
             is
             out
             already
             :
             and
             ,
             if
             he
             have
             any
             Commission
             ,
             it
             is
             but
             Negative
             .
          
           
             And
             ,
             Mr.
             Palmer
             observed
             ,
             That
             by
             this
             meanes
             my
             Lord
             of
             Esmond
             
             came
             to
             be
             Sentenced
             ;
             and
             ,
             Mr.
             Maynard
             added
             ,
             That
             so
             might
             the
             most
             innocent
             Man.
             
          
           
             Lord
             Roche
             Sworn
             ,
             and
             Interrogated
             ,
             Whether
             he
             did
             not
             demand
             a
             
             Licence
             ,
             and
             was
             deny'd
             ;
             and
             ,
             in
             what
             suit
             he
             thought
             to
             be
             relieved
             ?
          
           
             He
             Answered
             ,
             That
             he
             prayed
             my
             Lord
             to
             give
             him
             leave
             ,
             and
             he
             deny'd
             him
             :
             That
             his
             occasion
             to
             come
             over
             was
             about
             an
             Information
             ,
             preferred
             against
             him
             half
             a
             year
             before
             in
             the
             Star-Chamber
             :
             conceiving
             ,
             that
             there
             were
             some
             intentions
             against
             him
             ,
             that
             tended
             much
             to
             his
             prejudice
             ,
             by
             my
             Lord
             Deputy
             ,
             and
             Lord
             President
             of
             Munster
             ,
             who
             were
             the
             occasion
             of
             the
             Information
             ,
             as
             he
             conceived
             ;
             and
             ,
             that
             he
             intended
             to
             come
             over
             ,
             hoping
             he
             might
             do
             something
             with
             the
             King
             ,
             and
             their
             Lordships
             ;
             and
             ,
             when
             he
             demanded
             Licence
             (
             his
             Lordship
             coming
             to
             take
             Ship
             ,
             and
             he
             (
             the
             Deponent
             )
             conducting
             him
             )
             he
             deny'd
             it
             him
             (
             the
             Deponent
             )
             and
             the
             Suit
             was
             not
             pursued
             in
             five
             or
             six
             months
             ;
             and
             ,
             till
             my
             Lord
             went
             over
             nothing
             was
             said
             of
             it
             ,
             which
             was
             five
             or
             six
             months
             more
             .
          
           
             My
             Lord
             of
             Strafford
             desired
             he
             might
             be
             Asked
             ,
             Whether
             he
             was
             not
             then
             Prisoner
             in
             the
             Castle
             ?
             he
             alleadging
             ,
             That
             he
             was
             in
             prison
             for
             divers
             
             great
             Misdemeanors
             ,
             and
             being
             Interrogated
             accordingly
             ,
          
           
             He
             Answered
             ,
             That
             he
             was
             not
             a
             Prisoner
             in
             half
             a
             year
             after
             ,
             till
             my
             Lord
             came
             out
             of
             England
             ;
             nor
             was
             the
             Cause
             followed
             in
             five
             or
             six
             Months
             after
             he
             propounded
             a
             Licence
             to
             his
             Lordship
             ,
             which
             was
             the
             day
             his
             Lordship
             went
             Aboard
             .
          
           
             The
             next
             case
             offered
             is
             the
             case
             of
             
               Dermond
               Mac
               Carty
            
             ,
             who
             had
             a
             Suit
             against
             him
             several
             times
             ,
             dismissed
             in
             a
             Court
             of
             Justice
             ,
             which
             my
             Lord
             Deputy
             took
             afterwards
             into
             determination
             himself
             ,
             and
             made
             an
             Order
             
             against
             him
             in
             the
             Cause
             that
             was
             so
             diminished
             :
             Mac-Carty
             ,
             Grandchild
             to
             him
             against
             whom
             the
             Order
             was
             made
             (
             who
             was
             not
             bound
             by
             the
             Order
             ;
             having
             no
             Land
             ,
             nor
             Office
             in
             Ireland
             ,
             and
             so
             not
             bound
             by
             the
             Proclamation
             )
             desired
             leave
             to
             come
             into
             England
             ,
             to
             Complain
             indeed
             of
             this
             Injustice
             ,
             though
             he
             pretended
             it
             was
             for
             his
             Education
             ,
             but
             was
             deny'd
             by
             my
             Lord
             ,
             and
             by
             others
             in
             his
             absence
             ,
             because
             my
             Lord
             had
             deny'd
             him
             before
             .
          
           
             The
             Petition
             subscribed
             by
             my
             Lord
             Deputy
             himself
             was
             Read
             ,
             my
             Lord
             Acknowledged
             it
             to
             be
             under
             his
             own
             hand
             .
          
           
             
               
                 
                   
                     To
                     the
                     Right
                     Honourable
                     the
                     Lord
                     Viscount
                     Wentworth
                     ,
                     &c.
                     
                  
                   
                     THe
                     humble
                     Petition
                     of
                     
                       Dermond
                       Mac-Carty
                    
                     ,
                     showing
                     ,
                     That
                     your
                     Petitioner
                     ,
                     for
                     his
                     Private
                     Occasions
                     ,
                     specially
                     for
                     better
                     Breeding
                     and
                     Education
                     ,
                     is
                     desirous
                     to
                     Travel
                     into
                     the
                     Realm
                     of
                     England
                     ;
                     He
                     therefore
                     most
                     humbly
                     prayeth
                     ,
                     your
                     Lordship
                     will
                     be
                     pleased
                     ,
                     to
                     Licence
                     and
                     Dispence
                     with
                     his
                     Iourney
                     thither
                     ,
                     And
                     he
                     will
                     ever
                     pray
                     ,
                     &c.
                     
                  
                
              
            
          
           
             
               
                 
                   
                     
                       Dublin-Castle
                       ,
                       
                         28
                         Iune
                         ,
                         1637.
                         
                      
                    
                  
                   
                     FOr
                     Our
                     Reasons
                     ,
                     best
                     known
                     to
                     Our Selves
                     ,
                     We
                     think
                     it
                     not
                     fit
                     to
                     Grant
                     the
                     Petitioners
                     Request
                     ;
                     but
                     do
                     rather
                     hereby
                     expresly
                     inhibit
                     ,
                     and
                     forbid
                     him
                     to
                     Transport
                     himself
                     into
                     England
                     ,
                     or
                     any
                     part
                     beyond
                     the
                     Seas
                     ,
                     without
                     Our
                     Licence
                     first
                     had
                     in
                     that
                     behalf
                     :
                     And
                     ,
                     of
                     these
                     Directions
                     the
                     Petitioner
                     is
                     required
                     ,
                     not
                     only
                     to
                     take
                     notice
                     ,
                     but
                     also
                     obey
                     the
                     same
                     ,
                     as
                     he
                     will
                     answer
                     the
                     contrary
                     at
                     his
                     utmost
                     Peril
                     .
                  
                
              
            
          
           
             On
             a
             second
             Petition
             preferred
             by
             Mac-Carty
             (
             because
             my
             Lord
             Deputy
             had
             refused
             to
             give
             him
             Licence
             )
             Sir
             
               Christopher
               Wainsford
            
             did
             also
             refuse
             his
             Licence
             .
          
           
             The
             Petition
             ,
             and
             the
             Answer
             thereunto
             purporting
             to
             that
             effect
             ,
             were
             Read.
             
          
           
             
               Iames
               Nash
            
             Sworn
             ,
             and
             Interrogated
             ,
             Whether
             the
             occasion
             of
             these
             Petitions
             was
             not
             to
             Complain
             of
             that
             Decree
             ,
             made
             by
             my
             Lord
             Deputy
             ,
             in
             a
             Cause
             ,
             that
             had
             in
             a
             Court
             of
             Justice
             been
             dismissed
             ?
          
           
             He
             Answered
             ,
             That
             he
             knew
             the
             passages
             of
             all
             the
             Causes
             ,
             having
             
             been
             a
             Sollicitor
             and
             Agent
             for
             the
             Father
             of
             Mac-Carty
             ,
             and
             waiting
             on
             their
             occasions
             in
             Dublin
             .
             That
             after
             the
             obtaining
             of
             two
             Dismissions
             in
             the
             Suit
             ,
             my
             Lord
             did
             Order
             and
             Decree
             for
             Sir
             
               Iames
               Craig
            
             5496
             l.
             against
             Mac-Carty
             .
             And
             ,
             on
             this
             Decree
             ,
             an
             Order
             ,
             to
             Dispossess
             him
             of
             all
             his
             Fathers
             Estate
             ;
             and
             he
             being
             Banish'd
             into
             a
             Foreign
             Part
             the
             young
             Man
             ,
             for
             fear
             ,
             would
             not
             come
             in
             and
             appear
             ;
             but
             ,
             hoping
             to
             have
             Redress
             in
             England
             ,
             did
             Petition
             in
             this
             matter
             ,
             in
             desire
             and
             hope
             to
             have
             Redress
             in
             that
             dismission
             made
             by
             the
             Lord
             Strafford
             .
          
           
           
             Mr.
             Palmer
             Opened
             the
             Case
             of
             Parry
             his
             Fine
             and
             Imprisonment
             ,
             who
             is
             mentioned
             in
             the
             Article
             ;
             That
             he
             was
             Servant
             to
             the
             late
             Lord
             Chancellor
             ,
             was
             Examined
             before
             my
             Lord
             Deputy
             of
             some
             things
             that
             concerned
             his
             Master
             ,
             and
             had
             Answered
             so
             much
             as
             it
             pleased
             my
             Lord
             to
             require
             of
             him
             .
             That
             after
             this
             (
             being
             used
             to
             follow
             my
             Lord
             Chancellors
             occasions
             )
             my
             Lord
             Deputy
             ,
             to
             prevent
             his
             coming
             over
             ,
             referred
             him
             to
             further
             Examination
             before
             the
             Iudges
             ,
             whom
             he
             attended
             five
             or
             six
             dayes
             ,
             but
             there
             was
             nothing
             to
             examine
             him
             upon
             ,
             for
             he
             had
             delivered
             all
             that
             was
             required
             ,
             as
             fully
             as
             he
             knew
             ;
             That
             finding
             my
             Lord
             Chancellors
             occasions
             very
             urgent
             ,
             he
             came
             into
             England
             ;
             and
             ,
             as
             soon
             as
             he
             came
             hither
             ,
             it
             seems
             he
             was
             followed
             with
             directions
             thence
             ;
             for
             ,
             by
             Warrant
             from
             Secretary
             Cook
             he
             was
             apprehended
             by
             a
             Messenger
             ;
             and
             the
             Warrant
             expresses
             it
             ,
             that
             he
             was
             one
             that
             came
             over
             without
             Licence
             :
             That
             he
             was
             turned
             over
             to
             Mr.
             Ralton
             ,
             my
             Lords
             Agent
             ,
             and
             must
             give
             Bond
             to
             repair
             ,
             and
             make
             his
             appearance
             in
             Ireland
             :
             Before
             that
             Bond
             was
             discharged
             ,
             he
             did
             return
             ;
             and
             ,
             after
             his
             return
             ,
             he
             Petitioned
             to
             be
             Discharged
             of
             this
             Bond
             ,
             he
             conceiving
             he
             might
             come
             over
             without
             Licence
             ,
             having
             no
             Estate
             nor
             Office
             in
             Ireland
             ;
             yet
             notwithstanding
             he
             was
             Sentenced
             ,
             Fined
             ,
             and
             Imprisoned
             .
             It
             is
             true
             ,
             the
             Cause
             expressed
             in
             the
             Sentence
             ,
             is
             ,
             Because
             he
             went
             away
             not
             being
             Examined
             ;
             and
             the
             Sentence
             expresses
             ,
             That
             he
             is
             not
             Fined
             for
             coming
             without
             Licence
             ,
             but
             because
             he
             came
             away
             without
             being
             Examined
             .
          
           
             
               Henry
               Parry
            
             Sworn
             ,
             was
             Interrogated
             ,
             Whether
             the
             Copy
             showed
             unto
             
             him
             was
             a
             true
             Copy
             of
             Secretary
             Cooks
             Warrant
             ?
          
           
             He
             Answered
             ,
             That
             he
             examined
             it
             with
             the
             Original
             .
          
           
             The
             Warrant
             was
             Read.
             
          
           
             
               THese
               are
               ,
               in
               His
               Majesties
               Name
               ,
               to
               will
               and
               Command
               you
               ,
               to
               make
               your
               present
               repair
               to
               any
               place
               ,
               where
               you
               shall
               understand
               of
               the
               —
               of
            
             Henry
             Parry
             
               Gent.
               lately
               come
               out
               of
            
             Ireland
             
               without
               Licence
               ;
               and
               ,
               by
               Vertue
               hereof
               ,
               to
               take
               him
               into
               Custody
               ,
               and
               keep
               him
               safe
               till
               you
               hear
               from
               me
               .
            
          
           
             Greenwich
             ,
             20
             June
             ,
             1633.
             
             To
             Thomas
             Welch
             ,
             
               Messenger
               of
               the
               Kings
               Chamber
            
             .
          
           
             
               Henry
               Parry
            
             being
             Interrogated
             ,
             What
             were
             the
             Proceedings
             with
             him
             about
             his
             Examinations
             in
             Ireland
             ,
             before
             his
             coming
             over
             ?
             And
             ,
             What
             was
             the
             whole
             Process
             of
             the
             business
             ?
          
           
             He
             Answered
             ,
             That
             21
             April
             ,
             1638
             ,
             my
             Lord
             of
             Ely
             ,
             then
             Lord
             Chancellor
             ,
             his
             Lord
             and
             Master
             ,
             was
             Committed
             to
             the
             Castle
             of
             Dublin
             ,
             and
             ,
             no
             sooner
             Committed
             ,
             but
             he
             (
             the
             Deponent
             )
             was
             sent
             for
             to
             the
             Council
             Board
             ,
             and
             ,
             an
             Oath
             Administred
             to
             him
             ,
             by
             the
             Clerk
             of
             the
             Council
             ,
             on
             my
             Lord
             of
             Straffords
             direction
             .
             That
             thereupon
             his
             Lordship
             Interrogated
             him
             ,
             Where
             the
             Great
             Seal
             was
             ?
             He
             answered
             his
             Lordship
             ,
             That
             he
             knew
             not
             where
             it
             was
             ,
             unless
             it
             was
             with
             my
             Lord
             of
             Ely
             :
             And
             ,
             after
             his
             Lordship
             had
             Examined
             him
             to
             that
             ,
             he
             Commanded
             him
             
             to
             attend
             the
             Iudges
             the
             next
             day
             ,
             to
             be
             Examined
             on
             some
             Papers
             of
             his
             (
             the
             Deponents
             )
             which
             his
             Lordship
             had
             seized
             and
             brought
             to
             the
             Council
             〈◊〉
             ,
             and
             thereupon
             he
             was
             dismissed
             at
             night
             .
             That
             Monday
             next
             (
             this
             being
             Saturday
             )
             he
             attended
             the
             Iudges
             alone
             to
             be
             Examined
             ,
             and
             attended
             not
             only
             that
             day
             ,
             but
             five
             dayes
             more
             ,
             from
             thence
             to
             Saturday
             .
             That
             on
             Saturday
             ,
             my
             Lord
             of
             Ely
             told
             him
             ,
             He
             had
             occasion
             to
             send
             him
             over
             into
             England
             ,
             and
             desired
             him
             to
             go
             :
             That
             he
             did
             come
             away
             with
             some
             Letters
             from
             his
             Lordship
             ,
             to
             some
             of
             his
             Lordships
             Friends
             here
             ;
             And
             ,
             as
             soon
             as
             he
             came
             here
             with
             Instructions
             from
             his
             Lordship
             ,
             the
             Instructions
             were
             given
             to
             his
             Lordships
             Friends
             ,
             to
             Sollicite
             His
             Sacred
             Majesty
             for
             his
             Relief
             ,
             and
             Enlargement
             out
             of
             Prison
             ;
             and
             he
             continued
             a
             matter
             of
             two
             Months
             or
             thereabouts
             ;
             and
             on
             that
             ,
             one
             
               Thomas
               Welsh
            
             ,
             by
             Vertue
             of
             Secretary
             Cookes
             Warrant
             ,
             attached
             him
             ,
             and
             kept
             him
             in
             Restraint
             about
             three
             weeks
             .
             At
             the
             end
             of
             three
             weeks
             he
             was
             sent
             for
             to
             Mr.
             Ralton
             ,
             who
             told
             him
             ,
             It
             was
             Secretary
             Cookes
             pleasure
             he
             should
             enter
             into
             Bond
             to
             go
             into
             Ireland
             ,
             else
             he
             should
             be
             sent
             by
             a
             Messenger
             .
          
           
             That
             he
             (
             the
             Deponent
             )
             Answered
             ,
             He
             could
             not
             pay
             a
             Messenger
             ,
             but
             if
             he
             could
             not
             get
             leave
             to
             stay
             ,
             he
             would
             enter
             into
             Bond
             to
             go
             to
             Ireland
             :
             That
             Mr.
             Ralton
             took
             a
             Bond
             ,
             to
             appear
             the
             10
             th
             or
             12
             th
             of
             August
             following
             ,
             this
             being
             in
             Iuly
             ,
             1638.
             
             That
             he
             came
             into
             Ireland
             according
             to
             the
             Tenor
             of
             his
             Bond.
             That
             my
             Lord
             of
             Strafford
             being
             to
             go
             into
             the
             Country
             ,
             he
             presented
             himself
             before
             his
             Lordship
             in
             the
             Gallery
             at
             the
             Castle
             ,
             and
             acquainted
             his
             Lordship
             ,
             that
             he
             was
             there
             to
             attend
             his
             Lordship
             ,
             according
             to
             the
             Tenor
             of
             the
             Bond.
             His
             Lordship
             Asked
             him
             ,
             Who
             took
             his
             Bond
             ?
             he
             acquainted
             his
             Lordship
             ,
             That
             it
             was
             his
             Agent
             Mr.
             Ralton
             .
             His
             Lordship
             Asked
             ,
             What
             Warrant
             had
             Mr.
             Ralton
             to
             take
             Bond
             of
             you
             ?
             He
             ,
             (
             the
             Deponent
             )
             acquainted
             his
             Lordship
             ,
             He
             did
             not
             know
             any
             Warrant
             he
             had
             :
             but
             ,
             he
             said
             ,
             He
             had
             direction
             from
             Secretary
             Cook.
             
          
           
             My
             Lord
             Asked
             further
             ,
             Where
             he
             took
             the
             Bond
             ,
             if
             at
             the
             Signet-Office
             ?
             No
             :
             said
             he
             (
             the
             Deponent
             )
             It
             was
             at
             his
             own
             house
             .
             My
             Lord
             Answered
             ,
             That
             he
             (
             the
             Deponent
             )
             might
             do
             well
             to
             attend
             at
             the
             next
             sitting
             of
             the
             Council-Board
             .
             And
             ,
             that
             he
             (
             the
             Deponent
             )
             going
             away
             ,
             his
             Lordship
             called
             him
             back
             ,
             and
             said
             ,
             Methinks
             ,
             Mr.
             Parry
             you
             are
             much
             Sun-burned
             ,
             the
             weather
             is
             very
             hot
             in
             England
             .
             He
             (
             the
             Deponent
             )
             Answered
             again
             ,
             The
             weather
             is
             very
             fair
             .
             His
             Lordship
             Interrogated
             him
             ,
             Where
             my
             Lady
             Moore
             was
             ?
             and
             ,
             How
             she
             did
             ?
             He
             (
             the
             Deponent
             )
             acquainted
             his
             Lordship
             ,
             She
             was
             in
             England
             .
          
           
             Here
             my
             Lord
             of
             Strafford
             interrupted
             him
             ,
             Asking
             ,
             If
             this
             was
             to
             the
             
             Business
             ?
             but
             ,
             having
             direction
             to
             go
             on
             ,
          
           
             He
             Added
             ,
             That
             my
             Lord
             Asked
             him
             ,
             Why
             he
             did
             not
             stay
             abroad
             to
             help
             my
             Lady
             Moore
             to
             spread
             abroad
             her
             Malice
             against
             him
             (
             my
             Lord
             of
             Strafford
             )
             to
             which
             he
             (
             the
             Deponent
             )
             said
             ,
             He
             could
             say
             nothing
             :
             and
             so
             was
             dismissed
             .
             That
             afterwards
             
             he
             attended
             with
             a
             Petition
             of
             my
             Lord
             of
             
             Ely's
             ;
             and
             ,
             that
             my
             Lord
             Asked
             him
             ,
             Where
             his
             Petition
             was
             ?
             He
             said
             ,
             He
             had
             not
             any
             ,
             but
             presented
             his
             Person
             .
             His
             Lordship
             told
             him
             ,
             That
             it
             was
             Councel-Board-day
             for
             Petitions
             ,
             and
             wished
             him
             to
             come
             some
             other
             time
             :
             yet
             after
             ,
             was
             called
             back
             ,
             and
             had
             an
             Answer
             to
             the
             Petition
             .
             That
             the
             Tuesday
             following
             ,
             (
             as
             he
             takes
             it
             )
             he
             appeared
             before
             his
             Lordship
             again
             ,
             without
             any
             Petition
             ,
             not
             knowing
             any
             cause
             he
             had
             to
             Petition
             :
             That
             ,
             the
             next
             day
             after
             he
             Petition'd
             ;
             and
             on
             Reading
             his
             Petition
             ,
             the
             Constable
             of
             the
             Castle
             was
             called
             ,
             and
             thereupon
             he
             (
             the
             Deponent
             )
             was
             Committed
             ,
             and
             Censured
             (
             as
             he
             was
             told
             the
             next
             day
             )
             500
             l.
             That
             his
             Lordship
             Declared
             the
             Order
             of
             the
             Board
             ,
             That
             he
             (
             the
             Deponent
             )
             was
             Fined
             500
             l.
             Bound
             to
             his
             Good
             Behaviour
             ;
             Committed
             to
             the
             Castle
             of
             Dublin
             ;
             and
             to
             Acknowledge
             his
             Offence
             at
             the
             Board
             ,
             and
             to
             Mr.
             Ralton
             ;
             and
             there
             he
             continued
             in
             Prison
             ,
             and
             was
             utterly
             Ruined
             .
          
           
             Being
             Asked
             ,
             Whether
             he
             was
             heard
             to
             Answer
             in
             the
             Cause
             ?
             or
             ,
             Whether
             he
             was
             Examined
             after
             his
             Return
             ?
          
           
             He
             Answered
             ,
             That
             he
             never
             put
             in
             Answer
             in
             Writing
             ,
             nor
             was
             there
             any
             Petition
             against
             him
             ,
             but
             only
             his
             own
             Petition
             ;
             nor
             further
             Required
             to
             be
             Examined
             from
             that
             day
             to
             this
             .
          
           
             Being
             Asked
             ,
             How
             much
             of
             his
             Fine
             he
             paid
             ?
          
           
             He
             Answered
             ,
             That
             before
             he
             could
             see
             his
             Order
             ,
             he
             was
             fain
             to
             pay
             Sir
             
               Paul
               Davis
            
             45
             l.
             and
             ,
             when
             he
             saw
             his
             Order
             for
             reducing
             it
             ,
             for
             it
             was
             reduced
             from
             500
             l.
             to
             250
             l.
             of
             which
             he
             paid
             184
             l.
             
          
           
             Mr.
             Palmer
             proceeded
             ,
             observing
             ,
             That
             the
             next
             thing
             was
             ,
             a
             Refusal
             
             of
             the
             whole
             Kingdom
             to
             Present
             their
             Complaints
             :
             It
             is
             true
             ,
             said
             he
             ,
             it
             was
             not
             by
             my
             Lord
             of
             Strafford
             himself
             ,
             but
             it
             ensued
             on
             these
             Acts
             ,
             and
             Proclamations
             ;
             and
             that
             was
             hindering
             the
             Committee
             of
             the
             Parliament
             that
             were
             to
             come
             over
             ,
             to
             make
             a
             Remonstrance
             of
             their
             Grievances
             to
             His
             Majesty
             .
          
           
             Sir
             
               Robert
               Smith
            
             being
             Sworn
             ,
             and
             Interrogated
             ,
             Whether
             he
             was
             
             imployed
             by
             the
             House
             of
             Commons
             to
             come
             over
             hither
             ?
             and
             ,
             Whether
             he
             was
             deny'd
             Licence
             ?
          
           
             He
             Answered
             ,
             That
             we
             were
             sent
             for
             by
             my
             Lord
             Deputy
             Wainsford
             ,
             and
             he
             put
             us
             (
             as
             we
             conceived
             them
             )
             several
             catching
             Questions
             ,
             as
             ,
             If
             they
             had
             not
             my
             Lord
             Deputies
             Licence
             ,
             and
             the
             Boards
             .
             Whether
             they
             would
             repair
             to
             England
             or
             no
             ?
             We
             Answered
             ,
             That
             ,
             in
             obedience
             to
             the
             House
             of
             Commons
             ,
             we
             did
             intend
             to
             repair
             to
             England
             .
             No
             ,
             sayes
             my
             Lord
             Deputy
             ,
             Answer
             me
             Catagorically
             ;
             Would
             you
             go
             or
             no
             ,
             If
             we
             would
             Command
             you
             not
             to
             go
             ?
             to
             this
             we
             Answered
             ,
             No
             :
             being
             between
             two
             Jurisdictions
             ,
             both
             from
             His
             Majesty
             ;
             for
             ,
             we
             had
             a
             Command
             from
             the
             House
             of
             Commons
             ,
             and
             a
             Counter-Command
             
             from
             His
             Majesty
             ,
             and
             we
             were
             denied
             Licence
             ,
             and
             a
             restraint
             of
             Ships
             ,
             for
             that
             cause
             they
             conceived
             to
             restrain
             them
             .
          
           
             Being
             asked
             ,
             whether
             the
             Deputy
             did
             know
             the
             House
             of
             Commons
             had
             ordered
             them
             to
             come
             over
             ,
             and
             yet
             refused
             ?
          
           
             He
             answered
             ,
             the
             Lord
             Deputy
             did
             know
             it
             ,
             it
             was
             apparently
             known
             to
             all
             the
             Kingdom
             .
          
           
             Mr.
             Fitz-gerard
             being
             examined
             to
             the
             same
             points
             ,
             as
             Sir
             
               Robert
               Linch
            
             .
             
          
           
             He
             Answered
             ,
             That
             after
             the
             the
             Session
             of
             Parliament
             ,
             1
             Octob.
             last
             ,
             and
             the
             House
             of
             Commons
             had
             travelled
             till
             the
             6
             Nov.
             in
             the
             affairs
             of
             the
             Kingdom
             ,
             the
             grand
             Committee
             had
             heard
             and
             discussed
             many
             grievances
             general
             and
             particular
             ,
             and
             voted
             them
             to
             the
             House
             .
             That
             about
             the
             beginning
             of
             Nov.
             the
             House
             entred
             into
             consideration
             of
             those
             grievances
             ,
             and
             drew
             up
             a
             Petition
             of
             Remonstrances
             to
             be
             presented
             to
             the
             Lord
             Deputy
             ,
             which
             was
             voted
             in
             the
             House
             of
             Commons
             7
             Nov.
             9
             Nov.
             the
             whole
             House
             attended
             with
             the
             Speaker
             ,
             and
             the
             Speaker
             read
             it
             publiquely
             before
             him
             .
             The
             grievances
             were
             of
             that
             nature
             ,
             that
             they
             did
             Humbly
             ,
             and
             of
             Right
             (
             as
             he
             remembers
             )
             petition
             for
             redress
             of
             those
             grievances
             ;
             that
             the
             House
             conceiving
             the
             Parliament
             would
             be
             Prorogued
             ,
             or
             Dissolved
             before
             Redress
             was
             given
             ,
             they
             entred
             into
             consideration
             of
             a
             course
             to
             present
             it
             to
             His
             Majesty
             .
             And
             11
             Nov.
             made
             an
             Order
             :
             that
             the
             Committee
             should
             be
             appointed
             to
             repair
             to
             England
             with
             a
             Caution
             ,
             That
             if
             Redress
             should
             not
             be
             had
             before
             Dissolution
             ,
             or
             Prorogation
             of
             the
             Parliament
             ,
             that
             Committee
             should
             not
             proceed
             .
             12
             Nov.
             it
             was
             Prorogued
             without
             Redress
             ;
             that
             the
             next
             day
             after
             Prorogation
             the
             Committee
             was
             summoned
             to
             attend
             at
             the
             Board
             ,
             and
             there
             was
             interrogated
             severally
             on
             a
             question
             ,
             as
             far
             as
             he
             can
             remember
             ,
             viz.
             Of
             their
             intention
             to
             go
             into
             England
             ,
             whether
             they
             would
             aske
             leave
             to
             go
             into
             England
             ?
             and
             admitting
             my
             Lord
             Deputy
             should
             command
             them
             not
             to
             goe
             ,
             till
             His
             Majesties
             pleasure
             was
             known
             ,
             whether
             they
             would
             go
             ?
             To
             all
             they
             were
             severally
             to
             answer
             ,
             and
             Catagorically
             (
             this
             was
             my
             Lord
             Deputies
             word
             )
             after
             Answer
             given
             ,
             they
             were
             ordered
             to
             withdraw
             ,
             and
             being
             called
             in
             again
             ,
             it
             was
             made
             known
             by
             the
             Lord
             Deputy
             Wainsford
             ;
             That
             he
             and
             the
             Lords
             had
             considered
             the
             whole
             matter
             ,
             and
             bade
             them
             take
             notice
             ,
             there
             was
             a
             Proclamation
             ,
             restraining
             all
             the
             Subjects
             of
             Ireland
             to
             make
             repair
             to
             England
             till
             application
             was
             made
             to
             the
             Deputy
             .
             That
             he
             engaged
             them
             in
             Allegiance
             ,
             not
             to
             depart
             ,
             till
             he
             (
             the
             Lord
             Deputy
             )
             had
             known
             His
             Majesties
             pleasure
             ,
             whether
             they
             should
             goe
             or
             no
             ,
             which
             he
             would
             labour
             to
             know
             speedily
             .
          
           
             The
             next
             thing
             Mr.
             Palmer
             offered
             ,
             was
             the
             Irish
             Remonstrance
             ,
             which
             was
             read
             .
          
           
           
             
               To
               the
               Right
               Honourable
               the
               Lord
               Deputy
               ,
               The
               humble
               and
               just
               Remonstrance
               of
               the
               Knights
               ,
               Citizens
               ,
               and
               Burgesses
               in
               Parliament
               .
               
                 THe
                 Petitioners
                 do
                 conceive
                 great
                 and
                 strong
                 fears
                 of
                 a
                 Proclamation
                 published
                 in
                 this
                 Kingdom
                 ,
              
               Anno
               1635.
               
               
                 Prohibiting
                 men
                 of
                 Quality
                 or
                 Estate
                 ,
                 to
                 depart
                 this
                 Kingdom
                 without
                 the
                 Lord
                 Deputies
                 Licence
                 ,
                 whereby
                 the
                 Subjects
                 of
                 this
                 Kingdom
                 are
                 hindred
                 and
                 interrupted
                 from
                 free
                 access
                 to
                 His
                 said
                 Majesty
                 and
                 Privy
                 Council
                 of
              
               England
               ,
               
                 to
                 obtain
                 remedies
                 against
                 their
                 just
                 grievances
                 ,
                 as
                 their
                 Ancestors
                 have
                 had
                 ,
                 since
                 the
                 Reign
                 of
              
               H.
               2.
               
                 and
                 great
                 Fees
                 exacted
                 for
                 the
                 said
                 Licences
                 .
              
            
          
           
             And
             so
             Mr.
             Palmer
             summed
             up
             the
             Evidence
             ,
             That
             by
             the
             Proposition
             
             made
             before
             my
             Lord
             Deputies
             going
             over
             ,
             it
             appeared
             what
             was
             intended
             ,
             That
             no
             complaints
             of
             oppression
             should
             be
             made
             without
             address
             ,
             First
             ,
             to
             the
             Deputy
             ,
             and
             what
             followed
             ,
             declares
             plainly
             the
             execution
             of
             it
             ;
             That
             notwithstanding
             the
             injustice
             and
             oppression
             done
             ,
             complaints
             could
             not
             be
             received
             .
             By
             the
             former
             Article
             ,
             their
             Lordships
             have
             heard
             what
             he
             did
             there
             ,
             and
             the
             great
             causes
             of
             complaint
             ;
             After
             in
             time
             ,
             is
             the
             Proclamation
             ,
             their
             Lordships
             see
             the
             use
             made
             of
             it
             ,
             ,
             that
             those
             who
             had
             made
             complaints
             against
             my
             Lord
             himself
             ,
             and
             his
             Orders
             ,
             were
             refused
             to
             have
             Licence
             ;
             some
             that
             adventured
             to
             come
             without
             Licence
             were
             Fined
             and
             Imprisoned
             to
             their
             utter
             ruine
             .
             The
             whole
             Parliament
             ,
             when
             the
             Order
             was
             well
             known
             ,
             were
             refused
             to
             have
             Licence
             ;
             it
             is
             true
             ,
             not
             by
             my
             Lord
             of
             Strafford
             ,
             but
             the
             Deputy
             ,
             who
             coloured
             his
             denial
             from
             these
             Acts
             of
             my
             Lord
             of
             Strafford
             ;
             what
             fears
             they
             had
             ,
             their
             Lordships
             may
             apprehend
             by
             the
             Remonstrance
             ;
             My
             Lord
             of
             Strafford
             assumed
             a
             great
             power
             to
             himself
             ,
             all
             Addresses
             being
             first
             made
             to
             him
             ,
             and
             the
             Subject
             thereby
             excluded
             from
             His
             Majesty
             ,
             till
             such
             address
             was
             made
             ;
             so
             that
             his
             Lordship
             is
             not
             
               Par
               negotio
            
             ,
             but
             Supra
             ,
             above
             all
             the
             authority
             committed
             to
             him
             ;
             not
             an
             Accessary
             but
             Principal
             ;
             not
             in
             the
             nature
             of
             a
             Subject
             but
             Domini
             ,
             and
             so
             he
             expected
             his
             Lordships
             Answer
             .
          
           
             My
             Lord
             of
             Strafford
             after
             a
             little
             time
             of
             recollecting
             himself
             ,
             began
             
             his
             Defence
             in
             substance
             as
             followeth
             .
          
           
             That
             he
             should
             only
             apply
             himself
             to
             the
             things
             in
             charge
             ,
             as
             near
             as
             he
             could
             ,
             and
             give
             the
             fairest
             Answer
             he
             could
             ,
             where
             ,
             by
             the
             way
             he
             alledged
             ,
             That
             he
             might
             very
             justifiably
             say
             ,
             he
             had
             never
             in
             his
             life
             other
             thoughts
             or
             intentions
             before
             his
             going
             into
             Ireland
             ,
             or
             during
             his
             abode
             there
             ,
             but
             justly
             and
             faithfully
             in
             the
             service
             of
             His
             Majesty
             and
             the
             Kingdom
             ;
             nor
             did
             he
             ever
             desire
             ,
             or
             intend
             any
             thing
             ,
             so
             much
             as
             to
             introduce
             the
             English
             Laws
             and
             Government
             there
             :
             And
             whereas
             he
             is
             charged
             with
             a
             subversion
             of
             the
             fundamental
             Laws
             ,
             he
             may
             say
             ,
             he
             thinks
             ,
             with
             Truth
             and
             Modesty
             ,
             that
             the
             Laws
             had
             never
             so
             free
             a
             passage
             ,
             that
             never
             any
             Deputy
             gave
             less
             interruption
             to
             the
             proceedings
             of
             the
             Law
             ,
             than
             it
             had
             ,
             during
             all
             his
             time
             :
             That
             it
             did
             not
             appear
             by
             all
             that
             hath
             been
             said
             ,
             that
             there
             was
             any
             stay
             of
             legal
             proceedings
             ;
             for
             all
             the
             Causes
             spoken
             of
             him
             ,
             came
             originally
             ,
             and
             primarily
             ,
             before
             they
             depended
             in
             any
             other
             Court
             ;
             and
             that
             he
             never
             hindred
             ,
             but
             gave
             all
             furtherance
             to
             the
             passage
             
             of
             the
             Common-Law
             ;
             and
             therefore
             if
             their
             Lordships
             find
             (
             as
             they
             cannot
             but
             expect
             from
             him
             much
             )
             Error
             and
             mistakes
             ,
             he
             besought
             them
             out
             of
             their
             Goodness
             and
             Nobleness
             ,
             to
             apply
             it
             rather
             to
             his
             Infirmity
             and
             Weakness
             ,
             than
             to
             any
             habit
             of
             ill
             he
             had
             got
             ,
             as
             he
             trusts
             ,
             he
             should
             make
             appear
             to
             their
             Lordships
             .
             The
             Charge
             ,
             is
             to
             have
             procured
             ,
             with
             an
             intent
             of
             oppression
             ,
             a
             stop
             of
             all
             complaints
             of
             Injustice
             ,
             that
             none
             might
             be
             received
             in
             England
             ,
             unless
             it
             appeared
             ,
             That
             the
             party
             did
             make
             his
             address
             to
             him
             .
          
           
             To
             prove
             this
             ,
             the
             Gentlemen
             have
             read
             a
             Proposition
             of
             his
             ,
             made
             before
             his
             going
             into
             Ireland
             ,
             and
             as
             appears
             ,
             by
             their
             own
             shewing
             ,
             such
             a
             Proposition
             as
             was
             allowed
             and
             approved
             of
             by
             their
             Lordships
             at
             the
             Council-Board
             .
             He
             desires
             that
             in
             this
             (
             as
             in
             all
             things
             else
             )
             he
             might
             not
             be
             taken
             in
             pieces
             ,
             but
             altogether
             ;
             for
             if
             they
             take
             part
             ,
             and
             leave
             what
             they
             please
             ,
             they
             may
             make
             a
             man
             speak
             strange
             things
             ;
             and
             therefore
             he
             desired
             their
             Lordships
             would
             hear
             the
             reasons
             inducing
             that
             Proposition
             as
             well
             as
             the
             Proposition
             it self
             ,
             being
             under
             the
             Clerk
             of
             the
             Councils
             hand
             ,
             and
             so
             attested
             by
             Mr.
             Ralton
             :
             The
             Proposition
             and
             Reasons
             were
             accordingly
             read
             as
             followeth
             in
             substance
             .
          
           
             Feb.
             1631.
             
             A
             Proposition
             amongst
             divers
             others
             ,
             entred
             in
             the
             Register
             of
             the
             Acts
             of
             Council
             22
             Feb.
             1631.
             follows
             in
             
               haec
               verba
            
             .
          
           
             
               THat
               no
               particular
               complaint
               of
               Injustice
               or
               Oppression
               be
               admitted
               here
               against
               any
               ,
               unless
               it
               first
               appear
               he
               hath
               made
               his
               Address
               to
               the
               Deputy
               .
            
          
           
             And
             indeed
             ,
             this
             is
             but
             justice
             to
             the
             Deputy
             ,
             who
             must
             needs
             in
             some
             measure
             be
             a
             Delinquent
             ,
             if
             the
             complaints
             be
             true
             ,
             as
             being
             in
             chief
             universally
             to
             take
             care
             that
             His
             Majesties
             Justice
             be
             throughly
             complyed
             with
             in
             that
             place
             ;
             and
             therefore
             good
             reason
             his
             Judgement
             should
             be
             informed
             ,
             and
             his
             Integrity
             first
             tryed
             ,
             before
             either
             be
             impeached
             ;
             Nay
             ,
             it
             is
             but
             justice
             to
             the
             Government
             it self
             ,
             which
             would
             be
             exceeding
             scandalous
             ,
             through
             the
             liberty
             of
             complaints
             ,
             and
             the
             Ministery
             therein
             extreamly
             discouraged
             ,
             upon
             every
             petit
             matter
             to
             be
             drawn
             to
             answer
             here
             ,
             when
             the
             thing
             it self
             is
             for
             the
             most
             part
             either
             injurious
             ,
             or
             for
             which
             ,
             the
             party
             might
             have
             received
             good
             satisfaction
             at
             his
             own
             door
             .
             But
             where
             the
             complaint
             appears
             formally
             grounded
             ,
             and
             where
             due
             application
             hath
             been
             made
             to
             the
             Deputy
             ,
             without
             relief
             to
             the
             party
             ,
             let
             it
             be
             throughly
             examined
             ,
             and
             severely
             punished
             ,
             wheresoever
             the
             fault
             proves
             to
             be
             ,
             especially
             if
             it
             be
             corrupt
             or
             malicious
             ;
             for
             so
             he
             shall
             not
             only
             magnify
             his
             Justice
             ,
             but
             punish
             an
             unfaithful
             Minister
             ,
             or
             clamorous
             Complainant
             ,
             and
             his
             service
             shall
             thereby
             be
             bettered
             .
          
           
             From
             whence
             my
             Lord
             of
             Strafford
             inferred
             ,
             That
             by
             this
             it
             might
             appear
             to
             their
             Lordships
             ,
             his
             intent
             was
             not
             to
             assume
             any
             greater
             Authority
             ,
             than
             became
             him
             to
             desire
             ;
             but
             meerly
             to
             prevent
             clamors
             and
             unjust
             complaints
             ,
             and
             that
             they
             might
             be
             redressed
             nearer
             home
             without
             Complaint
             ,
             and
             no
             way
             to
             hinder
             any
             mans
             just
             complaint
             .
          
           
             And
             so
             it
             had
             no
             relation
             nor
             aspect
             to
             himself
             ,
             but
             meerly
             to
             the
             furthering
             of
             the
             Kings
             Justice
             .
             And
             so
             that
             Proposition
             could
             not
             (
             he
             conceived
             )
             be
             turn'd
             upon
             him
             ,
             otherwise
             then
             as
             Just
             and
             Honourable
             .
             For
             the
             Proclamation
             it self
             ,
             and
             the
             staying
             of
             men
             from
             coming
             without
             
             Licence
             (
             the
             thing
             complained
             of
             )
             he
             begged
             leave
             to
             acquaint
             their
             Lordships
             with
             some
             particulars
             .
          
           
             
               He
               conceived
            
             ,
             by
             the
             Laws
             of
             Ireland
             ,
             no
             man
             that
             is
             a
             Subject
             and
             Liege-man
             there
             ,
             can
             come
             from
             thence
             without
             Licence
             from
             the
             Deputy
             ,
             but
             it
             is
             very
             penal
             ,
             and
             to
             that
             purpose
             he
             would
             mention
             two
             or
             three
             Statutes
             of
             that
             Kingdom
             ;
             One
             is
             the
             26
             H.
             6.
             ca.
             2.
             
             The
             Title
             whereof
             is
             ,
             
               An
               Act
               that
               the
               Kings
               Subjects
               ,
               or
               Officers
               in
            
             Ireland
             ,
             
               may
               be
               absent
               by
               the
               Commands
               of
               the
               King
               or
               Governor
               ,
               or
               Council
               ,
               without
               Censure
               of
               ,
            
             &c.
             
          
           
             The
             words
             of
             the
             Statute
             in
             substance
             .
          
           
             
               Also
               it
               is
               decreed
               and
               agreed
               ,
               that
               none
               of
               the
               Kings
               Liege
               men
               (
               who
               comprehend
               all
               ,
               as
               he
               conceives
               )
               or
               Officers
               of
               the
               Land
               ,
               go
               out
               of
               the
               Land
               ,
               but
               by
               Commission
               from
               the
               King
               or
               his
               Heirs
               ,
               Lieutenant-Iustices
               ,
            
             &c.
             
             
               All
               the
               Rents
               ,
               Benefits
               ,
               Offices
               ,
               or
               other
               Possessions
               by
               their
               said
               Absence
               ,
               shall
               be
               seized
               into
               the
               Kings
               hands
               ,
            
             &c.
             
          
           
             Whence
             my
             Lord
             of
             Strafford
             inferred
             ,
             That
             if
             they
             go
             without
             the
             Governors
             Licence
             ,
             there
             is
             a
             forfeiture
             of
             all
             these
             .
          
           
             Another
             is
             25
             H.
             6.
             
             Ca.
             9.
             
             It
             is
             ordained
             ,
             &c.
             
          
           
             
               That
               if
               any
               Liege-man
               be
               out
               of
               the
               Kingdom
               ,
               by
               the
               Commandement
               of
               the
               King
               or
               his
               Heirs
               ,
               or
               the
               Lieutenant
               there
               ,
               Deputy-Iustices
               ,
               or
               Council
               ;
               Their
               Rents
               ,
            
             &c
             ,
             
               shall
               not
               be
               seized
            
             ,
             &c.
             
             Whence
             his
             Lordship
             inferred
             ,
             That
             if
             they
             go
             without
             Licence
             ,
             they
             are
             punishable
             for
             it
             .
          
           
             The
             next
             is
             a
             certain
             Article
             ,
             preferred
             by
             certain
             Irish
             Agents
             then
             in
             England
             in
             May
             1628.
             or
             thereabouts
             ,
             long
             before
             he
             was
             thought
             on
             for
             a
             Deputy
             in
             Ireland
             ,
             either
             by
             himself
             or
             any
             body
             else
             ;
             and
             this
             is
             from
             their
             own
             desire
             and
             Petition
             ,
          
           
             Being
             attested
             by
             Mr.
             Ralton
             to
             be
             a
             true
             Copy
             ,
             one
             Article
             was
             read
             ,
             being
             in
             substance
             as
             followeth
             .
          
           
             May
             1628.
             
             
               TO
               the
               Kings
               most
               Excellent
               Majesty
               ,
               the
               humble
               Petition
               of
               Your
               Majesties
               faithful
               Subjects
               ,
               appointed
               Agents
               to
               prefer
               certain
               humble
               Requests
               ,
            
             &c.
             
               to
               your
               Highness
               ,
               in
               behalfe
               of
               your
               Kingdom
               of
            
             Ireland
             .
          
           
             After
             the
             Preamble
             ,
             amongst
             other
             things
             it
             contained
             ,
          
           
             That
             His
             Majesty
             would
             be
             pleased
             ,
             that
             in
             respect
             of
             the
             non-residence
             of
             many
             great
             men
             ,
             who
             spending
             their
             Estates
             abroad
             ,
             the
             Kingdom
             was
             impoverished
             ,
             and
             great
             sums
             of
             Money
             transported
             ;
             Order
             might
             be
             taken
             ,
             that
             both
             they
             ,
             and
             all
             Undertakers
             ,
             on
             whom
             Estates
             have
             been
             bestowed
             ,
             for
             the
             better
             supporting
             and
             improving
             of
             the
             Kingdom
             ,
             may
             make
             their
             personal
             Residence
             ,
             at
             least
             half
             the
             year
             ,
             and
             not
             to
             depart
             without
             Licence
             .
          
           
             
               
                 
                   
                   
                     His
                     Majesties
                     Answer
                     was
                     given
                     in
                     these
                     words
                     .
                  
                   
                     
                       ALL
                       the
                       Nobility
                       ,
                       Undertakers
                       ,
                       and
                       others
                       ,
                       who
                       hold
                       Estates
                       and
                       Offices
                       within
                       that
                       Kingdom
                       ,
                       are
                       to
                       make
                       their
                       personal
                       Residence
                       there
                       ,
                       and
                       not
                       to
                       leave
                       it
                       without
                       Licence
                       ,
                       such
                       persons
                       excepted
                       only
                       ,
                       as
                       are
                       imployed
                       in
                       Our
                       Service
                       in
                    
                     England
                     ,
                     
                       or
                       attend
                       here
                       by
                       Our
                       special
                       Command
                       .
                    
                  
                
              
            
          
           
             Next
             my
             Lord
             of
             Strafford
             desired
             ,
             he
             might
             read
             the
             Lord
             Faulklands
             Instructions
             ,
             which
             ,
             as
             he
             conceived
             ,
             were
             pursuing
             to
             this
             ,
             and
             they
             were
             ,
             as
             he
             takes
             it
             ,
             24
             May
             ,
             1628.
             which
             being
             attested
             by
             Mr.
             Brooks
             to
             be
             examined
             by
             the
             Original
             ,
             was
             read
             .
          
           
             
               
                 
                   
                     
                       C.
                       R.
                       
                    
                  
                   
                     Instructions
                     to
                     be
                     observed
                     by
                     ,
                     or
                     ,
                     
                       &c.
                       Henry
                    
                     Viscount
                     Faulkland
                     ,
                     or
                     Council
                     there
                     ,
                     &c.
                     
                  
                   
                     
                       ALL
                       the
                       Nobility
                       ,
                       Undertakers
                       ,
                       and
                       others
                       ,
                       who
                       hold
                       Estates
                       ,
                       or
                       Offices
                       in
                       that
                       Kingdom
                       ,
                       are
                       to
                       make
                       their
                       personal
                       Residence
                       there
                       ,
                       and
                       not
                       to
                       leave
                       it
                       without
                       Licence
                       ;
                       such
                       persons
                       only
                       excepted
                       ,
                       as
                       are
                       employed
                       in
                       Our
                       Service
                       in
                    
                     England
                     ,
                     
                       or
                       attend
                       here
                       by
                       Our
                       special
                       Command
                       .
                    
                  
                
              
            
          
           
             Next
             His
             Lordship
             offered
             His
             Majesties
             Letter
             of
             20
             th
             of
             Ianuary
             1634.
             
             Commanding
             the
             publishing
             of
             this
             Proclamation
             ,
             which
             Mr.
             Ralton
             affirming
             to
             be
             a
             true
             Copy
             was
             read
             .
          
           
             
               
                 
                   
                     
                       C.
                       R.
                       
                    
                  
                   
                     To
                     the
                     Lord
                     Deputy
                     of
                     Ireland
                     .
                  
                   
                     
                       WHEREAS
                       amongst
                       other
                       things
                       in
                       the
                       Graces
                       vouchsafed
                       to
                       Our
                       Subjects
                       ,
                    
                     1628.
                     
                     
                       We
                       signified
                       Our
                       Pleasure
                       ,
                       That
                       the
                       Nobility
                       ,
                       Undertakers
                       ,
                       and
                       Others
                       ,
                       holding
                       Estates
                       in
                    
                     Ireland
                     ,
                     
                       should
                       be
                       resident
                       there
                       ,
                       and
                       not
                       to
                       depart
                       without
                       Licence
                       :
                       And
                       being
                       now
                       given
                       to
                       understand
                       ,
                       That
                       notwithstanding
                       those
                       Directions
                       ,
                       divers
                       persons
                       (
                       not
                       of
                       the
                       meaner
                       sort
                       )
                       take
                       liberty
                       to
                       pass
                       into
                       this
                       Kingdom
                       ,
                       or
                       foreign
                       parts
                       ,
                       as
                       if
                       they
                       understood
                       not
                       what
                       they
                       owed
                       to
                       Us
                       in
                       their
                       Duty
                       ,
                       or
                       themselves
                       in
                       their
                       evil
                       Carriage
                       ,
                       which
                       presumption
                       we
                       may
                       not
                       long
                       suffer
                       ,
                    
                     &c.
                     
                     
                       We
                       do
                       therefore
                       hereby
                       Will
                       and
                       Require
                       you
                       ,
                       by
                       Act
                       of
                       State
                       ,
                       or
                       Proclamation
                       ,
                       to
                       make
                       known
                       Our
                       Pleasure
                       ,
                       That
                       all
                       Nobility
                       ,
                       Undertakers
                       ,
                       and
                       others
                       ,
                       that
                       hold
                       Estates
                       and
                       Offices
                       ,
                       (
                       such
                       persons
                       only
                       excepted
                       ,
                       as
                       be
                       imployed
                       here
                       ,
                    
                     &c.
                     )
                     
                       do
                       hereafter
                       make
                       their
                       personal
                       Residence
                       ,
                       and
                       not
                       depart
                       for
                    
                     England
                     ,
                     
                       or
                       other
                       place
                       ,
                       without
                       privity
                       of
                       Our
                       Deputy
                       ,
                       any
                       former
                       Letters
                       to
                       the
                       contrary
                       notwithstanding
                       .
                    
                  
                   
                     
                       And
                       because
                       We
                       resolve
                       to
                       have
                       this
                       course
                       constantly
                       observed
                       (
                       if
                       you
                       shall
                       have
                       notice
                       of
                       any
                       Contemner
                       of
                       this
                       Command
                       )
                       Our
                       Will
                       and
                       Pleasure
                       is
                       ,
                       That
                       you
                       proceed
                       against
                       them
                       in
                       an
                       exemplary
                       way
                       to
                       deterr
                       others
                       ;
                       And
                       for
                       so
                       doing
                       ,
                       this
                       shall
                       be
                       your
                       Warrant
                       .
                    
                  
                
              
            
          
           
           
             My
             Lord
             of
             Strafford
             observed
             ,
             That
             he
             might
             well
             have
             hoped
             ,
             that
             this
             being
             required
             by
             the
             Laws
             of
             the
             Land
             ,
             that
             no
             man
             should
             depart
             without
             Licence
             ,
             but
             it
             should
             be
             penal
             to
             him
             ,
             having
             their
             own
             Articles
             ,
             which
             desire
             the
             same
             thing
             ;
             That
             by
             this
             Proclamation
             the
             
             Power
             of
             my
             Lord
             of
             Faulkland
             was
             established
             upon
             him
             ;
             and
             the
             Kings
             Command
             for
             the
             issuing
             this
             Proclamation
             ,
             being
             justified
             by
             the
             Kings
             own
             Letter
             ,
             so
             that
             this
             should
             not
             have
             been
             laid
             to
             him
             ,
             for
             so
             great
             and
             high
             a
             crime
             as
             it
             hath
             been
             represented
             to
             your
             Lordships
             ;
             and
             he
             trusted
             that
             by
             that
             time
             ,
             their
             Lordships
             thought
             it
             not
             so
             great
             a
             crime
             ,
             as
             it
             might
             at
             first
             seem
             to
             be
             .
          
           
             That
             he
             was
             not
             very
             hasty
             in
             issuing
             the
             Proclamation
             ,
             (
             he
             having
             no
             interest
             in
             it
             ,
             nor
             nothing
             to
             drive
             him
             forwards
             )
             for
             tho
             His
             Majesties
             Command
             was
             ,
             bearing
             date
             20
             Iune
             1634.
             yet
             the
             Proclamation
             issued
             not
             till
             Sept.
             17.
             1635.
             
             And
             because
             all
             he
             had
             said
             ,
             had
             been
             turned
             on
             him
             as
             a
             crime
             ,
             his
             Lordship
             gave
             this
             further
             Answer
             ,
          
           
             That
             there
             could
             be
             no
             Proclamation
             made
             by
             the
             Deputy
             alone
             ,
             (
             he
             being
             absolutely
             restrained
             by
             his
             Commission
             ,
             not
             to
             make
             a
             Proclamation
             without
             the
             Council
             )
             therefore
             he
             could
             not
             be
             singular
             in
             the
             fault
             ,
             but
             had
             the
             consent
             of
             all
             the
             Kings
             Council
             ;
             and
             for
             instance
             ,
             in
             matter
             of
             Law
             ,
             the
             Chief
             Justices
             are
             sitting
             at
             the
             Board
             ,
             to
             whom
             all
             matters
             of
             Law
             are
             referred
             ,
             and
             they
             are
             answerable
             for
             it
             ;
             and
             are
             so
             learned
             ,
             that
             they
             could
             not
             do
             things
             so
             frequently
             ,
             without
             good
             authority
             ;
             and
             this
             he
             offered
             in
             excuse
             of
             this
             ,
             and
             all
             other
             Proclamations
             ,
             not
             doubting
             but
             it
             was
             according
             to
             the
             Laws
             and
             Customs
             of
             the
             Land.
             
          
           
             And
             for
             further
             satisfaction
             ,
             that
             part
             of
             his
             Commission
             that
             concerned
             the
             Proclamation
             was
             read
             ,
             and
             in
             this
             particular
             he
             desired
             leave
             to
             offer
             something
             more
             with
             all
             Humility
             ,
             that
             tho
             none
             of
             these
             were
             for
             his
             justification
             ,
             yet
             for
             Reasons
             of
             State
             ,
             this
             Restraint
             was
             most
             necessary
             ;
             for
             whosoever
             goes
             over
             Deputy
             ,
             while
             these
             two
             great
             men
             (
             to
             term
             them
             no
             worse
             )
             
               O
               Neal
            
             and
             Tir-Connel
             ,
             have
             Regiments
             of
             the
             most
             antient
             Irish
             Septs
             ,
             serving
             the
             King
             of
             Spain
             ,
             under
             their
             Command
             ,
             it
             is
             necessary
             for
             him
             to
             have
             an
             eye
             upon
             them
             ;
             for
             if
             every
             one
             might
             withdraw
             himself
             at
             pleasure
             ,
             without
             giving
             an
             account
             ,
             it
             would
             open
             all
             the
             power
             and
             means
             that
             possibly
             can
             be
             ,
             to
             distemper
             that
             State
             ,
             and
             certainly
             if
             that
             liberty
             might
             be
             granted
             ,
             he
             feared
             it
             would
             produce
             sad
             events
             in
             that
             Kingdom
             .
          
           
             Moreover
             ,
             if
             all
             the
             Primogeniture
             and
             Nobility
             of
             that
             Religion
             ,
             should
             be
             suffered
             to
             go
             over
             to
             
               Doway
               ,
               St.
               Omer
            
             ,
             and
             the
             Jesuites
             Colledges
             ,
             it
             was
             to
             be
             feared
             ,
             they
             should
             not
             be
             so
             well
             brought
             up
             for
             the
             service
             of
             the
             King
             and
             Common-wealth
             ,
             as
             may
             be
             desired
             ;
             and
             therefore
             it
             was
             necessary
             ,
             according
             to
             the
             constitutions
             of
             that
             Kingdom
             ,
             that
             they
             shall
             give
             an
             account
             to
             the
             Chief
             Governor
             ;
             And
             it
             was
             no
             other
             than
             what
             is
             practised
             here
             in
             England
             ;
             no
             man
             being
             at
             liberty
             to
             goe
             hence
             into
             France
             without
             Licence
             .
             And
             certainly
             ,
             said
             he
             ,
             it
             is
             an
             Account
             we
             owe
             to
             the
             King
             ,
             and
             stands
             with
             the
             Law
             of
             nature
             .
             
               Pater
               Familiae
            
             may
             take
             accompt
             of
             his
             own
             Houshold
             ,
             and
             the
             King
             being
             the
             great
             Father
             of
             the
             Common-wealth
             ,
             we
             owe
             this
             Accompt
             to
             him
             ;
             Therefore
             he
             conceived
             it
             can
             be
             no
             great
             offence
             in
             him
             ,
             to
             do
             this
             on
             these
             grounds
             ;
             and
             as
             he
             recommended
             the
             prosperity
             of
             that
             Kingdom
             ,
             and
             His
             Majesties
             affairs
             there
             and
             here
             ,
             to
             God
             ,
             by
             his
             Prayers
             and
             good
             desires
             ;
             so
             he
             wishes
             it
             might
             be
             taken
             into
             good
             consideration
             ,
             that
             this
             may
             be
             continued
             as
             a
             principal
             and
             necessary
             expedient
             ,
             to
             give
             His
             Majesty
             that
             
             account
             ,
             without
             which
             ,
             the
             Governor
             shall
             not
             be
             able
             to
             take
             just
             measures
             of
             things
             there
             .
             His
             Lordship
             then
             observed
             ,
             that
             something
             had
             been
             observed
             ,
             that
             was
             no
             part
             of
             his
             Charge
             ,
             and
             therefore
             presumed
             their
             Lordships
             would
             not
             expect
             an
             answer
             to
             it
             ,
             or
             conclude
             him
             any
             way
             in
             their
             Judgement
             guilty
             of
             it
             ,
             since
             the
             means
             of
             giving
             that
             satisfaction
             ,
             which
             otherwise
             he
             should
             have
             done
             ,
             are
             now
             taken
             away
             .
          
           
             But
             when
             they
             came
             to
             be
             complained
             of
             in
             their
             proper
             place
             ,
             he
             is
             ready
             to
             give
             such
             an
             account
             ,
             as
             becomes
             a
             Just
             and
             Innocent
             man.
             But
             that
             which
             seems
             to
             be
             the
             foulest
             of
             them
             ,
             was
             that
             concerning
             my
             Lord
             of
             Esmond
             ,
             of
             which
             he
             remembred
             very
             little
             ;
             but
             something
             darkly
             ,
             and
             if
             it
             appeared
             not
             as
             he
             should
             say
             ,
             he
             was
             extreamly
             mistaken
             ;
             for
             what
             he
             did
             not
             know
             or
             remember
             ,
             he
             would
             not
             speak
             of
             it
             confidently
             ,
             and
             in
             short
             ,
             the
             point
             is
             this
             .
          
           
             Two
             men
             swear
             that
             he
             (
             the
             Lord
             of
             Strafford
             )
             denied
             liberty
             to
             my
             Lord
             of
             Esmond
             to
             come
             for
             
               England
               ,
               Aug.
            
             1638.
             and
             that
             he
             was
             kept
             in
             Ireland
             ,
             and
             could
             not
             have
             Licence
             to
             come
             away
             till
             April
             1639.
             
             His
             Lordship
             confessed
             it
             to
             be
             very
             true
             ,
             and
             that
             he
             remembred
             my
             Lord
             of
             Esmond
             desiring
             to
             go
             over
             ,
             was
             stopped
             by
             him
             a
             while
             ,
             (
             he
             being
             Sergeant
             Mayor-General
             of
             the
             Army
             )
             the
             Army
             having
             occasion
             of
             motion
             ,
             and
             that
             he
             was
             sure
             it
             was
             much
             about
             the
             time
             ,
             if
             his
             Memory
             failed
             him
             not
             extreamly
             ,
             (
             but
             when
             it
             came
             to
             this
             time
             ,
             and
             he
             had
             means
             to
             produce
             witnesses
             ,
             he
             hoped
             to
             make
             this
             appear
             )
             besides
             ,
             he
             was
             mistaken
             ,
             if
             he
             did
             not
             very
             shortly
             after
             give
             him
             a
             Licence
             ,
             and
             that
             he
             found
             not
             occasion
             to
             make
             use
             of
             it
             ;
             and
             if
             that
             was
             was
             so
             ,
             all
             they
             said
             was
             taken
             away
             ,
             for
             he
             afterwards
             finding
             it
             to
             draw
             towards
             winter
             ,
             laid
             aside
             the
             Licence
             till
             the
             Spring
             ,
             at
             Spring
             he
             asked
             it
             ,
             and
             had
             it
             ;
             but
             in
             these
             things
             not
             judicially
             brought
             against
             him
             ,
             and
             to
             which
             he
             could
             not
             make
             certain
             Answers
             ,
             he
             hoped
             he
             might
             stand
             clear
             ,
             and
             unprejudiced
             ,
             till
             he
             may
             answer
             positively
             for
             himself
             ;
             and
             then
             as
             their
             Lordships
             should
             find
             him
             ,
             they
             might
             judge
             of
             him
             :
             and
             he
             should
             ever
             most
             willingly
             submit
             to
             their
             Judgements
             ,
             and
             abide
             it
             whatever
             it
             was
             :
             And
             whereas
             the
             Witnesse
             said
             ,
             my
             Lord
             of
             Esmond
             was
             hindred
             ,
             because
             he
             had
             no
             Commission
             to
             examine
             Witnesses
             ,
             my
             Lord
             of
             Strafford
             said
             ,
             he
             was
             able
             to
             prove
             ,
             that
             a
             Bond
             was
             granted
             him
             to
             examine
             Witnesses
             .
          
           
             And
             the
             Witness
             being
             accidentally
             there
             ,
             his
             Lordship
             took
             notice
             of
             Gods
             providence
             from
             that
             ,
             and
             said
             ,
             God
             Almighty
             was
             willing
             to
             help
             and
             assist
             him
             wonderfully
             in
             his
             Trial
             ,
             and
             that
             his
             Goodness
             to
             him
             in
             this
             Cause
             had
             been
             a
             great
             deal
             more
             than
             he
             would
             trouble
             their
             Lordships
             withal
             at
             that
             time
             ;
             but
             he
             said
             ,
             he
             was
             confident
             ,
             God
             had
             him
             in
             his
             protection
             ,
             and
             would
             never
             forsake
             him
             ;
             and
             whatsoever
             he
             should
             loose
             in
             this
             world
             ,
             he
             would
             make
             it
             up
             to
             him
             in
             another
             world
             .
          
           
             And
             for
             this
             purpose
             Mr.
             Riley
             was
             produced
             ,
             who
             being
             questioned
             ,
             whether
             he
             was
             imployed
             in
             suing
             out
             a
             Commission
             for
             examining
             of
             witnesses
             in
             Ireland
             ,
             in
             a
             Cause
             concerning
             my
             Lord
             of
             Esmond
             ,
             and
             Sir
             
               Peirce
               Crosby
            
             ?
          
           
           
             Mr.
             
               Riley
               Answered
            
             ,
             That
             he
             was
             imployed
             as
             Clarke
             in
             the
             Cause
             ,
             where
             Mr.
             Attorney
             was
             Plaintiff
             ,
             by
             Relation
             of
             my
             Lord
             Lieutenant
             against
             my
             Lord
             of
             Esmond
             and
             Sir
             
               Peirce
               Crosby
            
             ,
             
             and
             when
             that
             Cause
             came
             to
             Commission
             ,
             they
             for
             the
             Defendant
             brought
             Commissioners
             names
             ,
             and
             did
             joyn
             in
             that
             Bond
             ,
             but
             he
             cannot
             remember
             the
             time
             .
          
           
             Being
             asked
             (
             on
             Mr.
             Maynards
             motion
             )
             whether
             Sir
             
               Pierce
               Crosby
            
             ,
             or
             
             my
             Lord
             of
             Esmond
             fued
             it
             out
             ?
             He
             Answered
             ,
             he
             could
             not
             directly
             say
             ;
             but
             the
             Clerk
             for
             the
             Defendants
             could
             .
          
           
             Mr.
             Ralton
             being
             asked
             to
             the
             same
             point
             .
             
          
           
             He
             Answered
             ,
             that
             he
             remembers
             ,
             that
             about
             this
             time
             ,
             1638
             ,
             or
             1639.
             
             Commissions
             were
             sued
             out
             in
             the
             business
             ,
             between
             my
             Lord
             Lieutenant
             and
             my
             Lord
             of
             Esmond
             ,
             and
             Sir
             
               Pierce
               Crosby
            
             ,
             and
             that
             he
             was
             very
             confident
             ,
             that
             my
             Lord
             of
             Esmond
             had
             the
             benefit
             of
             examining
             Witnesses
             .
          
           
             My
             Lord
             of
             Strafford
             observed
             ,
             that
             these
             Gentlemen
             stirred
             up
             those
             
             things
             ,
             to
             beget
             an
             ill
             opinion
             of
             him
             ,
             but
             in
             short
             answered
             ,
             they
             were
             not
             in
             his
             Charge
             .
          
           
             And
             further
             ,
             That
             he
             conceived
             my
             Lord
             of
             Esmond
             was
             stayed
             on
             a
             complaint
             of
             Sir
             
               Walsingham
               Cokes
            
             ,
             concerning
             a
             practice
             of
             his
             ,
             to
             the
             endangering
             of
             Sir
             
             Walsingham's
             life
             .
             And
             that
             he
             was
             stayed
             upon
             that
             account
             ,
             to
             be
             examined
             ,
             and
             if
             he
             (
             the
             Lord
             Strafford
             )
             was
             not
             mistaken
             )
             my
             Lord
             Esmond
             was
             ,
             after
             examination
             left
             at
             liberty
             ;
             But
             these
             things
             he
             said
             ,
             were
             rather
             aggravations
             of
             his
             Charge
             ,
             than
             within
             the
             Charge
             ,
             and
             therefore
             he
             humbly
             conceived
             ,
             that
             in
             these
             cases
             their
             Lordships
             would
             allow
             him
             liberty
             ,
             and
             hoped
             the
             Gentlemen
             will
             likewise
             allow
             it
             ,
             that
             so
             he
             might
             satisfie
             them
             ,
             their
             Lordships
             ,
             and
             all
             the
             world
             ,
             that
             he
             hath
             carried
             himself
             justly
             and
             fairly
             in
             all
             these
             particulars
             ;
             Also
             assuring
             himself
             ,
             that
             these
             Gentlemen
             were
             willing
             he
             should
             give
             the
             best
             answer
             to
             all
             these
             things
             he
             could
             ;
             And
             so
             he
             would
             ,
             and
             that
             with
             all
             respect
             and
             reverence
             to
             them
             in
             the
             world
             .
          
           
             The
             next
             Case
             is
             my
             Lord
             Roches
             ,
             and
             his
             Lordship
             conceives
             ,
             that
             my
             Lord
             Roche
             himself
             gives
             a
             fair
             answer
             ,
             for
             he
             was
             informed
             against
             him
             in
             the
             Starchamber
             ,
             and
             my
             Lord
             of
             Strafford
             said
             indeed
             ,
             he
             remembred
             there
             was
             such
             an
             occasion
             for
             it
             ,
             as
             he
             was
             willing
             to
             forget
             it
             ,
             for
             that
             noble
             Gentlemans
             Cause
             ,
             and
             that
             the
             complaint
             was
             of
             so
             high
             a
             nature
             against
             my
             Lord
             Roche
             ,
             as
             he
             was
             not
             willing
             to
             press
             it
             ,
             to
             his
             prejudice
             ,
             nor
             ever
             did
             ,
             but
             where
             there
             was
             great
             reason
             :
             and
             when
             he
             should
             come
             to
             answer
             for
             it
             (
             for
             he
             imagines
             it
             is
             not
             expected
             he
             should
             answer
             it
             finally
             now
             ,
             being
             not
             within
             his
             Charge
             )
             Heaven
             should
             justifie
             him
             ,
             and
             shew
             that
             he
             had
             reason
             to
             stay
             him
             at
             that
             time
             .
          
           
           
             The
             next
             is
             
               Dermond
               Mac-Cartyes
            
             :
             and
             ,
             the
             Cause
             of
             his
             stay
             appears
             to
             be
             ,
             That
             he
             would
             go
             abroad
             for
             his
             Breeding
             .
             Now
             if
             he
             and
             such
             other
             should
             go
             to
             Doway
             and
             S
             t
             Omer
             ,
             he
             thinks
             their
             Lordships
             and
             the
             House
             of
             Commons
             would
             have
             blamed
             him
             more
             for
             giving
             him
             and
             such
             persons
             leave
             ,
             then
             faulted
             him
             for
             restraining
             them
             :
             And
             ,
             had
             he
             alleadged
             ,
             That
             he
             intended
             to
             go
             over
             to
             Complain
             of
             that
             Decree
             ,
             he
             would
             not
             have
             hindred
             him
             ;
             and
             ,
             to
             that
             purpose
             ,
             he
             hath
             Witnesses
             ,
             that
             he
             never
             stayed
             any
             Man
             ,
             that
             pretended
             he
             would
             complain
             of
             him
             .
             The
             Decree
             was
             made
             by
             a
             Letter
             from
             His
             Majesty
             ,
             on
             a
             notable
             fraud
             of
             Mac-Carty
             (
             the
             Father
             )
             in
             the
             Case
             of
             Sir
             
               Iames
               Craig
            
             ,
             and
             he
             that
             Swears
             in
             it
             is
             Solicitor
             in
             the
             Cause
             ,
             and
             so
             not
             altogether
             so
             competent
             a
             Witness
             .
          
           
             But
             ,
             these
             are
             all
             on
             the
             by
             ,
             and
             come
             rather
             to
             prove
             an
             Intention
             ,
             then
             that
             which
             is
             pressed
             on
             him
             ,
             as
             a
             thing
             to
             which
             he
             is
             properly
             and
             finally
             to
             Answer
             .
          
           
             The
             next
             is
             concerning
             the
             Sentence
             of
             Mr.
             Parry
             ,
             in
             which
             business
             my
             Lord
             humbly
             offered
             ,
             That
             no
             Testimony
             is
             yet
             produced
             ,
             other
             ,
             than
             the
             Testimony
             of
             the
             Party
             himself
             .
             Now
             ,
             if
             the
             Judge
             may
             be
             Convinced
             ,
             and
             Condemned
             on
             the
             single
             Testimony
             of
             the
             Party
             grieved
             ,
             he
             knows
             no
             man
             would
             willingly
             sit
             in
             Judgment
             on
             these
             Termes
             :
             and
             ,
             out
             of
             this
             single
             VVitness
             (
             being
             qualified
             with
             the
             attribute
             of
             the
             party
             grieved
             )
             Must
             he
             be
             Condemned
             ,
             that
             was
             one
             of
             the
             Judges
             ?
          
           
             But
             ,
             as
             they
             have
             Proved
             nothing
             Judicially
             ,
             that
             can
             weigh
             with
             their
             Lordships
             ,
             it
             will
             be
             fit
             for
             him
             to
             justifie
             himself
             for
             this
             Sentence
             ,
             so
             far
             as
             comes
             to
             his
             share
             ,
             for
             all
             the
             whole
             Board
             consented
             to
             it
             :
             And
             therefore
             he
             besought
             their
             Lordships
             ,
             to
             give
             him
             the
             honor
             ,
             To
             offer
             the
             Sentence
             given
             against
             Mr.
             Parry
             ,
             wherein
             their
             Lordships
             would
             see
             the
             Reason
             ,
             that
             it
             was
             not
             for
             departing
             without
             Licence
             ,
             but
             for
             great
             and
             foul
             neglects
             and
             contempts
             to
             the
             Board
             .
          
           
             Mr.
             Gibson
             Attesting
             it
             to
             be
             a
             true
             Copy
             ,
             the
             Decree
             of
             the
             Deputy
             and
             Council
             was
             Read
             ,
             being
             in
             substance
             ;
             
          
           
             WHereas
             Henry
             Parry
             ,
             
               one
               of
               them
               who
               attended
               the
               Lord
               Chancellor
               ,
               as
               his
               Lordships
               Register-keeper
               ,
               or
               Clerk
               for
               private
               Iudicatures
               ,
               and
               Keeper
               of
               the
               Books
               of
               these
               Private
               Proceedings
               ,
               was
               Commanded
               to
               attend
               the
               Board
               to
               be
               Examined
               ;
               And
               whereas
               in
               Contempt
               thereof
               ,
               he
               not
               onely
               neglected
               to
               attend
               accordingly
               ,
               but
               departed
               this
               Kingdom
               ,
               which
               being
               represented
               to
               His
               Majesty
               ,
               it
               pleased
               His
               Majesty
               to
               require
               his
               return
               hither
               to
               attend
               this
               Board
               ;
               To
               which
               end
               a
               Bond
               was
               taken
               for
               his
               Appearance
               here
               the
               next
               Council-day
               ,
               after
               the
               12th
               of
            
             Aug.
             
               and
               whereas
               he
               was
               present
               himself
               at
               this
               Board
               9th
            
             October
             ,
             1638
             ,
             
               but
               offered
               no
               Petition
               ;
               as
               if
               he
               disdained
               so
               far
               to
               humble
               himself
               to
               this
               Authority
               ;
               whereupon
               it
               ebing
               made
               known
               to
               him
               ,
               That
               it
               became
               him
               ,
               in
               the
               Duty
               he
               owed
               to
               the
               dignity
               of
               this
               Board
               ,
               to
               come
               by
            
             Petition
             ,
             
               as
               all
               other
               Men
               :
               but
               he
               forbearing
               to
               exhibit
               his
            
             Petition
             ,
             
               till
               he
               was
               called
               by
               us
               the
               Deputiee
               to
               do
               it
               ;
               and
               then
               when
               he
               exhibited
               it
               ,
               he
               therein
               misrecited
               his
               Offence
               ;
               alleadging
               it
               to
               be
               for
               his
               repairing
               to
            
             England
             
               without
               Licence
            
             ;
             
             
               Licence
               ;
               whereas
               his
               Offence
               was
               ,
               The
               disobeying
               the
               Orders
               of
               this
               Board
               .
            
             Secondly
             ,
             
               He
               laid
               a
               Tax
               on
            
             William
             Ralton
             
               
                 Esq
              
               Alleadging
               ,
               That
               on
               pretence
               of
               Direction
               from
               Secretary
            
             Cooke
             ,
             
               he
               took
               his
               Bond
               for
               Appearance
               here
               ,
               whereas
               he
               knew
               it
               was
               not
               by
               any
               feigned
               direction
               ,
               but
               by
               appointment
               of
               Secretary
            
             Cooke
             ,
             
               by
               His
               Majesties
               Direction
            
             .
             Thirdly
             ;
             
               In
               stead
               of
               humbling
               himself
               ,
               he
               desired
               Cancelling
               of
               his
               Bond
               ,
               and
               Dismission
               from
               attendance
               ;
               and
               the
               rather
               ,
               because
               he
               conceived
               he
               had
               not
               in
               any
               degree
               transgressed
               the
            
             Proclamation
             ;
             
               cautelously
               alledging
               that
               to
               be
               his
               Offence
               ,
               which
               was
               not
               laid
               to
               his
               Charge
               .
               And
               ,
               for
               as
               much
               as
               his
               first
               Offence
               in
               Estoyning
               himself
               to
               shun
               the
               guilt
               whereof
               he
               was
               convinced
               ;
               and
               after
               his
               bold
               and
               insolent
               behaviour
               at
               this
               Board
               (
               in
               answering
               plainly
               That
               he
               conceived
               the
               Command
               of
               the
               Lord
               Chancellor
               ought
               to
               free
               him
               from
               the
               Command
               of
               this
               Board
               )
               deserves
               such
               proceedings
               against
               him
               ,
               as
               may
               be
               both
               Punishment
               to
               him
               ,
               and
               Example
               to
               others
               :
               It
               is
               therefore
               Ordered
               ,
               That
               he
               stand
               Fined
               in
            
             500
             l.
             
               Bound
               to
               his
               Good
               Behaviour
               ;
               stand
               Committed
               to
               the
               Castle
               during
               the
               Deputies
               pleasure
               ;
               and
               make
               acknowledgment
               of
               his
               Offence
               at
               this
               Board
               .
               And
               ,
               the
               Form
               of
               his
               Submission
               is
               set
               down
               ,
            
             I
             Acknowledge
             I
             presented
             a
             Presumptuous
             and
             Untrue
             Petition
             ,
             
               &c.
               Given
            
             30
             October
             ,
             1638.
             
          
           
             The
             Names
             of
             those
             that
             Subscribed
             it
             were
             also
             Read.
             
          
           
             Whence
             my
             Lord
             of
             Strafford
             observed
             ,
             That
             he
             was
             not
             Sentenced
             for
             going
             without
             Licence
             ,
             but
             for
             other
             Causes
             ;
             and
             desired
             my
             Lord
             Dillon
             ,
             and
             Sir
             
               Adam
               Loftus
            
             (
             whose
             hands
             are
             to
             the
             Decree0
             might
             be
             Asked
             a
             Question
             or
             two
             .
             And
             first
             to
             the
             business
             of
             my
             Lord
             of
             Esmond
             ,
             which
             had
             been
             forgot
             before
             .
          
           
             Robert
             Lord
             Dillon
             being
             asked
             ,
             Whether
             he
             remembred
             any
             Charge
             
             laid
             against
             my
             Lord
             of
             Esmond
             ,
             for
             a
             practice
             against
             Sir
             
               Walsingham
               Coke
            
             ?
             whereupon
             being
             Examined
             ,
             And
             ,
             When
             it
             was
             ?
          
           
             He
             Answered
             ,
             That
             he
             remembred
             it
             was
             about
             that
             time
             ,
             when
             a
             Letter
             was
             written
             from
             the
             Judges
             of
             Assize
             that
             went
             the
             Circuit
             of
             the
             County
             of
             Wexford
             ;
             and
             they
             Reported
             ,
             That
             they
             had
             taken
             Examinations
             :
             Whereupon
             it
             was
             mistrusted
             ,
             or
             at
             least
             suggested
             ,
             That
             my
             Lord
             of
             Esmond
             was
             to
             set
             some
             on
             to
             cut
             off
             Sir
             
               Walsingham
               Coke
            
             ;
             and
             ,
             this
             being
             taken
             into
             consideration
             ,
             it
             was
             resolved
             ,
             That
             till
             the
             Judges
             had
             determined
             ,
             Whether
             it
             was
             Treason
             ,
             or
             not
             ,
             he
             should
             be
             stayed
             for
             a
             time
             ;
             and
             ,
             as
             he
             takes
             it
             ,
             it
             was
             Resolved
             he
             should
             be
             Advertised
             into
             England
             .
          
           
             Being
             Asked
             (
             on
             Mr.
             Maynards
             Motion
             )
             What
             time
             this
             was
             ?
             
          
           
             He
             Answered
             ,
             The
             Question
             is
             sudden
             to
             him
             ;
             but
             ,
             it
             was
             much
             about
             the
             time
             that
             my
             Lord
             of
             Esmond
             had
             been
             in
             Town
             before
             ;
             but
             ,
             he
             cannot
             expresly
             speak
             to
             the
             time
             .
          
           
             But
             ,
             my
             Lord
             of
             Strafford
             observed
             ,
             That
             the
             Complaint
             came
             from
             the
             Judges
             of
             Assize
             ,
             when
             they
             came
             from
             the
             Circuit
             ,
             and
             that
             was
             alwayes
             about
             August
             .
          
           
           
             Lord
             Dillon
             being
             Asked
             ,
             What
             year
             it
             was
             ?
          
           
             He
             Answered
             ,
             He
             cannot
             tell
             the
             year
             of
             the
             Lord
             in
             Terms
             :
             but
             ,
             he
             remembers
             ,
             it
             was
             much
             about
             that
             time
             when
             my
             Lord
             of
             Esmond
             was
             Questioned
             ,
             and
             about
             Summer
             Circuit
             .
          
           
             My
             Lord
             of
             Strafford
             proposing
             ,
             That
             my
             Lord
             Dillon
             might
             be
             Asked
             ,
             What
             he
             remembred
             of
             the
             Sentence
             against
             Parry
             ?
             and
             ,
             What
             his
             behaviour
             was
             ?
          
           
             To
             this
             Mr.
             Maynard
             excepted
             ,
             as
             not
             proper
             to
             Examine
             the
             Judge
             ,
             
             Whether
             his
             Sentence
             was
             just
             or
             no
             ?
          
           
             To
             which
             my
             Lord
             of
             Strafford
             Answered
             ,
             That
             it
             is
             as
             equal
             the
             Judge
             that
             gives
             Sentence
             should
             be
             Examined
             ,
             as
             the
             party
             against
             whom
             the
             Sentence
             is
             given
             .
             That
             this
             is
             a
             Sentence
             for
             things
             spoken
             and
             done
             at
             the
             Board
             ,
             which
             stands
             not
             on
             such
             Niceties
             ;
             but
             Contempts
             and
             Misdemeanors
             to
             a
             Court
             are
             frequently
             determined
             ,
             without
             Examination
             of
             Witnesses
             ;
             and
             ,
             this
             is
             a
             Misdemeanor
             done
             in
             the
             place
             .
          
           
             But
             ,
             my
             Lord
             Dillon
             being
             spared
             from
             Answering
             ,
          
           
             Sir
             
               Adam
               Loftus
            
             was
             Examined
             ,
             What
             he
             knew
             of
             that
             practice
             of
             my
             Lord
             of
             Esmond
             ,
             against
             Sir
             
               Walsingham
               Cokes
            
             Life
             ?
             And
             when
             ?
          
           
             He
             Answered
             ,
             That
             the
             first
             time
             he
             heard
             of
             it
             ,
             was
             ,
             upon
             an
             Information
             of
             the
             Judges
             of
             the
             Circuit
             to
             my
             Lord
             Deputy
             ,
             then
             in
             Ireland
             ,
             as
             he
             takes
             it
             ;
             and
             ,
             he
             thinks
             ,
             my
             Lord
             was
             not
             then
             in
             Town
             ,
             but
             sent
             that
             Information
             to
             the
             Council
             at
             Dublin
             ,
             his
             Lordship
             being
             then
             at
             his
             Countrey-house
             ;
             and
             therein
             ,
             some
             Practice
             against
             Sir
             
               Walsingham
               Coke
            
             ,
             of
             certain
             Rebels
             and
             Outlawes
             ,
             that
             had
             laid
             in
             Ambush
             near
             his
             house
             ,
             was
             set
             forth
             ;
             and
             thereupon
             that
             Letter
             was
             sent
             to
             the
             Council
             to
             Consider
             of
             it
             ,
             and
             take
             course
             for
             his
             Security
             :
             That
             this
             was
             not
             all
             neither
             ;
             for
             ,
             the
             Examination
             of
             a
             Rebel
             in
             the
             Castle
             ,
             brought
             it
             home
             nearest
             to
             my
             Lord
             of
             Esmonds
             Case
             .
             But
             ,
             because
             the
             Rebel
             was
             a
             Man
             of
             that
             condition
             ,
             it
             was
             not
             thought
             his
             Testimony
             could
             be
             prevalent
             against
             my
             Lord
             of
             Esmond
             :
             therefore
             the
             other
             Witnesses
             were
             sent
             for
             to
             be
             Examined
             in
             the
             Cause
             .
             Now
             ,
             this
             Course
             of
             Examination
             held
             a
             matter
             of
             three
             weeks
             or
             a
             month
             ,
             or
             thereabouts
             (
             he
             doth
             not
             well
             know
             the
             time
             )
             but
             ,
             these
             Men
             not
             concurring
             with
             the
             Testimony
             of
             the
             Rebel
             ,
             in
             Restraint
             ,
             there
             was
             no
             words
             made
             of
             it
             ;
             but
             my
             Lord
             of
             Esmond
             was
             dismissed
             ,
             and
             left
             to
             take
             his
             own
             Course
             .
             The
             time
             was
             ,
             as
             he
             takes
             it
             ,
             in
             the
             Summer
             Assizes
             ,
             1637
             ,
             or
             1638
             ,
             he
             knows
             not
             which
             :
             And
             this
             is
             the
             truth
             ,
             and
             all
             he
             knows
             of
             the
             business
             .
          
           
             Whence
             my
             Lord
             of
             Strafford
             Inferred
             ,
             That
             being
             under
             that
             Charge
             
             of
             Sergeant-Major-General
             of
             the
             Army
             ,
             he
             denyed
             him
             liberty
             to
             go
             into
             England
             ;
             but
             ,
             as
             soon
             as
             he
             was
             clear
             ,
             he
             had
             his
             Licence
             .
          
           
           
             Mr.
             Maynard
             desiring
             their
             Lordships
             to
             observe
             ,
             that
             my
             Lord
             of
             Strafford
             Explained
             himself
             thus
             ;
             That
             he
             thought
             so
             ,
             or
             very
             shortly
             after
             :
             And
             added
             ,
             That
             the
             Gentleman
             is
             very
             quick
             with
             him
             ,
             being
             a
             Man
             of
             great
             understanding
             ,
             and
             himself
             a
             weak
             Man.
             But
             ,
             that
             he
             means
             very
             justly
             ,
             and
             would
             not
             be
             taken
             in
             an
             Untruth
             ;
             and
             said
             ,
             That
             he
             hath
             a
             Servant
             that
             was
             with
             him
             ,
             when
             my
             Lord
             of
             Esmonds
             Agent
             came
             to
             him
             ,
             at
             his
             House
             in
             the
             Countrey
             ;
             And
             desired
             ,
             he
             might
             be
             Asked
             ,
             What
             Answer
             he
             gave
             him
             ?
          
           
             
               Francis
               Wetheringe
            
             being
             Asked
             ,
             VVhat
             he
             knew
             concerning
             my
             Lord
             of
             Straffords
             giving
             of
             Licence
             to
             my
             Lord
             of
             Esmond
             ?
          
           
             He
             Answered
             ,
             That
             he
             remembers
             very
             well
             that
             the
             Gentlemen
             were
             
             Examined
             ,
             before
             they
             came
             to
             Fairework-Parke
             ;
             while
             he
             was
             waiting
             on
             his
             Lordship
             at
             that
             time
             ,
             the
             Gentleman
             came
             to
             him
             ,
             and
             desired
             him
             to
             tell
             my
             Lord
             he
             would
             speak
             with
             him
             :
             that
             he
             heard
             my
             Lord
             say
             ,
             It
             was
             concerning
             his
             Licence
             ,
             to
             repair
             to
             England
             ;
             and
             ,
             my
             Lord
             said
             ,
             He
             should
             have
             it
             ;
             but
             ,
             it
             was
             Winter
             time
             ,
             and
             he
             would
             let
             it
             alone
             till
             the
             Spring
             .
          
           
             Being
             Asked
             ,
             What
             Month
             it
             was
             ?
          
           
             He
             Answered
             ,
             He
             could
             not
             very
             well
             remember
             ,
             but
             it
             was
             the
             latter
             end
             of
             Summer
             as
             he
             thought
             .
          
           
             Mr.
             Ralton
             being
             Asked
             ,
             Whether
             the
             business
             of
             my
             Lord
             of
             Esmond
             ,
             
             and
             Sir
             
               Walsingham
               Coke
            
             ,
             were
             not
             Advertized
             over
             hither
             ?
          
           
             He
             Answered
             ,
             That
             he
             doth
             very
             well
             remember
             the
             business
             (
             he
             being
             then
             Agent
             for
             my
             Lord
             Lieutenant
             .
             )
             That
             in
             one
             of
             his
             Letters
             ,
             or
             the
             Councils
             ,
             Advertisement
             was
             given
             of
             this
             practice
             against
             Sir
             
               Walsingham
               Coke
            
             ;
             and
             ,
             as
             he
             takes
             it
             ,
             was
             in
             Sept.
             1638.
             or
             thereabouts
             ;
             and
             that
             my
             Lord
             was
             pleased
             to
             do
             him
             (
             the
             said
             Mr.
             Ralton
             )
             the
             favour
             ,
             to
             give
             him
             some
             passages
             of
             it
             .
          
           
             Therefore
             my
             Lord
             of
             Strafford
             desired
             ,
             These
             things
             might
             not
             stick
             
             with
             their
             Lordships
             ,
             or
             the
             House
             of
             Commons
             ,
             to
             his
             prejudice
             ;
             when
             he
             had
             not
             Means
             ,
             nor
             Possibility
             to
             make
             his
             Defence
             :
             but
             ,
             that
             in
             Charity
             they
             would
             reserve
             their
             Opinions
             till
             they
             sound
             the
             truth
             to
             the
             bottom
             ;
             and
             then
             he
             hoped
             he
             should
             appear
             an
             honest
             Man
             ,
             and
             that
             was
             all
             he
             pretended
             to
             .
          
           
             For
             the
             
               Remonstrance
               of
               the
               House
               of
               Commons
               in
               Ireland
               ,
            
             it
             is
             no
             Evidence
             ,
             but
             a
             Charge
             to
             call
             him
             to
             Accompt
             rather
             ,
             than
             to
             Condemn
             him
             or
             Judge
             him
             by
             :
             For
             ,
             it
             is
             the
             Remonstrance
             of
             the
             Commons
             House
             ,
             that
             have
             not
             power
             to
             give
             an
             Oath
             ,
             and
             so
             may
             be
             easily
             misinformed
             ,
             when
             they
             want
             a
             Meanes
             to
             try
             out
             the
             Truth
             .
          
           
             But
             ,
             for
             the
             
               Great
               Fees
               exacted
               for
               these
               Licences
            
             ;
             Here
             are
             two
             of
             his
             Secretaries
             imployed
             in
             this
             business
             ,
             whom
             his
             Lordship
             desired
             might
             be
             
             Examined
             ,
             What
             Fees
             they
             demanded
             ,
             and
             had
             in
             this
             particular
             ?
             He
             added
             ,
             That
             he
             durst
             say
             ,
             Thousands
             that
             went
             over
             without
             Licence
             were
             never
             question'd
             for
             it
             :
             nor
             any
             ,
             but
             where
             there
             was
             Cause
             ;
             as
             ,
             in
             Case
             a
             Man
             was
             ill-affected
             ,
             and
             then
             he
             was
             looked
             after
             .
          
           
             Mr.
             Slingsby
             being
             Asked
             about
             the
             Fees
             for
             Licences
             ?
          
           
             He
             Answered
             ,
             They
             did
             give
             the
             Clerks
             directions
             never
             to
             demand
             
             any
             Fees
             for
             Licences
             ;
             and
             ,
             that
             the
             Clerk
             never
             accompted
             to
             him
             for
             above
             Five
             shillings
             for
             any
             Licence
             ,
             which
             he
             said
             was
             voluntarily
             given
             ,
             not
             demanded
             .
          
           
             Mr.
             Little
             being
             Asked
             to
             the
             matter
             of
             Fees
             ?
          
           
             He
             Answered
             ,
             That
             he
             Charged
             his
             servant
             still
             to
             demand
             no
             Fees
             
             for
             Licences
             ,
             except
             of
             Privy-Counsellors
             ,
             or
             Officers
             of
             the
             Army
             ;
             and
             ,
             when
             they
             had
             Licences
             they
             paid
             for
             them
             ;
             and
             ,
             the
             Fee
             of
             the
             Licence
             from
             the
             Captains
             was
             20
             Shillings
             ;
             the
             ordinary
             Fee
             for
             others
             Five
             shillings
             ;
             and
             ,
             many
             times
             none
             at
             all
             was
             paid
             .
          
           
             And
             then
             my
             Lord
             of
             Strafford
             added
             ,
             That
             he
             had
             now
             gone
             over
             all
             the
             
             particular
             Proofes
             ,
             as
             near
             as
             he
             could
             remember
             them
             :
             And
             ,
             the
             last
             he
             shall
             insist
             on
             is
             this
             .
             That
             there
             is
             nothing
             in
             this
             Charge
             as
             he
             conceives
             of
             Treason
             ;
             and
             he
             must
             needs
             Conclude
             every
             Article
             so
             ,
             in
             regard
             Treason
             is
             the
             only
             thing
             he
             is
             Charged
             withal
             :
             And
             ,
             he
             conceives
             he
             hath
             given
             such
             Answers
             to
             this
             ,
             that
             nothing
             shall
             convince
             him
             before
             their
             Lordships
             of
             Treason
             .
             And
             ,
             for
             matter
             of
             Misdemeanors
             ,
             he
             knowes
             their
             Lordships
             will
             give
             him
             time
             to
             examine
             Witnesses
             ,
             and
             leave
             for
             his
             Counsel
             to
             be
             heard
             ,
             and
             then
             he
             shall
             Acquit
             himself
             as
             becomes
             him
             ;
             and
             so
             with
             all
             humility
             ,
             submit
             it
             to
             their
             Lordships
             .
          
           
             And
             thus
             his
             Lordship
             concluded
             his
             Defence
             .
          
           
             ARTICLE
             XVI
             .
             REPLICATION
             .
          
           
             Mr.
             Palmer
             Replyed
             thereunto
             in
             substance
             as
             followeth
             ;
          
           
             THat
             my
             Lord
             of
             Strafford
             ,
             in
             the
             Preamble
             of
             his
             Defence
             ,
             hath
             made
             
             a
             great
             Profession
             to
             their
             Lordships
             of
             his
             endeavour
             to
             preserve
             the
             Laws
             in
             Ireland
             ;
             and
             ,
             that
             no
             Deputy
             did
             ever
             less
             interrupt
             the
             Legal
             Proceedings
             :
             Which
             ,
             though
             it
             be
             not
             the
             matter
             of
             the
             Cause
             ,
             he
             desired
             leave
             to
             put
             their
             Lordships
             in
             mind
             ,
             how
             much
             he
             hath
             interrupted
             the
             legal
             proceedings
             ,
             because
             it
             hath
             been
             another
             part
             of
             his
             Army
             .
          
           
             That
             it
             hath
             been
             fully
             proved
             ,
             How
             he
             Assumed
             to
             himself
             ,
             out
             of
             the
             ordinary
             Jurisdiction
             ,
             Causes
             to
             be
             heard
             before
             himself
             ,
             on
             Paper
             Petitions
             ,
             which
             ,
             how
             grosly
             he
             hath
             determined
             ,
             their
             Lordships
             have
             heard
             :
             And
             ,
             whether
             this
             be
             not
             an
             Interruption
             to
             legal
             proceedings
             ,
             he
             submitted
             
             to
             their
             Lordships
             ,
             and
             also
             left
             them
             to
             Judge
             how
             contrary
             it
             was
             to
             this
             Profession
             of
             my
             Lord
             of
             Strafford
             .
          
           
             To
             the
             Matter
             of
             the
             Defence
             ,
             
               viz.
               That
               these
               Particulars
               were
               not
               complained
               of
            
             ;
             Mr.
             Palmer
             Answered
             ,
             It
             is
             true
             ,
             There
             is
             no
             particular
             Complaint
             
             in
             the
             Article
             :
             but
             ,
             my
             Lord
             of
             Strafford
             ,
             in
             his
             Answer
             ,
             said
             ,
             He
             never
             deny'd
             Licenses
             to
             any
             man
             to
             go
             into
             England
             ,
             and
             that
             puts
             it
             in
             Is
             sue
             ,
             and
             gives
             occasion
             to
             prove
             his
             Denyal
             .
          
           
             To
             the
             Reasons
             of
             his
             Propositions
             ,
             Mr.
             Palmer
             observed
             ,
             they
             were
             ,
             viz.
             Because
             he
             was
             responsible
             for
             the
             Justice
             of
             the
             place
             ;
             and
             therefore
             good
             reason
             his
             Integrity
             should
             be
             tried
             before
             any
             Complaints
             came
             :
             The
             Officers
             and
             Ministers
             of
             Justice
             should
             not
             be
             drawn
             from
             thence
             on
             every
             Complaint
             ,
             where
             they
             might
             have
             redress
             at
             their
             own
             doors
             .
             These
             are
             fair
             shows
             ,
             and
             something
             must
             be
             said
             to
             induce
             His
             Majesties
             Allowance
             ;
             and
             ,
             as
             much
             as
             Art
             and
             Skill
             could
             invent
             to
             prevent
             the
             Subjects
             access
             to
             their
             Sovereign
             with
             Complaints
             of
             Injustice
             and
             Oppression
             ;
             It
             must
             have
             a
             great
             deal
             of
             Wit
             and
             Art
             to
             colour
             it
             ,
             and
             so
             he
             uses
             it
             :
             Their
             Lordships
             cannot
             expect
             it
             from
             him
             ,
             nor
             will
             their
             Lordships
             expect
             it
             in
             the
             Proofs
             ,
             that
             he
             should
             tell
             His
             Majesty
             he
             doth
             all
             this
             ,
             that
             they
             may
             not
             complain
             of
             Injustice
             and
             Oppression
             ,
             for
             this
             is
             a
             hard
             thing
             to
             be
             done
             ;
             But
             ,
             the
             thing
             it self
             showes
             for
             what
             end
             he
             obtained
             it
             ,
             his
             many
             Acts
             of
             Injustice
             prove
             ,
             
               Quo
               obtentu
            
             ,
             this
             Proposition
             was
             gotten
             ;
             If
             this
             had
             been
             gotten
             on
             the
             fair
             grounds
             pretended
             ,
             then
             ,
             upon
             Complaints
             here
             ,
             His
             Majesty
             ,
             in
             consideration
             of
             them
             ,
             had
             had
             it
             in
             his
             own
             power
             ,
             to
             have
             referred
             them
             back
             to
             Ireland
             ,
             if
             they
             were
             misinformed
             ;
             but
             ,
             meanes
             were
             used
             that
             they
             should
             not
             come
             to
             the
             King
             ,
             the
             Barr
             was
             laid
             with
             the
             Secretaries
             ,
             and
             Masters
             of
             Requests
             ,
             that
             His
             Majesty
             should
             ,
             by
             no
             means
             know
             ,
             as
             to
             consider
             of
             the
             fitness
             ,
             or
             unfitness
             of
             them
             .
          
           
             For
             the
             Matter
             of
             the
             Judges
             and
             Ministers
             being
             withdrawn
             ;
             it
             is
             true
             ,
             they
             were
             most
             likely
             to
             be
             complained
             of
             ;
             but
             ,
             when
             they
             cannot
             be
             complained
             of
             but
             to
             my
             Lord
             of
             Strafford
             ,
             this
             draws
             a
             great
             Dependence
             on
             him
             ,
             and
             makes
             them
             amenable
             to
             his
             Will.
             As
             ,
             in
             the
             Sentences
             wherein
             they
             concurred
             ,
             and
             whereby
             he
             would
             justifie
             himself
             .
          
           
             Again
             ,
             the
             discouraging
             of
             Complaints
             in
             this
             Proposition
             ,
             and
             the
             Arguments
             used
             to
             His
             Majesty
             ,
             provided
             a
             Punishment
             for
             Clamorous
             Complaints
             ;
             so
             ,
             that
             they
             ,
             which
             had
             Cause
             of
             Complaint
             ,
             being
             terrified
             with
             a
             Punishment
             (
             though
             they
             were
             not
             Clamorous
             )
             might
             now
             be
             made
             appear
             to
             be
             so
             .
          
           
             For
             the
             Authorities
             whereby
             he
             justifies
             this
             
               Proclamation
               .
               First
            
             ,
             He
             insists
             on
             the
             Lawes
             of
             that
             Kingdom
             ,
             that
             by
             the
             Law
             they
             could
             not
             depart
             the
             Realm
             ,
             and
             that
             by
             an
             Implication
             25
             H.
             6.
             
             But
             ,
             Mr.
             Palmer
             observed
             ,
             that
             that
             is
             no
             Prohibition
             of
             coming
             out
             of
             Ireland
             ;
             but
             ,
             if
             any
             Liege
             man
             ,
             &c.
             shall
             ,
             by
             the
             Kings
             Command
             ,
             depart
             the
             Realm
             ,
             his
             Lands
             should
             not
             be
             seized
             ;
             and
             ,
             the
             only
             inference
             can
             be
             ,
             That
             if
             others
             went
             without
             License
             ,
             their
             Lands
             might
             be
             seized
             ,
             but
             not
             that
             their
             persons
             might
             be
             restrained
             from
             coming
             without
             Licence
             .
          
           
             There
             were
             such
             Provisions
             and
             Ordinances
             in
             Ireland
             ,
             to
             which
             the
             Instructions
             following
             ,
             and
             His
             Majesties
             Letter
             had
             Reference
             ;
             That
             those
             persons
             that
             had
             great
             Possessions
             in
             Ireland
             ,
             in
             time
             of
             Discord
             ,
             were
             to
             be
             resident
             upon
             their
             Land
             Personally
             ,
             so
             that
             their
             Land
             might
             be
             maintained
             against
             Incursions
             .
             And
             ,
             this
             is
             plain
             ,
             by
             a
             Statute
             28
             H.
             8.
             
             Ca.
             3
             Reciting
             the
             Inconvenience
             from
             those
             they
             call
             Absentees
             ;
             That
             is
             ,
             that
             having
             large
             Possessions
             by
             Descent
             ,
             or
             Graunt
             ,
             did
             Demurre
             in
             England
             ,
             
             and
             left
             those
             possessions
             unsafeguarded
             ;
             and
             ,
             by
             this
             means
             ,
             the
             Lands
             (
             which
             His
             Majesty
             had
             been
             at
             great
             Cost
             in
             Conquering
             )
             were
             regained
             by
             the
             Irish
             ,
             and
             therefore
             there
             was
             a
             Penalty
             on
             those
             Lands
             ;
             and
             ,
             it
             is
             provided
             ,
             that
             the
             King
             shall
             be
             Entituled
             to
             the
             Duke
             of
             Norfolkes
             Land
             for
             that
             cause
             :
             But
             ,
             here
             is
             only
             a
             Provision
             that
             the
             Lands
             should
             be
             safeguarded
             ,
             but
             not
             that
             the
             Subject
             should
             not
             resort
             to
             the
             Kings
             Majesty
             ,
             for
             redress
             of
             Grievances
             and
             Oppressions
             ,
             and
             that
             is
             in
             the
             Charge
             against
             my
             Lord
             of
             Strafford
             .
          
           
             For
             the
             Instructions
             of
             May
             ,
             1628
             ,
             on
             a
             Petition
             by
             the
             Inhabitants
             ;
             the
             Petition
             was
             ,
             That
             they
             might
             make
             personal
             Residence
             at
             least
             half
             a
             year
             ;
             but
             ,
             that
             related
             to
             Undertakers
             ,
             and
             others
             that
             have
             Lands
             and
             Offices
             there
             ,
             and
             so
             was
             for
             the
             same
             purpose
             that
             the
             Lands
             should
             be
             safeguarded
             :
             But
             certainly
             ,
             there
             is
             great
             difference
             between
             Residence
             ,
             and
             Restraining
             a
             Resort
             hither
             to
             make
             Complaint
             to
             His
             Majesty
             :
             It
             is
             true
             ,
             there
             should
             be
             a
             Residence
             ,
             they
             were
             not
             to
             depart
             without
             Licence
             ;
             but
             ,
             if
             they
             had
             Temporary
             occasions
             ,
             or
             Reasons
             of
             Complaint
             ,
             it
             is
             not
             against
             the
             Instructions
             that
             Licences
             should
             be
             deny'd
             .
          
           
             My
             Lord
             insists
             on
             this
             ,
             that
             it
             is
             the
             Law
             of
             the
             Land
             ,
             and
             agreeable
             to
             the
             Laws
             of
             this
             Land
             ,
             and
             he
             would
             willingly
             bring
             the
             Laws
             of
             this
             Land
             into
             Ireland
             .
             But
             ,
             under
             favour
             ,
             the
             Laws
             of
             this
             Land
             are
             not
             so
             ;
             It
             is
             no
             offence
             ,
             or
             Contempt
             for
             any
             Subject
             ,
             to
             depart
             this
             Land
             without
             Licence
             :
             Our
             Books
             are
             so
             .
             The
             Statute
             5
             R.
             2.
             did
             provide
             ,
             that
             none
             should
             depart
             without
             License
             (
             a
             general
             Prohibition
             )
             except
             they
             were
             Lords
             and
             good
             Merchants
             :
             Therefore
             ,
             by
             the
             Law
             ,
             (
             before
             that
             Statute
             was
             )
             any
             Man
             might
             depart
             without
             License
             ;
             and
             ,
             that
             Statute
             is
             since
             Repealed
             ,
             by
             a
             Statute
             made
             4
             Iac.
             So
             that
             by
             the
             Common
             Law
             of
             England
             the
             passage
             is
             open
             again
             ;
             and
             ,
             it
             is
             no
             offence
             at
             all
             to
             depart
             without
             Licence
             .
             It
             is
             true
             ,
             His
             Majesty
             may
             restrain
             by
             a
             
               Ne
               exeat
               Regno
            
             ,
             &c.
             or
             by
             a
             Proclamation
             on
             special
             Causes
             ,
             but
             till
             then
             the
             passage
             is
             open
             ,
             and
             they
             may
             depart
             by
             the
             Law
             of
             the
             Land
             ,
             and
             the
             Penalty
             is
             only
             in
             the
             Case
             of
             the
             Absentees
             .
          
           
             My
             Lord
             alledges
             the
             Kings
             Letter
             ;
             There
             is
             as
             much
             skill
             as
             can
             be
             for
             a
             Defence
             ,
             The
             Proclamation
             reciting
             these
             Letters
             ,
             and
             the
             Instructions
             .
             But
             ,
             the
             grounds
             are
             false
             :
             for
             ,
             that
             which
             is
             appliable
             to
             a
             Residence
             for
             Defence
             ,
             my
             Lord
             makes
             a
             ground
             to
             restrain
             all
             kind
             of
             Resort
             .
          
           
             My
             Lord
             takes
             notice
             of
             his
             Moderation
             ,
             in
             Executing
             the
             Kings
             Letter
             ,
             in
             respect
             of
             the
             distance
             of
             time
             ,
             between
             the
             Letter
             ,
             Ianuary
             1634
             ,
             and
             the
             Proclamation
             ,
             Sept.
             1635.
             
             If
             it
             had
             been
             a
             Service
             to
             His
             Majesty
             ,
             it
             should
             have
             been
             speeded
             sooner
             ;
             It
             was
             a
             disservice
             in
             being
             so
             long
             delayed
             ,
             if
             the
             matter
             required
             it
             ;
             but
             ,
             there
             was
             something
             else
             ;
             It
             was
             not
             fit
             for
             my
             Lords
             opportunity
             till
             then
             ;
             and
             ,
             when
             it
             was
             fit
             he
             publish'd
             it
             ,
             and
             not
             before
             .
          
           
             My
             Lord
             deserting
             his
             Justification
             by
             the
             Proclamation
             ,
             as
             a
             Temporary
             Law
             (
             as
             he
             may
             ,
             for
             Proclamations
             be
             not
             Temporary
             Laws
             ,
             in
             case
             they
             be
             against
             Law
             ,
             but
             Publication
             of
             Lawes
             .
             )
             Now
             ,
             he
             insists
             on
             this
             ,
             That
             by
             his
             Commission
             he
             himself
             hath
             not
             power
             to
             publish
             Proclamations
             ,
             but
             by
             advice
             of
             others
             ;
             So
             the
             power
             is
             not
             in
             himself
             alone
             ,
             for
             he
             had
             the
             Concurrence
             of
             other
             Counsellors
             joyned
             with
             him
             .
          
           
             Mr.
             Palmer
             desired
             their
             Lordships
             to
             observe
             his
             own
             Answer
             ;
             and
             ,
             the
             Reason
             ,
             why
             that
             Unreasonable
             allowance
             was
             got
             ,
             which
             is
             ,
             That
             he
             is
             Responsible
             for
             the
             Justice
             of
             that
             place
             ;
             and
             ,
             if
             he
             be
             so
             ,
             he
             takes
             but
             their
             Concurring
             with
             him
             ;
             in
             a
             thing
             so
             much
             against
             Law
             ,
             it
             may
             make
             it
             an
             Offence
             in
             them
             ,
             it
             cannot
             extenuate
             his
             Offence
             .
          
           
           
             He
             insists
             on
             a
             necessity
             of
             this
             ,
             that
             it
             is
             fit
             for
             that
             Kingdom
             ,
             and
             wishes
             it
             might
             be
             so
             continued
             ;
             and
             that
             in
             several
             respects
             ;
             in
             respect
             of
             
               O
               Neale
            
             ,
             and
             Tirconnel
             ,
             and
             the
             Rebels
             that
             adhere
             to
             them
             ;
             and
             that
             it
             might
             be
             dangerous
             ,
             if
             those
             in
             Ireland
             should
             go
             out
             at
             their
             pleasure
             .
             Indeed
             ,
             if
             their
             Resort
             were
             thither
             ,
             it
             were
             true
             ;
             But
             ,
             the
             Commons
             having
             offered
             nothing
             ,
             but
             their
             Request
             to
             come
             into
             England
             ,
             where
             there
             is
             no
             
               O
               Neale
            
             ,
             nor
             Tirconnel
             ,
             to
             Complain
             to
             the
             King
             of
             Oppressions
             :
             and
             ,
             however
             my
             Lord
             of
             Strafford
             doth
             conceive
             it
             fit
             in
             Ireland
             ,
             their
             Lordships
             hear
             by
             the
             Remonstrance
             ,
             what
             Just
             Fears
             they
             apprehended
             ;
             It
             is
             an
             Innovation
             brought
             on
             them
             ,
             which
             was
             never
             on
             their
             Ancestors
             from
             the
             time
             of
             
               Henry
               the
               Second
            
             .
          
           
             The
             next
             thing
             was
             his
             Demeanor
             in
             the
             Execution
             of
             this
             Proclamation
             ;
             Then
             he
             made
             that
             General
             Protestation
             ,
             That
             these
             particulars
             were
             not
             Complained
             of
             .
             To
             which
             Mr.
             Palmer
             said
             ,
             He
             must
             Answer
             as
             before
             .
             My
             Lord
             hath
             put
             it
             in
             Issue
             ,
             That
             he
             never
             did
             deny
             Licence
             ,
             which
             casts
             the
             Commons
             on
             Proof
             ,
             That
             that
             in
             particular
             hath
             been
             deny'd
             .
          
           
             The
             Case
             of
             my
             Lord
             of
             Esmond
             is
             observed
             to
             be
             in
             time
             ,
             1638.
             
             And
             whereas
             it
             is
             said
             ,
             A
             License
             was
             deny'd
             ,
             because
             there
             was
             some
             Charge
             against
             him
             ,
             of
             practising
             against
             Sir
             
               Walsingham
               Cook.
            
             This
             needs
             no
             other
             Answer
             ,
             but
             what
             Sir
             
               Adam
               Loftus
            
             has
             given
             ,
             That
             the
             business
             was
             continued
             in
             Examination
             no
             longer
             than
             three
             weeks
             ,
             or
             thereabouts
             ,
             and
             was
             then
             dismist
             ;
             whereas
             the
             Denyal
             continued
             longer
             .
             But
             ,
             if
             it
             be
             truely
             informed
             ,
             This
             demand
             of
             Licence
             to
             come
             over
             was
             in
             August
             ;
             the
             Information
             came
             not
             till
             September
             after
             :
             so
             that
             the
             Information
             cannot
             be
             applyed
             to
             avoid
             the
             Denyal
             of
             the
             License
             .
          
           
             Torky
             being
             Asked
             the
             time
             of
             year
             the
             Summer
             Assizes
             used
             to
             be
             in
             
             Ireland
             ?
          
           
             He
             Answered
             ,
             That
             he
             hath
             observed
             them
             ,
             since
             his
             knowledge
             of
             that
             Kingdom
             ,
             to
             be
             in
             September
             for
             the
             County
             of
             Wexford
             .
          
           
             Whence
             Mr.
             Palmer
             Inferred
             ,
             That
             if
             the
             Petition
             were
             in
             August
             ,
             the
             Assizes
             in
             September
             ,
             this
             could
             be
             no
             Reason
             ,
             why
             in
             August
             an
             Information
             in
             September
             should
             be
             the
             Cause
             of
             denying
             the
             License
             .
          
           
             My
             Lord
             sayes
             afterwards
             ,
             He
             did
             give
             him
             a
             License
             ;
             but
             your
             Lordships
             may
             remember
             ,
             it
             was
             not
             till
             the
             opportunity
             was
             past
             of
             examining
             Witnesses
             .
             And
             ,
             whereas
             it
             hath
             been
             said
             ,
             in
             Answer
             ,
             That
             my
             Lord
             of
             Esmond
             did
             joyn
             ,
             and
             Riley
             was
             produced
             ;
             yet
             Riley
             sayes
             ,
             There
             were
             two
             Defendants
             ,
             Sir
             
               Pierce
               Crosby
            
             ,
             and
             my
             Lord
             Esmond
             ;
             and
             ,
             for
             whom
             the
             Commission
             was
             ,
             he
             cannot
             tell
             :
             And
             ,
             if
             there
             were
             a
             Commission
             ,
             it
             is
             very
             ordinary
             to
             have
             more
             then
             one
             ;
             and
             ,
             if
             it
             be
             desired
             ,
             a
             second
             is
             just
             as
             the
             first
             .
             Mr.
             Ralton
             sayes
             ,
             he
             is
             confident
             there
             was
             a
             Commission
             :
             if
             there
             was
             so
             ,
             Why
             is
             not
             that
             Record
             produced
             ?
          
           
           
             The
             next
             particular
             was
             my
             Lord
             Roche
             ,
             and
             the
             Answer
             to
             that
             is
             ,
             That
             there
             was
             an
             Information
             against
             him
             in
             the
             Starchamber
             .
             It
             is
             true
             ,
             but
             that
             had
             ceased
             half
             a
             year
             before
             he
             desired
             a
             License
             ,
             and
             therefore
             could
             not
             be
             a
             cause
             to
             hinder
             a
             Licence
             .
          
           
             For
             
               Dermond
               Mac-Carty
            
             it
             is
             said
             ,
             his
             Petition
             was
             for
             liberty
             to
             go
             over
             for
             breeding
             ,
             and
             therefore
             he
             might
             go
             to
             Doway
             or
             
               St.
               Omer
            
             .
             &c.
             But
             their
             Lordships
             might
             observe
             this
             Petition
             was
             to
             come
             into
             England
             ,
             and
             the
             occasion
             was
             his
             Relation
             to
             that
             Suit
             ,
             and
             that
             is
             conceived
             the
             cause
             of
             denying
             that
             Licence
             ;
             for
             my
             Lord
             could
             not
             but
             know
             that
             Mac-Carty
             had
             relation
             to
             the
             suit
             before
             him
             ,
             which
             was
             decreed
             after
             a
             double
             dismission
             ,
             and
             it
             is
             no
             Exception
             that
             the
             Witness
             is
             his
             Sollicitor
             in
             the
             Cause
             :
             It
             is
             ordinary
             that
             the
             Sollicitor
             be
             admitted
             a
             Witness
             ,
             and
             the
             best
             Witness
             in
             Courts
             of
             Justice
             .
          
           
             And
             to
             answer
             that
             fully
             and
             clearly
             ,
             it
             shall
             appear
             ,
             that
             this
             very
             thing
             is
             assigned
             by
             Secretary
             Little
             ,
             to
             be
             the
             reason
             why
             he
             should
             not
             go
             over
             ,
             that
             he
             might
             not
             complain
             of
             his
             suit
             ,
             and
             a
             Witness
             did
             depose
             to
             that
             effect
             .
          
           
             
               Iohn
               Meaugh
            
             bein
             sworn
             and
             Interrogated
             to
             the
             Cause
             of
             denying
             the
             said
             Licence
             .
          
           
             He
             Answers
             ,
             That
             he
             went
             to
             Dublin
             with
             Mac-Carty
             the
             Son
             ,
             with
             the
             Petition
             ,
             and
             that
             Secretary
             Little
             took
             the
             Petition
             in
             his
             hand
             ,
             and
             said
             ,
             Are
             not
             you
             
             Mac-Carty's
             Son
             ?
             Yes
             said
             he
             .
             And
             you
             intend
             to
             go
             and
             complain
             against
             the
             Order
             my
             Lord
             conceived
             against
             your
             Father
             ?
             No
             indeed
             ,
             sayes
             he
             ,
             I
             do
             not
             ;
             Sayes
             the
             Secretary
             ,
             I
             will
             take
             your
             Petition
             and
             deliver
             it
             to
             my
             Lord
             ,
             and
             I
             believe
             my
             Lord
             will
             not
             grant
             your
             Request
             ,
             and
             they
             left
             the
             Petition
             and
             went
             out
             .
             A
             little
             after
             ,
             a
             kinsman
             of
             his
             ,
             the
             Deputies
             Master
             ,
             Sir
             
               Valentine
               Brown
            
             said
             to
             him
             ,
             the
             Son
             ,
             I
             have
             heard
             my
             Lord
             hath
             granted
             your
             Request
             in
             your
             Petition
             ;
             so
             they
             came
             to
             the
             place
             to
             receive
             the
             Petition
             ,
             and
             this
             is
             the
             Petition
             shewed
             their
             Lordships
             ,
             when
             his
             ,
             the
             Deputies
             Master
             saw
             the
             Petition
             ,
             he
             would
             not
             take
             it
             .
             Take
             notice
             Gentlemen
             ,
             saith
             Mr.
             Little
             ,
             what
             Charge
             he
             hath
             ,
             and
             if
             he
             doth
             any
             thing
             to
             the
             contrary
             ,
             let
             it
             be
             on
             his
             peril
             ;
             so
             they
             took
             the
             Petition
             ,
             and
             went
             away
             .
          
           
             Against
             Parries
             Testimony
             ;
             First
             ,
             my
             Lord
             says
             ,
             he
             is
             a
             single
             Witness
             ,
             
             but
             if
             that
             be
             not
             admitted
             ,
             there
             is
             no
             need
             of
             his
             Testimony
             ;
             for
             Secretary
             
             Cook
             's
             Warrant
             proves
             what
             was
             the
             reason
             ,
             and
             their
             Lordships
             may
             know
             whence
             that
             came
             .
             His
             Sentence
             is
             thus
             far
             in
             question
             here
             ,
             whether
             he
             was
             sentenced
             for
             coming
             over
             or
             otherwise
             ;
             It
             is
             true
             (
             and
             that
             is
             the
             iniquity
             of
             it
             )
             the
             sentence
             doth
             express
             it
             to
             be
             for
             another
             Cause
             ;
             It
             is
             not
             usual
             in
             Sentences
             ,
             to
             say
             what
             it
             is
             not
             for
             ,
             but
             what
             it
             is
             for
             ;
             but
             it
             is
             for
             his
             not
             petitioning
             the
             Council-Table
             ,
             and
             setting
             forth
             after
             in
             his
             Petition
             ,
             that
             his
             offence
             was
             his
             coming
             overwithout
             Licence
             ;
             and
             saying
             Mr.
             Ralton
             pretended
             Secretary
             
             Cooks
             '
             directions
             ,
             whereas
             he
             must
             so
             speak
             truth
             ,
             as
             not
             to
             be
             charged
             with
             a
             pretence
             .
             And
             it
             were
             most
             just
             to
             sentence
             him
             for
             coming
             without
             Licence
             ;
             then
             for
             his
             being
             not
             called
             ,
             nor
             any
             
             way
             able
             to
             answer
             the
             Defence
             .
             That
             others
             are
             joyned
             with
             him
             in
             the
             Sentence
             ,
             it
             doth
             not
             excuse
             his
             Lordship
             :
             They
             shew
             the
             more
             dependencie
             upon
             him
             ,
             and
             by
             this
             means
             ,
             no
             complaints
             of
             Injustice
             or
             Oppression
             ,
             can
             be
             brought
             to
             any
             but
             
             himself
             ,
             and
             that
             brings
             them
             under
             his
             wing
             ;
             However
             ,
             the
             fault
             is
             in
             them
             ,
             as
             well
             as
             in
             him
             .
          
           
             The
             Remonstrance
             he
             says
             ,
             is
             only
             a
             Charge
             ,
             but
             it
             is
             the
             Declaration
             and
             Voice
             of
             all
             the
             People
             ,
             of
             sufficient
             credit
             ,
             to
             represent
             their
             grievances
             ,
             what
             they
             conceive
             to
             be
             their
             true
             Liberty
             ,
             and
             how
             they
             have
             used
             it
             ever
             since
             the
             time
             of
             H.
             2.
             
             Which
             is
             ,
             that
             they
             should
             have
             redress
             for
             grievances
             ,
             which
             is
             no
             other
             than
             the
             Common-Law
             ;
             That
             the
             Subject
             should
             have
             free
             Access
             to
             the
             Sovereign
             .
          
           
             His
             last
             is
             ,
             That
             there
             is
             nothing
             of
             Treason
             in
             this
             :
             And
             to
             this
             the
             same
             Answer
             is
             given
             ,
             as
             to
             all
             the
             rest
             ,
             which
             are
             not
             individual
             Treasons
             .
             The
             Multiplication
             of
             Acts
             ,
             all
             containing
             something
             in
             them
             of
             an
             Arbitrary
             power
             ,
             conclude
             ,
             as
             effects
             from
             the
             cause
             ,
             from
             whence
             this
             proceeds
             .
          
           
             And
             this
             thing
             is
             not
             so
             petty
             as
             my
             Lord
             makes
             it
             ,
             to
             deny
             the
             Access
             of
             the
             Subject
             to
             their
             Sovereign
             ;
             and
             tho
             it
             be
             allowed
             by
             His
             Majesties
             Letter
             and
             Instructions
             ,
             yet
             these
             being
             obtained
             by
             himself
             ,
             make
             it
             worse
             ,
             he
             taking
             so
             Sovereign
             a
             Power
             ,
             that
             
               Non
               sentit
               parem
               ,
               nec
               superiorem
               .
            
          
           
             Mr.
             Palmer
             instanced
             in
             that
             great
             Case
             of
             the
             Marquis
             of
             Dublin
             ,
             that
             had
             the
             Dominion
             of
             Ireland
             granted
             him
             ,
             he
             had
             
               Merum
               &
               maximum
               Imperium
            
             ,
             under
             the
             Broad
             Seal
             ,
             and
             his
             Patent
             passed
             in
             Parliament
             ,
             yet
             it
             was
             one
             of
             the
             Articles
             charged
             on
             him
             ,
             for
             it
             tended
             to
             the
             Severance
             of
             the
             Allegiance
             of
             the
             People
             from
             their
             King.
             
          
           
             In
             the
             next
             Article
             their
             Lordships
             shall
             hear
             his
             demeanor
             to
             those
             of
             the
             Scotch
             Nation
             .
          
           
             Mr.
             Maynard
             desired
             to
             add
             a
             word
             to
             what
             had
             been
             said
             ;
             First
             ,
             My
             Lord
             says
             ,
             that
             the
             particulars
             are
             not
             in
             the
             Charge
             ,
             but
             that
             is
             a
             mistake
             ,
             for
             this
             Case
             of
             Parry
             is
             particularly
             charged
             ,
             and
             divers
             others
             ;
             it
             is
             true
             ,
             the
             rest
             are
             general
             ,
             but
             this
             is
             particular
             ,
             so
             the
             Charge
             is
             good
             in
             that
             .
          
           
             And
             whereas
             my
             Lord
             had
             endeavoured
             to
             justifie
             this
             by
             Law.
             Mr.
             Maynard
             observed
             ,
             That
             they
             do
             not
             lay
             the
             point
             upon
             that
             ,
             how
             far
             the
             Subject
             may
             be
             restrained
             in
             that
             particular
             :
             but
             here
             is
             the
             sting
             of
             my
             Lord
             of
             
             Strafford's
             proceedings
             ,
             he
             takes
             this
             (
             be
             it
             lawful
             or
             unlawful
             )
             to
             prevent
             the
             Complaints
             which
             might
             be
             brought
             to
             His
             Majesty
             against
             his
             Injustice
             ,
             for
             he
             hath
             done
             all
             that
             tothis
             people
             :
             now
             an
             ill
             intent
             may
             make
             that
             ill
             which
             in
             it self
             otherwise
             will
             not
             be
             ill
             ;
             and
             he
             besought
             their
             Lordships
             to
             take
             this
             into
             consideration
             ,
             what
             a
             miserable
             condition
             the
             Subjects
             of
             Ireland
             are
             in
             ,
             when
             there
             are
             never
             so
             great
             grievances
             laid
             on
             them
             ,
             yet
             they
             cannot
             complain
             ,
             and
             no
             complaint
             can
             be
             received
             ,
             unless
             he
             that
             oppresses
             them
             ,
             gives
             them
             leave
             so
             to
             do
             ,
             and
             when
             their
             oppressions
             ri●
             so
             high
             ,
             when
             shall
             he
             give
             them
             leave
             ?
          
           
             My
             Lord
             ▪
             of
             〈◊〉
             says
             ,
             Thousands
             have
             come
             ,
             yea
             many
             he
             is
             sure
             ,
             that
             have
             not
             been
             punished
             nor
             questioned
             .
             Whence
             Mr.
             Maynard
             observed
             .
             That
             it
             is
             ill
             ▪
             l●k
             that
             the
             oppressed
             are
             always
             punished
             ,
             others
             may
             
             go
             without
             punishment
             ;
             but
             it
             falls
             out
             unhappily
             ,
             That
             they
             that
             have
             Complaints
             against
             him
             ,
             are
             the
             men
             that
             are
             restrained
             ,
             and
             it
             may
             not
             be
             thought
             that
             they
             will
             bear
             a
             Complaint
             sometimes
             ,
             that
             they
             may
             seek
             a
             better
             opportunity
             ,
             when
             they
             shall
             see
             such
             examples
             ;
             that
             is
             ,
             one
             Fined
             for
             exhibiting
             a
             Petition
             ,
             and
             saying
             ,
             that
             is
             untrue
             ;
             when
             against
             another
             ,
             an
             Information
             that
             hath
             laid
             dead
             halfe
             a
             year
             ,
             shall
             be
             quickened
             upon
             that
             occasion
             ,
             and
             they
             must
             be
             punished
             more
             ,
             that
             are
             more
             oppressed
             ,
             as
             in
             the
             Case
             of
             my
             Lord
             of
             Esmond
             .
          
           
             And
             whereas
             my
             Lord
             of
             Strafford
             says
             ,
             he
             never
             punished
             any
             ,
             where
             there
             was
             Complaint
             before
             .
             Mr.
             Maynard
             besought
             their
             Lordships
             to
             observe
             ,
             that
             it
             is
             point
             blank
             contrary
             to
             the
             Evidence
             ,
             and
             Oath
             before
             their
             Lordships
             ;
             for
             in
             that
             particular
             Case
             of
             Mac-Carty
             ,
             there
             were
             two
             Dismissions
             :
             It
             is
             true
             ,
             the
             Merits
             of
             the
             Causes
             are
             not
             proper
             to
             be
             offered
             ,
             but
             there
             is
             cause
             to
             take
             Confidence
             ,
             that
             where
             it
             is
             called
             a
             fraud
             on
             
             Mac-Carty's
             part
             ,
             when
             it
             is
             examined
             ,
             it
             will
             be
             a
             very
             heavy
             oppression
             .
          
           
             And
             whereas
             it
             hath
             been
             said
             by
             way
             of
             Justification
             (
             mitigation
             at
             least
             )
             that
             there
             hath
             been
             no
             Fees
             taken
             for
             Licences
             ,
             but
             such
             as
             were
             given
             voluntarily
             ,
             except
             in
             case
             of
             Officers
             of
             the
             State
             ,
             or
             the
             Army
             ;
             proof
             was
             offered
             ,
             that
             Mr.
             Little
             that
             takes
             on
             him
             to
             swear
             for
             himself
             or
             his
             fellows
             ,
             tho
             he
             did
             not
             know
             whether
             it
             were
             or
             no
             ,
             hath
             denyed
             Licence
             without
             Fees
             ;
             and
             that
             certain
             Fees
             were
             demanded
             ,
             shall
             be
             made
             appear
             .
          
           
             Whereupon
             
               Richard
               Wade
            
             being
             Interrogated
             ,
             whether
             Fees
             were
             
             not
             demanded
             by
             the
             Secretaries
             ,
             for
             Licences
             of
             mens
             passage
             into
             England
             ,
             and
             what
             Fees
             ?
          
           
             He
             Answered
             ,
             That
             for
             Fees
             for
             my
             Lord
             of
             
             Esmond's
             Licence
             ,
             he
             was
             demanded
             24
             or
             25
             s.
             
          
           
             
               Patrick
               Gough
            
             being
             asked
             to
             that
             point
             .
             
          
           
             He
             Answered
             ,
             That
             he
             remembers
             he
             hath
             taken
             Licences
             twice
             or
             thrice
             for
             my
             Lord
             Viscount
             Mountgomery
             ,
             and
             for
             every
             one
             of
             them
             paid
             25
             s.
             and
             for
             three
             of
             his
             servants
             25
             s.
             and
             that
             those
             were
             demanded
             ,
             for
             he
             (
             the
             Deponent
             )
             would
             have
             given
             less
             if
             they
             would
             have
             taken
             less
             ,
             and
             that
             these
             were
             demanded
             by
             Secretary
             Littles
             Servants
             .
          
           
             Mr.
             Glyn
             desired
             one
             word
             more
             ,
             and
             the
             rather
             ,
             said
             he
             ,
             because
             it
             
             seems
             my
             Lord
             of
             Strafford
             slights
             this
             Article
             ,
             which
             is
             the
             most
             proved
             ,
             and
             the
             least
             answer'd
             of
             any
             yet
             heard
             ,
             their
             Lordships
             may
             observe
             what
             is
             laid
             to
             his
             charge
             ,
             the
             subverting
             of
             Laws
             ,
             and
             the
             introducing
             of
             a
             Tyrannical
             Government
             .
             And
             before
             he
             goes
             about
             his
             work
             ,
             he
             puts
             off
             all
             means
             of
             redress
             beforehand
             ;
             that
             if
             he
             give
             any
             occasion
             of
             offence
             ,
             he
             that
             is
             offended
             ,
             shall
             not
             possibly
             have
             remedy
             .
             His
             justification
             is
             ,
             because
             of
             that
             great
             danger
             that
             may
             ensue
             ,
             for
             they
             may
             joyn
             with
             Rebels
             ,
             but
             that
             's
             a
             pretence
             ;
             Indeed
             he
             used
             that
             Argument
             when
             he
             moved
             it
             to
             His
             Majesty
             ;
             but
             it
             was
             ,
             that
             they
             might
             not
             come
             over
             to
             make
             complaints
             .
          
           
           
             That
             his
             Propositions
             were
             made
             ,
             and
             entred
             at
             the
             Council-Table
             ,
             here
             he
             aggravates
             his
             offence
             ,
             and
             Mr
             ,
             Glyn
             did
             thus
             illustrate
             it
             ;
             That
             if
             a
             man
             come
             to
             him
             ,
             and
             desire
             leave
             to
             lye
             in
             his
             House
             ,
             if
             he
             gives
             the
             party
             leave
             ,
             and
             he
             by
             that
             means
             takes
             occasion
             to
             betray
             him
             ,
             or
             to
             commit
             Felony
             ,
             or
             steal
             his
             Goods
             ,
             That
             leave
             was
             well
             given
             ,
             but
             it
             aggravates
             the
             others
             offence
             ,
             when
             he
             doth
             mischief
             to
             him
             that
             lodged
             him
             .
          
           
             So
             my
             Lord
             of
             
             Strafford's
             Proposition
             was
             fair
             ,
             but
             if
             their
             Lordships
             observe
             the
             subsequence
             of
             it
             ,
             that
             he
             might
             exercise
             his
             Power
             ,
             and
             leave
             the
             Subject
             without
             means
             of
             redress
             ,
             but
             they
             must
             come
             to
             himself
             for
             it
             .
             Mr
             Glyn
             further
             said
             ,
             he
             thinks
             ,
             had
             he
             suffered
             under
             his
             hands
             after
             the
             example
             of
             my
             Lord
             Mountnorris
             ,
             he
             should
             be
             loth
             to
             say
             to
             his
             face
             ,
             he
             would
             complain
             .
          
           
             An
             Act
             of
             Parliament
             he
             produces
             for
             his
             Justification
             ,
             which
             is
             plainly
             against
             him
             ,
             for
             it
             shews
             there
             were
             some
             that
             held
             Lands
             there
             by
             tenure
             ,
             and
             if
             they
             were
             not
             resident
             they
             forfeited
             ;
             Then
             comes
             the
             Act
             and
             says
             ,
             That
             those
             whom
             the
             King
             commands
             to
             be
             absent
             ,
             they
             shall
             not
             forfeit
             ,
             which
             shows
             they
             had
             a
             personal
             Power
             without
             Licence
             ;
             so
             that
             the
             very
             Law
             produced
             ,
             is
             expresly
             against
             him
             ,
             and
             there
             Lordships
             may
             see
             by
             his
             own
             Proposition
             ,
             the
             occasion
             of
             his
             introducing
             this
             Letter
             .
             And
             Mr.
             Glyn
             concluded
             ,
             That
             he
             supposes
             that
             my
             Lord
             of
             Strafford
             hath
             made
             no
             answer
             to
             that
             .
          
           
             
               And
               so
               the
            
             16
             th
             Article
             
               was
               finished
               ,
               and
               the
            
             17
             th
             and
             18
             th
             
               being
               for
               the
               present
               set
               aside
               ,
               the
               Committee
               that
               managed
               the
               Evidence
               ,
               proceeded
               to
               the
            
             19
             th
             Article
             .
          
           
           
           
             THE
             Nineteenth
             Article
             .
             
               The
               Charge
            
             .
          
           
             19.
             
             That
             the
             said
             Earl
             having
             Taxed
             and
             Levied
             the
             said
             Impositions
             ,
             
             and
             raised
             the
             said
             Monopolies
             ,
             and
             committed
             the
             said
             other
             Oppressions
             in
             His
             Majesties
             Name
             ,
             and
             as
             by
             His
             Majesties
             Royal
             Command
             ;
             He
             the
             said
             Earl
             in
             May
             ,
             the
             15th
             year
             of
             His
             Majesties
             Reign
             ,
             did
             of
             his
             own
             authority
             ,
             contrive
             and
             frame
             a
             new
             and
             unusual
             Oath
             ,
             by
             the
             purport
             whereof
             among
             many
             other
             things
             ,
             the
             party
             taking
             the
             said
             Oath
             ,
             was
             to
             swear
             ,
             that
             he
             should
             not
             protest
             against
             any
             of
             His
             Majesties
             Royal
             Commands
             ,
             but
             submit
             himself
             in
             all
             Obedience
             thereunto
             ;
             which
             Oath
             he
             so
             contriv'd
             to
             enforce
             the
             same
             on
             the
             Subjects
             of
             the
             Scotish
             Nation
             ,
             inhabiting
             in
             Ireland
             ,
             and
             out
             of
             a
             hatred
             to
             the
             said
             Nation
             ,
             and
             to
             put
             them
             to
             a
             discontent
             with
             His
             Majesty
             ,
             and
             His
             Government
             there
             ,
             and
             compelled
             divers
             of
             His
             Majesties
             said
             Subjects
             there
             ,
             to
             take
             the
             said
             Oath
             ,
             a
             gainst
             their
             Wills
             ,
             and
             of
             such
             as
             refused
             to
             take
             the
             said
             Oath
             ,
             some
             he
             grievously
             Fined
             and
             Imprisoned
             ,
             and
             others
             he
             destroyed
             and
             exiled
             ;
             and
             namely
             the
             10th
             of
             
               October
               ,
               Ann.
               Dom.
            
             1639.
             
             He
             Fined
             
               Henry
               Steward
            
             and
             his
             Wife
             ,
             who
             refused
             to
             take
             the
             said
             Oath
             ,
             5000
             pounds
             apiece
             ;
             and
             their
             two
             Daughters
             ,
             and
             
               James
               Gray
            
             ,
             3000
             pounds
             apiece
             ,
             and
             imprisoned
             them
             for
             not
             paying
             the
             said
             Fines
             .
             The
             said
             
               Henry
               Steward
            
             ,
             his
             Wife
             and
             Daughters
             ,
             and
             
               James
               Gray
            
             ,
             being
             the
             Kings
             Liege
             people
             of
             the
             Scotish
             Nation
             ,
             and
             divers
             others
             he
             used
             in
             like
             manner
             ;
             and
             the
             said
             Earl
             upon
             that
             occasion
             did
             declare
             ,
             that
             the
             said
             Oath
             did
             not
             only
             oblige
             them
             in
             point
             of
             Allegiance
             to
             His
             Majesty
             ,
             and
             acknowledgement
             of
             his
             Supremacy
             only
             ,
             but
             to
             the
             Ceremonies
             and
             Government
             of
             the
             Church
             established
             ,
             and
             to
             be
             established
             by
             His
             Majesties
             Royal
             Authority
             ;
             and
             said
             ,
             That
             the
             refusers
             to
             obey
             ,
             he
             would
             prosecute
             to
             the
             Blood.
             
          
           
           
             
               Mr.
               Whitlock
            
             proceeded
             to
             open
             the
             
               19th
               Article
            
             ,
             setting
             forth
             in
             substance
             as
             followeth
             .
          
           
             THAT
             the
             next
             Article
             in
             which
             they
             shall
             proceed
             ,
             to
             make
             good
             the
             Impeachment
             of
             all
             the
             Commons
             of
             England
             against
             my
             Lord
             of
             Strafford
             is
             the
             19th
             Article
             .
          
           
             That
             their
             Lordships
             have
             heard
             his
             demeanor
             to
             the
             Subjects
             of
             the
             Irish
             Nation
             ;
             what
             power
             he
             exercised
             over
             their
             Liberties
             ,
             their
             Properties
             ,
             their
             Lives
             .
          
           
             That
             he
             used
             His
             Majesties
             Subjects
             of
             Scotland
             in
             the
             same
             manner
             ,
             exercising
             an
             unlawful
             power
             over
             their
             consciences
             ,
             by
             imposing
             a
             new
             and
             unlawful
             Oath
             on
             such
             of
             them
             as
             lived
             in
             Ireland
             .
          
           
             That
             the
             Kings
             Subjects
             of
             the
             Scotish
             Nation
             ,
             have
             the
             same
             benefit
             of
             protection
             from
             His
             Majesty
             and
             His
             Laws
             ,
             as
             his
             other
             Subjects
             have
             ;
             since
             they
             are
             bound
             to
             the
             same
             Allegiance
             ,
             to
             the
             same
             Obedience
             ,
             and
             therefore
             what
             ought
             not
             to
             be
             done
             to
             any
             other
             of
             the
             King's
             Subjects
             ,
             ought
             not
             to
             be
             done
             to
             them
             .
          
           
             That
             a
             new
             Oath
             cannot
             be
             imposed
             ,
             without
             Assent
             of
             a
             Parliament
             yet
             my
             Lord
             of
             Strafford
             is
             pleased
             to
             enjoyn
             this
             Oath
             ,
             to
             contrive
             it
             ,
             to
             threaten
             them
             that
             desired
             to
             consider
             of
             it
             ;
             he
             sends
             forth
             Commissions
             ,
             to
             the
             Gentry
             in
             the
             Countrey
             to
             tender
             it
             ,
             and
             such
             as
             refused
             were
             brought
             up
             by
             Pursivants
             and
             Officers
             to
             Dublin
             ,
             and
             committed
             to
             Prison
             ,
             and
             divers
             of
             them
             ,
             rather
             than
             they
             would
             take
             this
             Oath
             ,
             were
             fain
             to
             forsake
             their
             Families
             ,
             their
             Estates
             ,
             and
             Lands
             ,
             and
             fly
             away
             ,
             and
             were
             exiled
             the
             Kingdom
             .
          
           
             That
             the
             Charge
             ,
             particularly
             mentioning
             the
             sentencing
             of
             
               Henry
               Stuart
            
             his
             Wife
             ,
             and
             two
             Daughters
             ,
             and
             one
             
               Iames
               Gray
            
             ,
             above
             the
             age
             of
             16.
             who
             for
             refusing
             this
             Oath
             ,
             were
             Fined
             ,
             Stuart
             himself
             5000
             l.
             his
             Wife
             3000
             l.
             his
             Daughters
             3000
             l.
             apiece
             ,
             and
             
               Iames
               Gray
            
             as
             much
             ;
             and
             in
             their
             Sentence
             my
             Lord
             was
             pleased
             to
             declare
             himself
             so
             bitter
             against
             that
             Nation
             ,
             and
             so
             much
             resolved
             ,
             that
             this
             Oath
             should
             be
             taken
             by
             all
             of
             them
             (
             though
             against
             Law
             )
             That
             he
             publiquely
             said
             ,
             That
             those
             who
             refused
             to
             take
             the
             Oath
             ,
             he
             would
             prosecute
             to
             the
             Blood.
             
          
           
             That
             the
             Scotch
             Nation
             were
             Rebels
             and
             Traitors
             ,
             and
             that
             if
             His
             Majesty
             should
             please
             to
             send
             him
             back
             to
             the
             Government
             of
             Ireland
             (
             he
             being
             then
             to
             come
             into
             England
             )
             he
             would
             root
             out
             the
             Scotish
             Nation
             root
             and
             Branch
             .
             And
             further
             ,
             did
             declare
             ,
             That
             this
             Oath
             thus
             enjoyned
             ,
             did
             bind
             to
             the
             Ceremonies
             of
             the
             Church
             ,
             not
             only
             those
             that
             were
             establish'd
             ,
             but
             such
             as
             were
             to
             be
             established
             :
             so
             that
             the
             Oath
             had
             some
             affinity
             with
             the
             Oath
             in
             this
             Kingdom
             ,
             not
             long
             since
             .
          
           
             Sir
             
               Iames
               Mountgomery
            
             being
             Interrogated
             ,
             what
             he
             knew
             concerning
             the
             contriving
             and
             imposing
             of
             the
             said
             Oath
             ?
          
           
             He
             Answered
             ,
             That
             he
             was
             very
             unwilling
             to
             give
             any
             Testimony
             in
             this
             particular
             ,
             because
             he
             knows
             there
             is
             a
             Petition
             for
             this
             
             Oath
             ,
             to
             which
             Petition
             his
             hand
             is
             among
             others
             ,
             and
             therefore
             some
             perchance
             ,
             who
             doe
             not
             know
             the
             passage
             of
             the
             business
             ,
             may
             think
             there
             was
             a
             discordance
             ,
             and
             a
             disagreement
             between
             the
             Instrument
             under
             his
             hand
             ,
             and
             the
             Testimony
             he
             must
             give
             ,
             being
             put
             to
             it
             upon
             Oath
             ,
             but
             he
             hopes
             there
             shall
             none
             appear
             when
             he
             hath
             spoken
             .
          
           
             That
             in
             April
             (
             as
             he
             remembers
             )
             1639.
             
             My
             Lord-Lieutenant
             ,
             then
             Lord-Deputy
             ,
             did
             write
             down
             Letters
             to
             the
             most
             part
             of
             all
             the
             Noblemen
             and
             Gentlemen
             of
             the
             Scotish
             Nation
             ,
             dwelling
             in
             Ireland
             ,
             (
             in
             the
             Province
             of
             Ulster
             especially
             )
             amongst
             whom
             the
             Deponent
             received
             one
             Letter
             himself
             ,
             and
             he
             was
             required
             by
             that
             Letter
             (
             as
             the
             rest
             ,
             whose
             Letters
             were
             to
             one
             effect
             )
             to
             repair
             to
             Dublin
             ,
             27
             April
             as
             he
             remembers
             ,
             that
             his
             Lordship
             might
             confer
             with
             them
             about
             some
             affairs
             ,
             that
             did
             concern
             His
             Majesties
             special
             service
             ,
             and
             therefore
             they
             were
             required
             not
             to
             fail
             to
             be
             there
             that
             day
             .
             That
             thither
             they
             came
             ,
             and
             being
             come
             ,
             my
             Lord
             Viscount
             Mountgomery
             being
             not
             well
             in
             his
             health
             ,
             having
             got
             a
             cold
             in
             his
             journey
             ,
             the
             said
             Lord
             Viscount
             sent
             to
             excuse
             himself
             to
             my
             Lord
             Deputy
             ,
             that
             he
             was
             not
             able
             to
             come
             abroad
             for
             a
             day
             or
             two
             ;
             and
             my
             Lord
             Deputy
             sent
             him
             word
             he
             would
             come
             to
             his
             Lodging
             ,
             and
             gave
             warning
             to
             the
             rest
             of
             the
             Gent.
             to
             meet
             his
             Lordship
             there
             the
             next
             day
             at
             two
             of
             the
             clock
             ;
             that
             there
             they
             did
             all
             come
             ,
             and
             there
             were
             the
             Bishops
             of
             Down
             and
             Raffo
             ,
             and
             some
             others
             of
             the
             Clergy
             ;
             And
             being
             met
             ,
             my
             Lord
             Deputy
             came
             thither
             and
             told
             them
             ,
             he
             was
             there
             as
             their
             friend
             ,
             to
             acquaint
             them
             with
             some
             things
             that
             did
             much
             concern
             them
             ,
             and
             to
             give
             them
             his
             advice
             ;
             He
             did
             then
             tell
             them
             of
             great
             disorders
             in
             Scotland
             ,
             of
             great
             jealousies
             raised
             against
             them
             ,
             and
             that
             they
             who
             were
             present
             ,
             might
             possibly
             be
             favourers
             ,
             or
             furtherers
             of
             those
             distempers
             ;
             but
             he
             added
             ,
             that
             he
             hoped
             better
             of
             them
             :
             however
             ,
             that
             it
             behoved
             them
             to
             do
             something
             to
             vindicate
             themselves
             from
             this
             aspersion
             ;
             and
             that
             they
             should
             offer
             it
             freely
             of
             themselves
             ,
             and
             not
             stay
             till
             it
             were
             imposed
             by
             Authority
             .
             That
             he
             did
             insist
             further
             in
             his
             Speech
             ,
             and
             insinuated
             to
             them
             ,
             what
             was
             expected
             they
             should
             do
             ,
             and
             that
             they
             should
             be
             suitors
             for
             it
             .
             That
             an
             Oath
             was
             expected
             according
             to
             the
             example
             of
             Scotland
             ,
             as
             they
             had
             there
             joyned
             in
             a
             Covenant
             .
          
           
             To
             this
             purpose
             he
             did
             deliver
             himself
             .
          
           
             That
             when
             his
             Lordship
             had
             ended
             ,
             the
             Bishops
             of
             Raffo
             and
             Down
             ,
             one
             seconding
             the
             other
             ,
             gave
             his
             Lordship
             thanks
             for
             his
             Lordships
             favour
             to
             them
             ,
             and
             told
             his
             Lordship
             ,
             that
             as
             those
             in
             Scotland
             had
             joyned
             together
             ,
             and
             conspired
             by
             an
             unlawful
             Oath
             ,
             so
             they
             here
             would
             joyn
             in
             a
             lawful
             oath
             in
             opposition
             to
             that
             ,
             and
             would
             petition
             for
             it
             to
             his
             Lordship
             .
             It
             was
             seconded
             by
             the
             Bishop
             of
             Down
             ,
             and
             some
             others
             of
             the
             Clergy
             there
             ,
             little
             being
             spoken
             by
             others
             .
             That
             the
             Bishop
             of
             Down
             desired
             he
             might
             draw
             it
             ,
             but
             the
             Lord-Deputy
             put
             it
             on
             the
             Bishop
             of
             Raffo
             .
             That
             some
             of
             them
             thought
             it
             a
             little
             too
             hasty
             ,
             and
             when
             my
             Lord
             was
             risen
             up
             he
             (
             the
             Deponent
             )
             took
             
             on
             him
             to
             speak
             to
             his
             Lordship
             ,
             and
             told
             him
             ,
             the
             things
             spoken
             of
             there
             ,
             were
             not
             charged
             against
             the
             Nation
             ,
             but
             against
             the
             Covenanters
             in
             Scotland
             ,
             and
             did
             not
             concern
             themselves
             :
             and
             therefore
             thought
             ,
             under
             favour
             ,
             that
             it
             should
             not
             be
             amiss
             to
             think
             what
             they
             should
             doe
             ,
             before
             they
             appointed
             a
             man
             to
             draw
             a
             Petition
             ,
             or
             to
             this
             effect
             .
          
           
             That
             his
             Lordship
             was
             pleased
             to
             turn
             towards
             him
             something
             in
             choler
             ,
             and
             to
             tell
             him
             ;
             Sir
             
               Iames
               Mountgomery
               ,
               you
               may
               go
               home
               and
               petition
               or
               not
               petition
               if
               you
               will
               ,
               but
               if
               you
               do
               not
               ,
               or
               who
               doth
               not
               ,
            
             or
             to
             this
             effect
             ,
             
               shall
               do
               worse
            
             .
             That
             they
             seeing
             his
             Lordship
             had
             resolved
             it
             should
             be
             so
             ,
             there
             was
             no
             more
             said
             ;
             The
             Bishop
             of
             Raffo
             went
             with
             the
             Petition
             in
             his
             hand
             to
             some
             of
             them
             ,
             being
             desirous
             to
             see
             it
             ,
             to
             contribute
             their
             advice
             to
             them
             ,
             and
             somewhat
             suspecting
             this
             Train
             of
             the
             Gentry
             ,
             that
             night
             again
             the
             said
             Bishop
             met
             with
             my
             Lord
             Mountgomery
             ,
             Sir
             
               William
               Stuart
            
             ,
             Sir
             
               Iames
               Craig
            
             and
             himself
             ,
             (
             the
             Deputy
             )
             and
             brought
             two
             draughts
             of
             Petitions
             :
             the
             one
             indeed
             was
             down
             right
             railing
             ,
             the
             other
             not
             very
             mild
             he
             thinks
             :
             howsoever
             ,
             they
             did
             desire
             to
             have
             qualified
             it
             something
             in
             words
             ;
             but
             the
             Bishop
             told
             them
             ,
             it
             was
             already
             so
             cold
             ,
             he
             was
             ashamed
             of
             it
             ,
             and
             could
             not
             engross
             it
             ,
             till
             he
             had
             shewed
             it
             my
             Lord
             Deputy
             ,
             to
             know
             whether
             he
             would
             accept
             of
             it
             ;
             The
             next
             morning
             some
             of
             them
             saw
             it
             with
             him
             ,
             and
             took
             exception
             at
             some
             bitter
             words
             that
             were
             in
             it
             ;
             and
             the
             Bishop
             said
             it
             was
             not
             to
             be
             disputed
             ,
             for
             my
             Lord
             Deputy
             had
             seen
             it
             ,
             and
             it
             was
             done
             with
             his
             good
             liking
             .
             After
             that
             it
             was
             engrossed
             ,
             they
             met
             to
             have
             Signed
             it
             ,
             and
             some
             took
             exceptions
             ,
             that
             there
             was
             too
             great
             a
             latitude
             in
             it
             ,
             and
             desired
             it
             might
             be
             entred
             ,
             
               That
               they
               should
               be
               in
               the
               case
               with
               other
               His
               Majesties
               Subjects
            
             ;
             but
             the
             Bishop
             said
             ,
             he
             could
             alter
             nothing
             ,
             without
             my
             Lord-Lieutenants
             knowledge
             ,
             and
             he
             would
             go
             to
             my
             Lord
             with
             it
             ,
             and
             to
             my
             Lord
             Mountgomery
             ;
             They
             intreated
             to
             go
             along
             with
             him
             ,
             and
             my
             Lord
             was
             willing
             these
             words
             should
             be
             added
             ,
             
               That
               it
               should
               be
               in
               equal
               manner
               and
               measure
               with
               other
               His
               Majesties
               Subjects
            
             ;
             so
             the
             Petition
             was
             ingrossed
             ,
             and
             signed
             ,
             and
             was
             afterwards
             delivered
             to
             his
             Lordship
             :
             That
             then
             my
             Lord
             Deputy
             desired
             them
             ,
             to
             appoint
             five
             or
             six
             of
             their
             number
             to
             wait
             on
             his
             Lordship
             ,
             and
             some
             of
             the
             Council
             the
             next
             morning
             ,
             to
             confer
             concerning
             the
             Oath
             ,
             and
             they
             made
             choice
             of
             six
             ,
             the
             Lord
             
               Mountgomery
               ,
               —
               Stuart
            
             ,
             and
             these
             two
             Bishops
             ,
             Sir
             
               William
               Stuart
            
             ,
             and
             himself
             the
             Deponent
             ;
             when
             they
             came
             ,
             his
             Lordship
             caused
             the
             Clerk
             of
             the
             Council
             to
             read
             the
             Oath
             that
             was
             to
             be
             Administred
             ;
             and
             some
             other
             debates
             they
             had
             ,
             some
             offered
             some
             motions
             ,
             to
             his
             Lordship
             for
             some
             words
             ,
             by
             way
             of
             explanation
             ;
             as
             that
             they
             should
             not
             protest
             against
             any
             of
             His
             Majesties
             Royal
             Commands
             ,
             and
             it
             was
             desired
             it
             might
             be
             explained
             ,
             
               By
               just
               Commands
               ,
               or
               Commands
               according
               to
               Law.
            
             My
             Lord
             did
             then
             tell
             them
             ,
             they
             were
             not
             to
             expect
             any
             other
             Commands
             from
             His
             Majesty
             ;
             the
             Oath
             was
             for
             no
             other
             intent
             ,
             and
             needed
             no
             alteration
             .
             The
             Bishop
             of
             Raffo
             would
             have
             had
             more
             added
             ,
             saying
             ,
             The
             Oath
             was
             so
             mean
             ,
             he
             would
             not
             come
             from
             his
             house
             to
             take
             it
             ;
             and
             so
             my
             Lord
             Deputy
             told
             him
             ,
             the
             Oath
             had
             been
             well
             consider'd
             of
             ,
             and
             needs
             no
             alteration
             ;
             That
             he
             the
             Bishop
             
             then
             desired
             a
             Copy
             of
             it
             ,
             to
             carry
             to
             the
             Gentlemen
             that
             were
             not
             present
             ,
             and
             were
             waiting
             for
             them
             at
             my
             Lord
             Mountgomeries
             lodging
             .
             His
             Lordship
             was
             pleased
             to
             deny
             that
             ,
             but
             would
             send
             the
             Clerk
             of
             the
             Council
             ,
             who
             should
             bring
             the
             Oath
             and
             Read
             it
             ,
             and
             bring
             it
             back
             again
             ,
             and
             he
             did
             so
             .
          
           
             After
             this
             ,
             the
             next
             day
             ,
             or
             that
             afternoon
             ,
             they
             were
             appointed
             to
             come
             to
             the
             Council-Board
             ,
             and
             have
             the
             Oath
             Administred
             ;
             That
             here
             they
             came
             ,
             and
             my
             Lord
             himself
             was
             pleased
             to
             Administer
             the
             Oath
             to
             every
             one
             of
             us
             ,
             two
             by
             two
             ,
             or
             three
             by
             three
             .
             And
             this
             was
             the
             manner
             of
             Administring
             it
             .
          
           
             Being
             Interrogated
             ,
             Whether
             they
             knew
             the
             occasion
             of
             their
             being
             sent
             for
             ?
          
           
             He
             Answered
             ;
             They
             knew
             not
             for
             what
             cause
             ,
             nor
             heard
             any
             thing
             of
             it
             .
          
           
             Being
             Asked
             ,
             If
             he
             knew
             what
             Scotchmen
             were
             those
             that
             left
             the
             Kingdom
             ,
             because
             they
             would
             not
             take
             this
             Oath
             ?
          
           
             He
             Answered
             ,
             That
             (
             soon
             after
             they
             were
             dismissed
             in
             May
             )
             Commissions
             came
             into
             the
             Countrey
             to
             certain
             Commissioners
             ,
             for
             Administring
             the
             Oath
             ,
             to
             all
             of
             that
             Nation
             ,
             above
             the
             Age
             of
             Sixteen
             ;
             and
             ,
             he
             believes
             (
             whether
             by
             the
             main
             Commission
             ,
             or
             private
             Instructions
             ,
             he
             cannot
             tell
             )
             That
             it
             was
             ordered
             ,
             it
             should
             be
             Administred
             ,
             both
             to
             Men
             and
             Women
             above
             that
             Age
             :
             And
             ,
             they
             were
             all
             called
             at
             certain
             dayes
             by
             the
             Commissioners
             ;
             some
             were
             scrupulous
             ,
             and
             thought
             in
             their
             Consciences
             ,
             they
             could
             not
             take
             it
             ;
             others
             ,
             that
             were
             satisfied
             in
             their
             Consciences
             ,
             did
             take
             it
             ;
             and
             those
             that
             did
             not
             take
             it
             ,
             the
             Commissioners
             were
             required
             to
             certifie
             their
             Names
             ,
             and
             Places
             of
             Residence
             ,
             to
             my
             Lord
             Deputy
             and
             Council
             ,
             that
             they
             might
             be
             proceeded
             against
             ,
             as
             Contemners
             of
             His
             Majesties
             Royal
             Authority
             ,
             according
             to
             the
             Proclamation
             ,
             and
             Commission
             .
          
           
             After
             the
             Proclamation
             had
             called
             them
             ,
             some
             did
             appear
             ,
             and
             they
             that
             did
             not
             ,
             their
             names
             were
             certified
             ,
             and
             afterward
             Pursivants
             issued
             to
             apprehend
             them
             that
             did
             not
             appear
             ,
             or
             them
             ,
             who
             on
             appearing
             ,
             did
             refuse
             .
             He
             knows
             of
             many
             that
             fled
             away
             into
             Scotland
             ,
             and
             very
             many
             that
             fled
             up
             and
             down
             in
             the
             Country
             ,
             and
             many
             were
             apprehended
             by
             the
             Pursivants
             ,
             and
             carried
             up
             ,
             and
             some
             he
             thinks
             were
             Censured
             .
          
           
             Being
             Asked
             ,
             Whether
             they
             left
             their
             Corn
             on
             the
             Ground
             ,
             and
             Goods
             in
             their
             Houses
             ?
          
           
             He
             Answered
             ,
             That
             they
             did
             .
          
           
             Being
             Asked
             ,
             Whether
             any
             Papists
             of
             the
             Scotish
             Nation
             were
             sent
             for
             by
             Letter
             ,
             or
             had
             the
             Oath
             tendered
             ?
          
           
             He
             Answered
             ,
             None
             of
             them
             that
             he
             could
             hear
             :
             and
             the
             Oath
             was
             not
             Administred
             to
             any
             of
             them
             ,
             neither
             were
             they
             called
             .
          
           
           
             Being
             Asked
             ,
             If
             there
             were
             not
             diverse
             Scotish
             Papists
             there
             ?
          
           
             He
             Answered
             ,
             Yes
             ;
             diverse
             Gentlemen
             of
             good
             Quality
             :
             and
             he
             named
             some
             of
             them
             ,
             viz.
             Sir
             
               William
               Hamilton
            
             ,
             &c.
             
          
           
             Being
             Asked
             (
             on
             the
             Earl
             of
             Clares
             motion
             )
             Whether
             the
             Refusers
             fled
             into
             any
             part
             of
             Scotland
             ?
          
           
             He
             Answered
             ,
             In
             Truth
             not
             ,
             to
             his
             knowledge
             ;
             but
             they
             fled
             out
             of
             the
             Kingdom
             of
             Ireland
             .
          
           
             The
             Oath
             was
             next
             Read
             ,
             viz.
             
          
           
             IN.
             
               do
               faithfully
               Swear
               ,
               Profess
               ,
               and
               Promise
               ,
               that
               I
               will
               Honor
               and
               Obey
               my
               Sovereign
               Lord
               King
            
             CHARLES
             ,
             
               and
               will
               bear
               Faith
               and
               true
               Allegiance
               to
               Him
               ,
               and
               will
               defend
               and
               maintain
               His
               Regal
               Power
               and
               Authority
               ;
               and
               that
               I
               will
               not
               bear
               Arms
               nor
               do
               any
               Rebellious
               or
               Hostile
               Act
               against
               Him
               ,
               or
               Protest
               against
               any
               His
               Royal
               Commands
               ,
               but
               submit
               my self
               in
               all
               due
               obedience
               hereunto
               :
               and
               ,
               that
               I
               will
               not
               enter
               into
               any
               Covenant
               ,
               Oath
               ,
               or
               Bond
               of
               Mutual
               Defence
               ,
               or
               Assistance
               ,
               against
               all
               sorts
               of
               persons
               whatsoever
               ;
               or
               into
               any
               Oath
               ,
               Covenant
               ,
               or
               Mutual
               Defence
               ,
               or
               Assistance
               against
               any
               person
               whatsoever
               ,
               by
               Force
               ,
               without
               His
               Majesties
               Soveraign
               and
               Regal
               Authority
               .
               And
               I
               do
               renounce
               all
               Covenants
               ,
               contrary
               to
               what
               I
               have
               Sworn
               and
               Promised
               .
               So
               help
               me
               God
               in
            
             Christ
             Jesus
             .
          
           
             Whence
             Mr.
             Maynard
             observed
             ,
             from
             these
             words
             ,
             
               That
               they
               shall
               not
            
             
             
               Protest
               against
               any
               of
               His
               Majesties
               Royal
               Commands
               .
            
             That
             he
             believed
             all
             men
             were
             satisfied
             ,
             that
             His
             Majesty
             never
             did
             ,
             nor
             will
             Command
             any
             thing
             unlawful
             ,
             but
             what
             a
             subordinate
             Minister
             may
             command
             in
             His
             Majesties
             Name
             ,
             and
             publish
             ,
             as
             His
             Command
             ,
             in
             Ireland
             ,
             their
             Lordships
             have
             heard
             enough
             of
             ,
             and
             that
             may
             make
             them
             tender
             to
             take
             the
             Oath
             ;
             besides
             ,
             the
             Oath
             being
             new
             ,
             it
             is
             conceived
             to
             be
             against
             Law.
             
          
           
             Mr.
             Maxwell
             being
             Sworn
             ,
             and
             Interrogated
             ,
             In
             what
             manner
             were
             
             Gentlemen
             sent
             for
             to
             Dublin
             about
             this
             matter
             ?
             And
             what
             he
             knew
             in
             particular
             about
             it
             ?
          
           
             He
             Answered
             ,
             That
             he
             was
             one
             that
             received
             a
             Letter
             from
             my
             Lord
             Lieutenant
             upon
             that
             account
             ;
             and
             that
             he
             ,
             as
             well
             as
             the
             rest
             ,
             were
             required
             to
             be
             all
             at
             Dublin
             at
             a
             certain
             day
             ;
             and
             ,
             being
             there
             ,
             and
             my
             Lord
             Mountgomery
             being
             a
             little
             sick
             ,
             and
             not
             able
             to
             go
             abroad
             ,
             desired
             their
             excuse
             for
             a
             day
             or
             two
             .
             My
             Lord
             Deputy
             was
             pleased
             to
             give
             Command
             ,
             that
             all
             that
             were
             writen
             for
             ,
             might
             be
             at
             my
             Lord
             Mountgomeries
             lodging
             :
             And
             ,
             at
             the
             time
             appointed
             ,
             my
             Lord
             Lieutenant
             came
             ,
             and
             at
             his
             coming
             he
             called
             them
             together
             ,
             and
             showed
             the
             Dissenters
             in
             Scotland
             ,
             and
             desired
             that
             they
             would
             show
             themselves
             Faithful
             and
             Loyal
             Subjects
             to
             their
             Master
             ;
             and
             ,
             that
             it
             behoved
             them
             ,
             as
             their
             own
             desire
             ,
             to
             Petition
             for
             it
             ;
             whereupon
             my
             Lord
             Bishop
             of
             
               Down
               ,
               R●o
            
             ,
             and
             some
             others
             of
             the
             Clergy
             being
             there
             ,
             did
             second
             my
             Lords
             Speech
             ,
             and
             told
             them
             ,
             That
             as
             they
             Rebelliously
             
             proceeded
             in
             Scotland
             ,
             in
             that
             the
             Scots
             had
             taken
             in
             hand
             against
             the
             King
             ;
             so
             they
             would
             do
             well
             by
             Petition
             ,
             and
             by
             Oath
             to
             his
             Lordship
             and
             the
             Council
             ,
             to
             shew
             their
             willingness
             towards
             their
             Masters
             Service
             :
             So
             my
             Lord
             Lieutenant
             was
             pleased
             to
             take
             hold
             of
             my
             Lord
             Downs
             Speech
             ;
             and
             my
             Lord
             Down
             desired
             ,
             he
             might
             be
             the
             drawer
             of
             the
             Petition
             .
             But
             my
             Lord
             perceiving
             him
             a
             little
             too
             vehement
             ,
             told
             him
             ,
             Smilingly
             ,
             That
             he
             would
             recommend
             that
             to
             the
             Bishop
             of
             Raffo
             :
             So
             the
             Bishop
             of
             Raffo
             was
             appointed
             for
             the
             drawing
             up
             of
             that
             Petition
             .
             The
             next
             day
             they
             desired
             to
             peruse
             the
             Petition
             ,
             before
             it
             went
             to
             my
             Lord
             ;
             and
             ,
             after
             they
             had
             perus'd
             it
             ,
             they
             went
             in
             to
             my
             Lord
             Lieutenant
             with
             it
             ;
             after
             he
             had
             seen
             the
             Petition
             ,
             he
             mended
             something
             in
             it
             ;
             and
             ,
             among
             the
             rest
             ,
             he
             remembers
             ,
             the
             Bishop
             of
             Raffo
             told
             him
             ,
             That
             my
             Lord
             had
             put
             in
             ,
             
               That
               these
               that
               were
               here
               should
               be
               of
               no
               worse
               condition
               ,
               then
               the
               rest
               of
               His
               Majesties
               Subjects
               .
            
             The
             next
             day
             the
             Petition
             was
             Ingrossed
             ,
             and
             Signed
             by
             them
             ,
             and
             presented
             to
             my
             Lord
             Lieutenant
             :
             afterwards
             there
             were
             two
             Noblemen
             ,
             two
             Bishops
             ,
             two
             Gentlemen
             ,
             appointed
             to
             go
             to
             my
             Lord
             concerning
             the
             Oath
             ,
             and
             they
             desired
             a
             Copy
             of
             the
             Oath
             .
             My
             Lord
             Lieutenant
             sent
             Sir
             
               Paul
               Davies
            
             out
             to
             my
             Lord
             Mountgomery
             ,
             and
             it
             was
             Read
             to
             them
             all
             ;
             and
             they
             were
             commanded
             to
             attend
             at
             the
             Council-Table
             ,
             and
             my
             Lord
             gave
             them
             the
             Oath
             .
          
           
             Sir
             
               Hen.
               Spottewood
            
             was
             offered
             a
             further
             Witness
             ,
             but
             their
             Lordships
             being
             satisfied
             with
             what
             was
             formerly
             offered
             ,
             spared
             his
             Examination
             .
          
           
             And
             Mr.
             Whitlock
             observed
             ,
             That
             they
             did
             produce
             these
             Witnesses
             the
             
             rather
             ,
             because
             my
             Lord
             of
             Strafford
             sayes
             ,
             in
             his
             Answer
             ,
             they
             willingly
             came
             to
             Dublin
             ,
             and
             were
             Suitors
             for
             the
             Oath
             .
             Whereas
             my
             Lord
             sent
             for
             them
             ;
             when
             they
             were
             there
             ,
             my
             Lord
             perswaded
             them
             ;
             threatned
             them
             ;
             contrived
             the
             Oath
             himself
             ;
             altered
             the
             Petition
             ;
             appointed
             who
             should
             draw
             it
             ;
             which
             disproves
             what
             is
             in
             his
             Answer
             alleadged
             .
          
           
             To
             prove
             ,
             That
             because
             diverse
             of
             the
             Scotish
             Nation
             were
             tender
             ,
             and
             loth
             to
             take
             the
             Oath
             ,
             or
             submit
             to
             all
             the
             Commands
             of
             my
             Lord
             of
             Strafford
             (
             though
             they
             would
             to
             the
             Kings
             )
             they
             fled
             the
             Kingdom
             ,
             and
             left
             their
             Estates
             .
          
           
             Sir
             
               Iohn
               Clottworthy
            
             being
             examined
             to
             that
             particular
             ;
             
          
           
             Answered
             ,
             That
             he
             could
             speak
             to
             this
             particular
             clearly
             to
             his
             own
             Knowledge
             ;
             for
             then
             my
             Lord
             was
             pleased
             to
             insert
             him
             as
             a
             Commissioner
             in
             the
             said
             Commission
             ,
             and
             he
             was
             there
             sometimes
             ,
             and
             beheld
             the
             Execution
             of
             it
             .
             He
             did
             likewise
             see
             the
             Multitude
             (
             when
             the
             Oath
             was
             generally
             prest
             on
             several
             Commands
             from
             my
             Lord
             Deputy
             to
             enforce
             it
             )
             did
             leave
             their
             Dwellings
             ,
             and
             Habitations
             ,
             their
             Corn
             on
             the
             Ground
             ,
             and
             their
             Cattle
             ,
             and
             fled
             away
             ;
             but
             ,
             whether
             into
             Scotland
             ,
             or
             no
             ,
             
             he
             could
             not
             precisely
             say
             ;
             but
             so
             it
             was
             reported
             :
             but
             ,
             that
             Multitudes
             went
             away
             ,
             he
             knew
             to
             be
             certainly
             true
             .
          
           
             Being
             Interrogated
             ,
             Whether
             my
             Lord
             of
             Strafford
             did
             ,
             by
             his
             Instructions
             ,
             deny
             liberty
             to
             the
             parties
             to
             whom
             it
             was
             tendered
             ,
             to
             peruse
             the
             Oath
             ?
          
           
             He
             Answered
             ,
             That
             he
             cannot
             precisely
             charge
             himself
             with
             it
             ,
             for
             the
             Instructions
             are
             out
             of
             the
             way
             ;
             but
             that
             was
             (
             as
             he
             verily
             remembers
             )
             part
             of
             the
             Instructions
             ,
             That
             they
             should
             have
             the
             Oath
             Read
             over
             to
             them
             ,
             but
             no
             Copies
             delivered
             to
             them
             at
             all
             .
          
           
             Being
             Asked
             (
             on
             my
             Lord
             of
             Straffords
             motion
             )
             Whether
             the
             Commission
             and
             Instructions
             were
             not
             under
             the
             hand
             of
             the
             Council
             ,
             as
             well
             as
             himself
             ?
          
           
             He
             Answered
             ,
             That
             he
             never
             saw
             a
             Commission
             under
             the
             hand
             of
             the
             Deputy
             or
             Council
             ,
             but
             under
             the
             Seal
             ;
             but
             the
             Instructions
             were
             under
             the
             hand
             of
             Deputy
             and
             Council
             .
          
           
             And
             Mr.
             Whitlock
             observed
             ,
             That
             my
             Lord
             of
             Strafford
             drew
             in
             the
             
             rest
             to
             himself
             .
          
           
             Mr.
             Whitlock
             then
             proceeded
             to
             the
             matter
             of
             the
             Sentence
             ,
             against
             Stuart
             and
             Gray
             ,
             who
             were
             Imprisoned
             ,
             Fined
             five
             times
             more
             than
             the
             value
             of
             their
             Estates
             ;
             deteined
             in
             Prison
             a
             very
             long
             time
             ,
             very
             hardly
             and
             cruelly
             used
             ;
             and
             ,
             on
             this
             Sentence
             ,
             were
             the
             words
             spoken
             by
             my
             Lord
             of
             Strafford
             ,
             which
             showes
             his
             Rancour
             to
             the
             Scotch
             Nation
             .
          
           
             
               Richard
               Salmon
            
             Sworn
             ,
             and
             Interrogated
             ,
             What
             he
             knew
             concerning
             the
             Sentencing
             of
             Stuart
             ,
             his
             Wife
             and
             Daughters
             ,
             and
             Gray
             in
             Ireland
             ?
             
          
           
             He
             Answered
             ,
             That
             on
             the
             10
             th
             of
             October
             ,
             1639
             ,
             after
             the
             Kings
             Attorney
             ,
             Sir
             
               George
               Ratcliffe
            
             ,
             and
             many
             other
             Lords
             and
             Noblemen
             ,
             had
             given
             their
             Sentence
             concerning
             this
             Oath
             ,
             many
             of
             them
             pleading
             to
             make
             it
             High-Treason
             ;
             and
             ,
             that
             it
             was
             a
             merciful
             proceeding
             against
             Mr.
             Stuart
             ,
             his
             Wife
             ,
             and
             two
             Daughters
             ,
             and
             Gray
             ,
             in
             that
             Court
             :
             My
             Lord
             Primate
             came
             to
             shew
             ,
             that
             if
             it
             had
             been
             against
             the
             first
             part
             of
             the
             Oath
             
               (
               to
               deny
               Allegiance
               and
               Supremacy
               to
               His
               Majesty
               )
            
             it
             had
             been
             so
             :
             but
             being
             against
             the
             second
             part
             ,
             they
             were
             to
             be
             Judged
             in
             that
             Court.
             My
             Lord
             of
             Strafford
             told
             my
             Lord
             Primate
             ,
             he
             was
             mistaken
             ,
             and
             that
             the
             Bishop
             of
             Derry
             had
             said
             well
             ,
             in
             that
             they
             would
             not
             Abjure
             all
             other
             Oathes
             ,
             Bonds
             ,
             Covenants
             whatsoever
             ,
             it
             was
             as
             palpable
             High-Treason
             ,
             as
             if
             it
             were
             against
             the
             first
             part
             of
             the
             Oath
             .
             Thereupon
             my
             Lord
             said
             ,
             These
             people
             are
             mad
             :
             and
             I
             know
             not
             how
             to
             express
             my self
             ,
             without
             going
             beyond
             my self
             ,
             they
             have
             almost
             made
             me
             lose
             my self
             .
             But
             ,
             sayes
             he
             ,
             Mr.
             S●t
             ,
             now
             you
             have
             heard
             my
             Lord
             Primate
             thus
             much
             ,
             What
             can
             you
             speak
             for
             your self
             ?
             Mr.
             Stuart
             Answered
             ,
             He
             was
             willing
             to
             take
             the
             first
             part
             of
             the
             Oath
             ;
             but
             ,
             
             in
             that
             the
             Oath
             seemed
             to
             bind
             them
             ,
             not
             onely
             in
             point
             of
             Allegiance
             and
             Supremacy
             ,
             but
             likewise
             in
             point
             of
             Ecclesiastical
             Duties
             ,
             therefore
             he
             durst
             not
             take
             it
             :
             My
             Lord
             told
             him
             again
             ,
             he
             (
             the
             said
             Mr.
             Stuart
             )
             was
             not
             mistaken
             ,
             but
             had
             judged
             right
             ;
             the
             Oath
             was
             not
             only
             intended
             to
             bind
             them
             to
             Allegiance
             and
             Supremacy
             ,
             for
             that
             they
             had
             other
             Oaths
             ,
             but
             likewise
             to
             be
             obedient
             to
             the
             Ecclesiastical
             Ceremonies
             of
             the
             Church
             ,
             either
             established
             ,
             or
             that
             should
             be
             established
             by
             His
             Majesties
             Royal
             Command
             :
             and
             ,
             that
             whosoever
             would
             be
             obedient
             to
             the
             Ecclesiastical
             Orders
             of
             the
             Church
             ,
             he
             would
             lay
             his
             hand
             under
             their
             feet
             to
             do
             them
             good
             ;
             but
             ,
             whosoever
             would
             resist
             ,
             he
             would
             prosecute
             them
             to
             the
             Blood.
             
          
           
             Being
             Asked
             (
             on
             the
             Earl
             of
             Clares
             motion
             )
             Whether
             he
             be
             a
             Minister
             ?
          
           
             He
             Answered
             ,
             That
             he
             had
             Taught
             School
             in
             Dublin
             ,
             but
             hath
             not
             taken
             Orders
             .
          
           
             Being
             Asked
             ,
             What
             other
             Orders
             my
             Lord
             of
             Strafford
             let
             fall
             ,
             concerning
             the
             Scotish
             Nation
             being
             Rebels
             .
          
           
             He
             Answered
             ,
             He
             remembers
             my
             Lord
             said
             ,
             They
             had
             caused
             him
             to
             forget
             himself
             .
             He
             said
             also
             ,
             That
             they
             were
             Traitors
             and
             Rebels
             :
             and
             that
             if
             His
             Majesty
             would
             honor
             him
             so
             much
             ,
             as
             to
             send
             him
             back
             again
             ,
             he
             would
             eradicate
             root
             and
             branch
             even
             all
             of
             that
             Nation
             out
             of
             the
             Kingdom
             of
             Ireland
             ,
             saving
             such
             Lords
             and
             others
             that
             had
             taken
             the
             Oath
             .
          
           
             Being
             Asked
             ,
             What
             Fines
             were
             Imposed
             on
             Stuart
             ,
             and
             the
             rest
             ?
          
           
             He
             Answered
             ,
             (
             To
             the
             best
             of
             his
             Remembrance
             )
             it
             was
             5000
             l.
             on
             him
             ,
             5000
             l.
             on
             his
             Wife
             ,
             3000
             l.
             a
             piece
             on
             his
             two
             Daughters
             ,
             and
             3000
             l.
             on
             
               Iames
               Gray
            
             .
          
           
             Being
             Asked
             ,
             Whether
             they
             were
             worth
             these
             Sums
             ?
          
           
             He
             Answered
             ,
             That
             it
             is
             not
             known
             to
             him
             :
             but
             he
             conceives
             Gray
             was
             not
             worth
             a
             hundred
             pound
             ;
             for
             ,
             he
             lived
             on
             the
             Maintenance
             of
             Mr
             ,
             Stuart
             in
             the
             Prison
             ;
             And
             ,
             he
             knows
             not
             whether
             they
             paid
             any
             thing
             of
             the
             Fine
             or
             no.
             
          
           
             But
             ,
             Mr.
             Whitlock
             observed
             ,
             That
             Stuart
             was
             fain
             to
             sell
             his
             Estate
             to
             pay
             his
             Fine
             .
          
           
             
               Iohn
               Loftus
            
             being
             Sworn
             ,
             and
             Interrogated
             ,
             Whether
             he
             was
             present
             at
             
             the
             Sentence
             against
             Mr.
             Stuart
             and
             the
             rest
             ?
             And
             what
             it
             was
             ?
          
           
             He
             Answered
             ,
             He
             was
             in
             Dublin
             ,
             when
             Mr.
             Stuart
             ,
             his
             Wife
             ,
             and
             two
             Daughters
             ,
             and
             
               Iames
               Gray
            
             ,
             were
             brought
             by
             the
             Sergeant
             at
             Armes
             from
             their
             House
             to
             Dublin
             ,
             where
             they
             remained
             Prisoners
             in
             his
             Custody
             ,
             and
             were
             thence
             carry'd
             one
             by
             one
             to
             Mr.
             Attorney
             ,
             and
             Sworn
             by
             him
             ;
             and
             after
             their
             Examinations
             taken
             ,
             
             were
             called
             to
             the
             Court
             of
             Star-Chamber
             ,
             and
             proceeded
             against
             
               Ore
               tenus
            
             .
             At
             which
             hearing
             ,
             he
             (
             the
             Deponent
             )
             was
             ;
             And
             ,
             after
             the
             rest
             of
             the
             Lords
             had
             delivered
             their
             Opinions
             ,
             he
             heard
             my
             Lord
             Deputy
             deliver
             his
             likewise
             ;
             and
             his
             in
             substance
             was
             ;
             He
             consented
             in
             fine
             ,
             to
             that
             the
             Lords
             had
             laid
             before
             ,
             viz.
             5000
             l.
             on
             Stuart
             ,
             5000
             l.
             on
             his
             Wife
             ,
             2000
             l.
             a
             piece
             on
             his
             Daughters
             ,
             and
             2000
             l.
             on
             Gray
             :
             and
             my
             Lord
             exprest
             himself
             ,
             That
             he
             wanted
             termes
             to
             set
             forth
             the
             heinousness
             of
             this
             Cause
             ;
             and
             ,
             that
             he
             was
             to
             leave
             his
             Sword
             ;
             but
             ,
             if
             it
             pleased
             His
             Majesty
             to
             return
             him
             thither
             again
             ,
             he
             hoped
             to
             have
             such
             ,
             as
             would
             not
             Conform
             themselves
             to
             the
             discipline
             of
             the
             Church
             ,
             rooted
             up
             Stock
             and
             Branch
             .
          
           
             Being
             bid
             to
             repeat
             his
             Testimony
             ,
          
           
             He
             said
             ,
             He
             Declared
             he
             was
             then
             to
             leave
             his
             Sword
             ,
             and
             if
             His
             Majesty
             would
             return
             him
             thither
             again
             ,
             such
             as
             would
             not
             conform
             themselves
             to
             the
             Government
             of
             the
             Church
             ,
             who
             were
             of
             the
             Scotish
             Nation
             ,
             
               He
               hoped
               to
               root
               them
               up
               stock
               and
               branch
               ,
            
             or
             words
             to
             that
             effect
             .
          
           
             Mr.
             Whitlock
             did
             then
             Sum
             up
             the
             Evidence
             ;
             That
             he
             conceives
             it
             proved
             ,
             
             that
             my
             Lord
             of
             Strafford
             Contrived
             the
             Oath
             ;
             sent
             for
             them
             of
             the
             Scotch
             Nation
             by
             Letter
             ,
             and
             then
             wrought
             with
             them
             to
             make
             it
             their
             own
             Work
             ,
             and
             Suit
             (
             though
             it
             was
             his
             Command
             )
             and
             ,
             by
             threats
             to
             some
             of
             them
             ,
             that
             did
             but
             desire
             to
             consider
             of
             it
             :
             That
             diverse
             of
             the
             Scotch
             Nation
             being
             tender
             in
             their
             Consciences
             to
             take
             the
             Oath
             ,
             it
             being
             a
             new
             Oath
             ,
             and
             tendered
             without
             
               Authority
               of
               Parliament
            
             ;
             and
             so
             ,
             rather
             than
             they
             would
             take
             it
             ,
             were
             forced
             to
             leave
             their
             Habitations
             ,
             their
             Corn
             standing
             ,
             with
             all
             their
             Goods
             and
             Fortunes
             ,
             and
             to
             flie
             out
             of
             the
             Kingdom
             :
             That
             Mr.
             Stuart
             ,
             his
             Wife
             ,
             and
             Daughters
             ,
             and
             one
             
               Iames
               Gray
            
             ,
             were
             Sentenced
             very
             deeply
             for
             refusing
             this
             Oath
             ;
             and
             ,
             that
             my
             Lord
             of
             Strafford
             declared
             ,
             That
             this
             Oath
             extended
             to
             the
             Ceremonies
             of
             the
             Church
             established
             ,
             and
             to
             be
             established
             ;
             That
             the
             Scotch
             Nation
             were
             Rebels
             and
             Traytors
             ;
             not
             going
             to
             any
             particular
             Man
             ,
             but
             the
             Nation
             in
             General
             .
             And
             ,
             that
             if
             His
             Majesty
             would
             send
             him
             back
             again
             to
             that
             Government
             ,
             he
             would
             root
             them
             out
             root
             and
             branch
             .
          
           
             This
             is
             to
             take
             a
             Power
             far
             above
             the
             Law
             ;
             this
             is
             to
             bind
             their
             Consciences
             by
             an
             Oath
             ,
             and
             to
             force
             them
             to
             that
             which
             they
             are
             tender
             of
             ;
             the
             Execution
             of
             this
             with
             so
             much
             rigor
             and
             cruelty
             ,
             showes
             the
             strength
             of
             my
             Lord
             of
             Straffords
             design
             to
             alter
             the
             Lawes
             ,
             and
             to
             do
             it
             with
             a
             strong
             hand
             ,
             with
             all
             his
             Force
             ,
             and
             with
             all
             this
             Cruelty
             .
             And
             so
             my
             Lord
             of
             Straffords
             Answer
             was
             expected
             .
          
           
             And
             then
             my
             Lord
             of
             Strafford
             ,
             after
             a
             little
             respit
             ,
             began
             to
             
             make
             his
             Defence
             ,
             in
             substance
             as
             followeth
             ;
          
           
             That
             almost
             every
             new
             Article
             sets
             forth
             a
             new
             Treason
             ,
             that
             (
             for
             his
             
             part
             )
             he
             never
             heard
             of
             before
             :
             but
             ,
             for
             this
             ,
             that
             is
             now
             the
             Treason
             ,
             and
             concerns
             the
             Administring
             of
             an
             Oath
             to
             such
             of
             the
             Scotch
             Nation
             as
             were
             in
             Ireland
             .
             He
             ,
             the
             Defendant
             ,
             besought
             their
             Lordships
             in
             the
             first
             place
             ,
             
             to
             take
             into
             consideration
             ,
             the
             time
             when
             this
             Oath
             was
             Administred
             because
             of
             something
             else
             ,
             that
             in
             the
             Conclusion
             ,
             for
             his
             further
             Justification
             ,
             he
             shall
             be
             bold
             to
             offer
             to
             their
             Lordships
             ;
             but
             ,
             he
             will
             begin
             with
             that
             which
             is
             matter
             in
             hand
             ;
             which
             ,
             though
             he
             cannot
             say
             was
             the
             true
             Reason
             ,
             that
             made
             him
             first
             think
             of
             it
             ;
             yet
             was
             a
             sufficient
             reason
             of
             it self
             ,
             if
             there
             had
             been
             nothing
             else
             .
          
           
             The
             Proclamation
             for
             this
             matter
             he
             remembred
             was
             dated
             20
             th
             of
             May
             ,
             1639
             ,
             and
             ,
             in
             what
             condition
             the
             Kings
             Affairs
             then
             stood
             ,
             their
             Lordships
             ,
             and
             my
             Lord
             Steward
             in
             particular
             ,
             who
             was
             General
             ,
             are
             very
             well
             able
             to
             call
             to
             mind
             ,
             and
             what
             fears
             there
             were
             of
             the
             ill
             events
             of
             the
             things
             then
             in
             hand
             .
             The
             apprehensions
             were
             ,
             That
             the
             Scots
             being
             a
             great
             Body
             in
             Ireland
             (
             and
             not
             so
             few
             ,
             he
             is
             perswaded
             ,
             as
             100000
             ,
             by
             reason
             of
             their
             nearness
             to
             their
             own
             Countreys
             confining
             upon
             it
             )
             might
             ,
             perhaps
             ,
             have
             Intelligence
             and
             Occurrence
             with
             their
             Countrymen
             ,
             called
             ,
             
               Those
               of
               the
               Covenant
            
             .
             And
             ,
             this
             was
             the
             sence
             of
             all
             that
             were
             Ministers
             of
             that
             State
             under
             the
             King
             ,
             as
             well
             English
             as
             Irish
             ,
             and
             even
             those
             of
             their
             own
             Nation
             .
             Thereupon
             they
             entred
             into
             Consideration
             ,
             how
             to
             secure
             that
             Kingdom
             ,
             and
             settle
             things
             in
             quiet
             .
          
           
             Besides
             ,
             there
             was
             a
             Man
             afterwards
             Condemned
             of
             Treason
             ,
             for
             having
             a
             Plot
             and
             Design
             to
             have
             seized
             on
             Knock-fergus
             Castle
             ,
             and
             delivered
             it
             to
             a
             great
             Man
             in
             Scotland
             (
             whom
             my
             Lord
             said
             he
             would
             not
             name
             )
             for
             which
             he
             lost
             his
             life
             afterwards
             .
          
           
             These
             particulars
             were
             confirmed
             by
             several
             Witnesses
             .
          
           
             And
             ,
             to
             prove
             that
             there
             was
             a
             Debate
             at
             Council-Board
             ,
             for
             preventing
             of
             these
             Inconveniences
             ,
             my
             Lord
             of
             Strafford
             desired
             some
             Privy-Counsellors
             of
             Ireland
             might
             be
             examined
             .
          
           
             Robert
             Lord
             Dillon
             being
             Asked
             ,
             Whether
             he
             and
             the
             State
             of
             Ireland
             
             were
             not
             very
             apprehensive
             of
             the
             danger
             ,
             that
             might
             happen
             to
             the
             Kingdom
             of
             Ireland
             ,
             If
             the
             Scots
             should
             declare
             themselves
             any
             way
             to
             the
             disquieting
             of
             that
             Kingdom
             ?
          
           
             He
             Answered
             ,
             That
             about
             that
             time
             there
             were
             some
             Advertisements
             out
             of
             the
             North
             ,
             of
             particular
             Meetings
             ,
             and
             Contrivances
             of
             some
             Plot
             or
             other
             by
             the
             Scots
             ,
             which
             made
             the
             State
             very
             apprehensive
             ,
             that
             there
             might
             be
             danger
             ensuing
             ,
             and
             that
             the
             consequence
             would
             be
             ill
             .
          
           
             Being
             Asked
             ,
             Whether
             there
             was
             not
             a
             course
             taken
             upon
             that
             for
             an
             Oath
             ,
             to
             secure
             the
             quiet
             of
             the
             Kingdom
             ?
          
           
             He
             Answered
             ,
             It
             was
             debated
             at
             the
             Board
             ,
             and
             concluded
             ,
             That
             it
             would
             be
             a
             great
             Security
             and
             Obligation
             on
             those
             of
             the
             Scotch
             Nation
             in
             Ireland
             ,
             to
             keep
             them
             from
             Treating
             ,
             or
             Concluding
             any
             thing
             together
             ,
             if
             there
             should
             be
             any
             Invasion
             .
          
           
             Being
             Asked
             ,
             Whether
             it
             was
             not
             thereupon
             resolved
             ,
             To
             Consult
             the
             Principal
             Gentry
             of
             that
             Nation
             ,
             and
             to
             speak
             with
             them
             ?
             and
             ,
             Whether
             my
             Lord
             of
             Straffords
             Letters
             were
             sent
             in
             persuance
             thereof
             ?
          
           
           
             He
             Answered
             ,
             That
             he
             thought
             the
             Letters
             were
             singly
             subscribed
             by
             the
             Lord
             Deputy
             himself
             ,
             but
             it
             was
             also
             with
             the
             privity
             of
             the
             Council
             .
          
           
             Sir
             
               Philip
               Manwaring
            
             being
             Asked
             to
             the
             same
             Point
             ,
             Answered
             ,
             That
             
             at
             the
             time
             the
             Proclamation
             Issued
             ,
             he
             was
             in
             England
             ,
             which
             was
             the
             16
             th
             or
             20
             th
             of
             May
             ;
             But
             ,
             before
             he
             came
             from
             Ireland
             ,
             there
             were
             very
             many
             Apprehensions
             ,
             that
             Inconveniences
             might
             arise
             ,
             and
             many
             Considerations
             in
             Council
             ,
             which
             way
             to
             prepare
             and
             prevent
             them
             .
          
           
             Sir
             
               Adam
               Loftus
            
             being
             Interrogated
             to
             the
             same
             Point
             ?
             
          
           
             Answered
             ,
             That
             there
             were
             at
             that
             time
             some
             Apprehensions
             and
             Fears
             of
             Danger
             ,
             that
             might
             arise
             from
             the
             People
             of
             the
             Scotch
             Nation
             ,
             in
             respect
             of
             their
             numbers
             there
             ,
             lest
             they
             should
             adhere
             to
             them
             of
             the
             Covenant
             in
             Scotland
             ,
             and
             thereby
             endanger
             the
             Kingdom
             of
             Ireland
             at
             that
             time
             :
             And
             therefore
             it
             was
             debated
             at
             the
             Council-Table
             ,
             that
             some
             Oath
             or
             Bond
             might
             be
             made
             ,
             that
             might
             divert
             them
             from
             joyning
             in
             the
             
               Scotch
               Covenant
            
             ;
             and
             thereupon
             it
             was
             resolved
             ,
             That
             the
             Principal
             Noblemen
             ,
             and
             Gentlemen
             of
             Scotland
             ,
             that
             were
             then
             in
             Ireland
             ,
             should
             be
             sent
             for
             ,
             and
             there
             dealt
             withal
             ,
             both
             to
             express
             their
             Loyalty
             and
             Service
             to
             the
             Nation
             of
             Ireland
             ,
             by
             their
             due
             obedience
             ,
             and
             also
             to
             offer
             some
             Means
             that
             might
             be
             Security
             to
             the
             King
             and
             themselves
             .
          
           
             And
             being
             further
             Interrogated
             ,
             Whether
             my
             Lord
             of
             
             Strafford's
             ,
             sending
             for
             these
             Principal
             Gentry
             of
             the
             Scotch
             Nation
             ,
             Was
             not
             with
             the
             Privity
             of
             the
             Council
             ?
          
           
             He
             Answered
             ,
             That
             he
             thought
             it
             was
             :
             and
             Added
             ,
             He
             was
             very
             Confident
             it
             was
             ,
             though
             the
             reason
             was
             not
             exprest
             in
             those
             Letters
             .
          
           
             Being
             Asked
             (
             on
             M
             r
             Maynards
             Motion
             )
             Whether
             he
             was
             there
             ,
             when
             
             my
             Lord
             Mountgomery
             ,
             and
             Sir
             
               Iames
               Mountgomery
            
             made
             Exception
             to
             the
             Form
             of
             the
             Oath
             contrived
             ?
          
           
             He
             Answered
             ,
             He
             was
             not
             present
             at
             any
             Exceptions
             taken
             at
             it
             .
          
           
             Being
             Asked
             (
             on
             M
             r
             Whitlocks
             Motion
             )
             who
             were
             those
             that
             took
             it
             so
             
             chearfully
             ?
             And
             whether
             the
             Bishops
             were
             not
             more
             chearful
             then
             others
             ?
          
           
             He
             Answered
             ,
             That
             indeed
             he
             observed
             no
             Reluctancy
             .
          
           
             My
             Lord
             of
             Strafford
             here
             added
             ,
             That
             he
             speaks
             it
             truly
             (
             to
             the
             honor
             of
             that
             Nation
             be
             it
             spoken
             )
             the
             Oath
             was
             taken
             with
             much
             chearfulness
             ,
             
             and
             not
             any
             man
             made
             scruple
             in
             the
             whole
             business
             ,
             to
             his
             understanding
             ,
             save
             only
             Sir
             
               Iames
               Mountgomery
            
             ,
             but
             took
             it
             with
             all
             the
             readiness
             in
             the
             World.
             This
             is
             as
             true
             as
             he
             lives
             ,
             and
             he
             thinks
             he
             speaks
             it
             for
             their
             honor
             ;
             and
             ,
             were
             he
             one
             of
             the
             Temporal
             men
             in
             that
             kind
             ,
             he
             should
             be
             very
             
             unwilling
             to
             be
             asked
             ,
             whether
             the
             Bishops
             had
             been
             more
             ready
             to
             give
             Allegiance
             to
             His
             Majesty
             ,
             than
             himself
             ?
             and
             he
             thinks
             ,
             he
             that
             asked
             the
             question
             ,
             doth
             them
             a
             great
             deal
             of
             prejudice
             in
             it
             .
          
           
             Finding
             them
             thus
             prepared
             ,
             he
             was
             glad
             of
             it
             ;
             and
             they
             being
             willing
             to
             prefer
             such
             a
             Petition
             ,
             he
             went
             to
             them
             ,
             and
             served
             them
             with
             all
             willingness
             ,
             as
             he
             had
             reason
             .
          
           
             The
             Petition
             was
             cheerfully
             brought
             to
             him
             to
             be
             looked
             over
             ,
             and
             to
             have
             his
             opinion
             how
             he
             liked
             it
             .
             It
             was
             brought
             him
             by
             my
             Lord
             Mountgomery
             Sir
             Iames
             Mountgomery's
             Brother
             ,
             and
             some
             others
             ,
             whom
             he
             remembers
             not
             .
             But
             these
             words
             he
             remembers
             particularly
             in
             it
             .
             
               An
               offering
               of
               their
               Lives
               and
               Fortunes
               ,
               for
               vindicating
               the
               Authority
               of
               Regal
               Power
               ,
            
             which
             he
             said
             was
             too
             general
             ;
             and
             though
             they
             intended
             it
             well
             ,
             might
             be
             turned
             too
             strictly
             on
             them
             ,
             and
             therefore
             he
             desired
             ,
             it
             might
             be
             qualified
             with
             these
             words
             ,
             
               In
               equal
               manner
               and
               measure
               with
               other
               His
               Majesties
               Subjects
            
             ;
             and
             the
             words
             were
             put
             in
             by
             him
             ,
             as
             he
             is
             sure
             ,
             my
             Lord
             Mountgomery
             would
             justifie
             .
          
           
             The
             Petition
             was
             read
             ,
             and
             the
             Act
             of
             State
             ,
             wherein
             it
             is
             recited
             ,
             being
             in
             substance
             as
             followeth
             .
          
           
             
               By
               the
               Lord-Deputy
               and
               Council
            
             ,
          
           
             WENTWORTH
             .
          
           
             Where
             we
             have
             lately
             made
             an
             Act
             of
             Council
             in
             these
             words
             .
          
           
             
               WHereas
               divers
               Lords
               Spiritual
               and
               Temporal
               ,
               Knights
               ,
               and
               others
               inhabiting
               in
               this
               Kingdom
               ,
               have
               lately
               exhibited
               a
               Petition
               to
               us
               ,
               in
               these
               words
               following
               .
            
          
           
             
               To
               the
               Right
               Honourable
               ,
               the
               Lord
               Deputy
               and
               Council
               ,
            
             &c.
             
          
           
             
               The
               Humble
               Petition
               of
            
             ,
             &c.
             
          
           
             The
             Petition
             recites
             ,
          
           
             The
             horror
             apprehended
             by
             the
             Petitioners
             ,
             His
             Majesties
             Subjects
             of
             the
             Scotish
             Nation
             inhabiting
             in
             Ireland
             ,
             for
             the
             Covenant
             sworn
             by
             some
             of
             their
             Countreymen
             in
             Scotland
             ,
             without
             His
             Majesties
             Authority
             and
             Consent
             ;
          
           
             Their
             dislike
             therof
             ,
             and
             their
             consideration
             ,
             that
             the
             causes
             of
             that
             action
             may
             be
             understood
             ,
             to
             reflect
             on
             the
             Petitioners
             ,
             though
             innocent
             .
          
           
             They
             crave
             leave
             to
             vindicate
             themselves
             from
             so
             great
             a
             Contagion
             ,
             and
             desire
             his
             Lordship
             to
             prescribe
             a
             way
             by
             Oath
             or
             otherwise
             ,
             to
             free
             themselves
             from
             these
             proceedings
             ,
             to
             declare
             their
             acknowledgement
             of
             the
             Kings
             Regal
             Power
             ,
             and
             their
             dislike
             of
             that
             Covenant
             ,
             and
             of
             all
             other
             Covenants
             entred
             into
             ,
             &c.
             without
             His
             Majesties
             Regal
             Authority
             ,
             which
             they
             are
             desirous
             to
             manifest
             by
             offering
             their
             lives
             and
             fortunes
             ,
             to
             vindicate
             
             the
             honor
             ,
             &c.
             of
             their
             Sovereign
             ,
             which
             they
             are
             ready
             to
             do
             in
             equal
             manner
             and
             measure
             ,
             with
             other
             His
             Majesties
             Subjects
             ,
             &c.
             and
             divers
             names
             were
             to
             the
             said
             Petition
             subscribed
             .
          
           
             In
             consideration
             of
             which
             Petition
             ,
             we
             cannot
             but
             commend
             the
             wisdom
             of
             the
             Petitioners
             ,
             which
             we
             will
             not
             fail
             humbly
             to
             represent
             to
             His
             Majesty
             ;
             and
             for
             that
             we
             know
             many
             of
             this
             Kingdom
             ,
             have
             expressed
             good
             affection
             to
             His
             Majesty
             and
             His
             Service
             ,
             and
             dislike
             those
             disorders
             :
             We
             hold
             it
             fit
             ,
             &c.
             to
             free
             them
             the
             better
             from
             the
             Crimes
             and
             Scandals
             which
             their
             Countrey-men
             have
             gone
             into
             ,
             as
             also
             to
             free
             them
             from
             all
             prejudice
             ,
             and
             to
             approve
             to
             the
             King
             ,
             and
             to
             the
             whole
             world
             ,
             their
             Allegiance
             to
             him
             and
             his
             Regal
             Power
             ,
             and
             the
             dislike
             of
             that
             unlawful
             Oath
             and
             Covenant
             :
             We
             do
             therefore
             ordain
             ,
             That
             all
             and
             every
             person
             of
             the
             Scotch
             Nation
             ,
             that
             inhabit
             ,
             or
             have
             Estates
             ,
             or
             any
             Houses
             ,
             Lands
             ,
             Tenements
             ,
             or
             Hereditaments
             within
             Ireland
             ,
             shall
             take
             the
             Oath
             herein
             expressed
             on
             the
             Holy
             Evangelists
             ,
             on
             pain
             of
             His
             Majesties
             High-displeasure
             .
             The
             tenor
             of
             which
             Oath
             follows
             .
             &c.
             To
             several
             seect
             persons
             ,
             &c.
             
             Authorizing
             them
             to
             call
             before
             them
             ,
             and
             administer
             the
             Oath
             to
             every
             person
             of
             the
             Scotch
             Nation
             ,
             &c.
             
             At
             such
             time
             and
             place
             &c.
             
             And
             such
             Instructions
             as
             shall
             be
             in
             that
             behalf
             given
             by
             the
             Deputy
             and
             Council
             ,
             &c.
             
             And
             to
             certifie
             the
             names
             of
             all
             that
             take
             the
             Oath
             ,
             and
             if
             any
             refuse
             to
             certifie
             their
             Names
             ,
             Quality
             ,
             and
             Residences
             to
             the
             Lord
             Deputy
             ,
             &c.
             
             And
             there
             is
             a
             Command
             ,
             that
             all
             of
             the
             Scotch
             Nation
             do
             appear
             before
             the
             said
             Commissioners
             ,
             at
             times
             by
             them
             to
             be
             appointed
             ,
             and
             to
             take
             the
             said
             Oath
             before
             them
             ;
             and
             that
             all
             persons
             may
             have
             due
             notice
             ,
             we
             think
             fit
             this
             be
             published
             ,
             Dated
             May
             1639.
             
          
           
             To
             prove
             a
             design
             of
             seizing
             the
             Castle
             of
             Knock-Fergus
             ,
             my
             Lord
             of
             Strafford
             desired
             Mr.
             Slingsby
             might
             be
             examined
             ,
             and
             being
             Interrogated
             ?
          
           
             He
             Answered
             ,
             That
             about
             the
             time
             ,
             when
             it
             was
             supposed
             the
             King
             was
             
             in
             the
             Field
             of
             Berwick
             ,
             there
             was
             an
             Advertisement
             from
             Knock-Fergus
             ,
             that
             one
             Trueman
             had
             writ
             a
             Letter
             ,
             for
             betraying
             of
             the
             Castle
             there
             ;
             the
             party
             that
             sent
             the
             discovery
             was
             to
             be
             employed
             in
             the
             Letter
             ,
             and
             he
             enformed
             ,
             there
             were
             the
             hands
             of
             Twenty
             that
             should
             have
             subscribed
             it
             ,
             the
             Letter
             was
             conceived
             to
             be
             voluntarily
             from
             Trueman
             ,
             and
             not
             sollicited
             out
             of
             Scotland
             .
          
           
             Trueman
             was
             sent
             to
             Dublin
             and
             examined
             ,
             and
             sent
             back
             to
             be
             tryed
             
             in
             the
             Countrey
             ,
             and
             there
             he
             received
             his
             Tryal
             ,
             and
             was
             Hanged
             ,
             Drawn
             ,
             and
             Quartered
             .
          
           
             Being
             asked
             of
             what
             Nation
             he
             was
             ?
          
           
             He
             says
             he
             doth
             not
             know
             of
             what
             Nation
             ,
             but
             he
             supposes
             he
             was
             an
             Englishman
             .
          
           
             For
             his
             further
             justification
             ,
             he
             saith
             ,
             at
             the
             same
             time
             there
             was
             the
             like
             Oath
             ,
             and
             Proceeding
             here
             in
             England
             .
          
           
           
             The
             Copy
             of
             which
             Oath
             now
             read
             ,
             being
             affirmed
             by
             Mr.
             Ralton
             to
             be
             a
             true
             Copy
             .
          
           
             5
             Iune
             1639.
             
             A
             Copy
             of
             an
             Oath
             tendered
             to
             some
             of
             the
             Scotish
             Nation
             ,
             resident
             here
             in
             England
             ,
             as
             it
             is
             entred
             in
             the
             Scotish
             Book
             ,
             being
             in
             substance
          
           
             IN
             
               Doe
               faithfully
               swear
               ,
               profess
               ,
               and
               promise
               ,
               that
               I
               will
               faithfully
               obey
               my
               Sovereign
               Lord
               King
            
             CHARLES
             ,
             &c.
             
               and
               defend
               and
               maintain
               His
               Royal
               Authority
               ;
               and
               that
               I
               will
               not
               bear
               Arms
               ,
               nor
               do
               any
               rebellious
               Act
               against
               him
               ,
               nor
               profess
               against
               any
               His
               Royal
               Commands
               ,
            
             &c.
             
             
               And
               that
               I
               will
               not
               enter
               into
               any
               Covenant
               or
               Bond
               ,
            
             &c.
             
             
               Of
               mutual
               Defence
               or
               Assistance
               against
               any
               person
               ,
            
             &c.
             
               or
               into
               any
               Covenant
               ,
               Bond
               of
               mutual
               defence
               or
               assistance
               whatsoever
               ,
               without
               His
               Majesties
               Sovereign
               and
               Regal
               Authority
               .
               And
               I
               do
               renounce
               and
               abjure
               all
               Covenants
               ,
               contrary
               to
               what
               is
               here
               sworn
               ,
               professed
               and
               promised
               ,
            
          
           
             And
             he
             submits
             it
             to
             their
             Lordships
             Wisdom
             and
             Justice
             ,
             what
             offence
             this
             had
             been
             for
             a
             Deputy
             of
             Ireland
             in
             a
             time
             thus
             conditioned
             for
             securing
             the
             publique
             peace
             of
             that
             Kingdom
             ,
             where
             he
             serves
             the
             Crown
             upon
             such
             apprehensions
             as
             these
             ,
             fairly
             without
             any
             constraint
             or
             violence
             offered
             ,
             to
             endeavour
             by
             such
             a
             manner
             of
             means
             as
             this
             ,
             to
             secure
             the
             King
             of
             the
             Royalty
             and
             Allegiance
             of
             His
             Subjects
             .
             To
             procure
             it
             to
             these
             ends
             ,
             by
             these
             ways
             ,
             at
             such
             a
             time
             ,
             how
             this
             can
             be
             strained
             to
             be
             High
             Treason
             ,
             he
             confesses
             he
             does
             not
             well
             understand
             ;
             especially
             ,
             since
             he
             is
             confirmed
             in
             that
             opinion
             ,
             by
             the
             allowance
             given
             of
             it
             here
             in
             England
             ,
             as
             ,
             by
             the
             Oath
             read
             appears
             ;
             And
             if
             all
             this
             had
             been
             done
             by
             him
             solely
             as
             Deputy
             ,
             by
             the
             power
             of
             that
             Commission
             he
             had
             from
             His
             Majesty
             ,
             where
             should
             be
             the
             crime
             that
             should
             rise
             so
             high
             ,
             as
             to
             convince
             him
             of
             Treason
             ?
             But
             that
             is
             not
             all
             ,
             he
             hath
             something
             else
             to
             say
             for
             himself
             ,
             and
             that
             is
             ,
             the
             Kings
             Letter
             of
             His
             Majesties
             own
             Hand-writing
             ,
             as
             followeth
             .
          
           
             
               
                 
                   
                   WENTWORTH
                   ,
                
              
               
                 COnsidering
                 the
                 great
                 number
                 of
                 Scots
                 that
                 are
                 in
                 Ireland
                 ,
                 and
                 the
                 dangerous
                 consequences
                 may
                 follow
                 ,
                 if
                 they
                 should
                 joyn
                 with
                 the
                 Covenanters
                 in
                 Scotland
                 ;
                 I
                 hold
                 it
                 necessary
                 you
                 should
                 use
                 your
                 best
                 endeavour
                 ,
                 to
                 try
                 them
                 by
                 an
                 Oath
                 ,
                 not
                 only
                 to
                 disclaim
                 their
                 Countreymens
                 proceedings
                 ,
                 but
                 likewise
                 ,
                 never
                 to
                 joyn
                 with
                 any
                 in
                 Covenant
                 ,
                 or
                 otherwise
                 against
                 Me
                 ,
                 To
                 which
                 purpose
                 I
                 Command
                 you
                 ,
                 to
                 frame
                 and
                 administer
                 such
                 an
                 Oath
                 ,
                 to
                 the
                 abovesaid
                 intent
                 ,
                 to
                 my
                 Scotish
                 Subjects
                 of
                 that
                 Kingdom
                 ,
                 that
                 I
                 may
                 know
                 the
                 well
                 from
                 the
                 ill-affected
                 of
                 that
                 Nation
                 ,
                 of
                 which
                 fail
                 not
                 ,
                 as
                 you
                 love
                 my
                 Service
                 .
                 And
                 so
                 I
                 rest
                 ,
              
               
                 
                   Your
                   assured
                   friend
                   Ch.
                   R.
                   
                
                 
                   Dated
                   16
                   Jan.
                   1638.
                   
                   Whitehall
                   .
                
              
            
          
           
             So
             he
             had
             His
             Majesties
             Warrant
             ,
             but
             handled
             the
             matter
             so
             ,
             that
             he
             never
             discovered
             it
             .
          
           
             And
             this
             he
             conceives
             doth
             clearly
             justifie
             him
             in
             all
             his
             proceedings
             .
             That
             none
             can
             administer
             an
             Oath
             ,
             but
             by
             Authority
             of
             an
             Act
             of
             Parliament
             ,
             is
             ,
             as
             he
             conceived
             ,
             an
             ignorance
             ;
             And
             that
             upon
             a
             Command
             ,
             and
             being
             not
             against
             Law
             ,
             but
             intended
             for
             the
             better
             preservation
             of
             the
             peace
             of
             the
             Kingdom
             ;
             a
             Deputy
             of
             Ireland
             might
             do
             it
             :
             and
             if
             he
             hath
             failed
             ,
             he
             shall
             not
             willingly
             undergo
             any
             punishment
             ,
             since
             it
             was
             an
             act
             of
             Obedience
             ,
             and
             if
             it
             were
             to
             do
             again
             (
             being
             informed
             as
             he
             then
             was
             )
             he
             must
             obey
             ,
             and
             he
             had
             rather
             suffer
             in
             obeying
             His
             Majesty
             ,
             than
             dispute
             with
             His
             Commands
             in
             that
             kind
             ,
          
           
             And
             so
             he
             hoped
             ,
             that
             for
             the
             Oath
             and
             Proclamation
             ,
             he
             had
             said
             that
             which
             might
             acquit
             him
             before
             their
             Lordships
             .
          
           
             Then
             his
             Lordship
             applyed
             himself
             to
             give
             an
             Answer
             to
             the
             other
             matters
             ,
             brought
             in
             his
             Charge
             ,
             and
             the
             next
             thing
             urged
             against
             him
             is
             ,
             the
             Cenfure
             of
             Mr.
             Stuart
             ,
             his
             Wife
             and
             Daughters
             ,
             and
             Gray
             .
          
           
             That
             Sentence
             was
             the
             very
             day
             before
             he
             came
             from
             
               Ireland
               ,
               Michalmas
            
             was
             Twelve
             months
             .
          
           
             To
             that
             he
             can
             say
             no
             more
             ,
             but
             that
             he
             delivered
             his
             opinion
             concerning
             them
             ,
             as
             the
             rest
             ,
             in
             the
             Castle-Chamber
             ,
             where
             the
             Deputy
             hath
             no
             more
             voices
             ,
             than
             such
             as
             my
             Lord
             Keeper
             hath
             in
             the
             Star-Chamber
             ,
             a
             Casting
             voice
             ,
             if
             the
             voices
             be
             equal
             ,
             and
             otherwise
             but
             a
             single
             voice
             ;
             and
             the
             truth
             is
             ,
             that
             the
             whole
             Court
             did
             agree
             in
             it
             .
          
           
             And
             for
             their
             Fine
             ,
             one
             of
             their
             own
             Witnesses
             sayes
             ,
             That
             he
             delivered
             his
             opinion
             ,
             as
             concurring
             with
             the
             rest
             of
             the
             Court
             ;
             so
             that
             the
             Fines
             were
             set
             before
             it
             came
             to
             him
             to
             vote
             .
             And
             the
             greatness
             of
             the
             Fine
             ,
             was
             only
             to
             shew
             the
             greatness
             of
             the
             offence
             ,
             and
             not
             with
             respect
             to
             the
             persons
             ,
             or
             with
             any
             purpose
             to
             take
             the
             Fines
             of
             the
             parties
             ;
             for
             when
             it
             shall
             be
             examined
             ,
             it
             will
             appear
             ,
             that
             little
             of
             that
             hath
             been
             paid
             or
             looked
             after
             ,
             for
             they
             might
             have
             had
             their
             pardon
             the
             next
             day
             ,
             if
             they
             would
             
             have
             taken
             the
             Oath
             ;
             And
             if
             he
             that
             shall
             refuse
             the
             Oath
             of
             Allegiance
             ,
             shall
             instantly
             incurr
             the
             penalty
             of
             a
             Praemunire
             ,
             the
             Fine
             was
             very
             moderate
             in
             this
             case
             .
          
           
             In
             the
             Oath
             there
             is
             nothing
             of
             Ecclesiastical
             businesses
             ,
             but
             only
             a
             Temporal
             Allegiance
             ,
             though
             some
             of
             the
             Witnesses
             speak
             of
             the
             extending
             it
             to
             the
             Ecclesiastical
             affairs
             .
          
           
             My
             Lord
             Primate
             should
             have
             been
             a
             Witness
             in
             the
             Cause
             ,
             but
             he
             is
             sick
             ,
             and
             therefore
             if
             it
             may
             well
             stand
             with
             their
             Lordships
             Favour
             and
             Justice
             to
             deferr
             this
             point
             ,
             till
             he
             may
             be
             examined
             ,
             and
             heard
             about
             it
             .
          
           
             The
             next
             thing
             was
             the
             words
             charged
             upon
             him
             ,
             spoken
             at
             the
             same
             Sentence
             ,
             
               That
               the
               Scotish
               Nation
               were
               Rebels
               and
               Traitors
               ,
               and
               that
               he
               would
               root
               them
               out
               of
               the
               Kingdom
               ,
               root
               and
               branch
               .
            
          
           
             These
             words
             he
             absolutely
             denyed
             ,
             and
             so
             under
             favour
             ,
             he
             said
             ,
             he
             must
             doe
             still
             ,
             being
             well
             assured
             ,
             he
             never
             spake
             them
             ;
             and
             he
             is
             privy
             to
             his
             own
             heart
             so
             far
             ,
             that
             he
             can
             as
             truly
             say
             ,
             he
             never
             thought
             them
             .
             He
             knows
             very
             well
             what
             he
             owes
             to
             that
             Nation
             ,
             as
             being
             the
             Native
             Countrey
             of
             His
             Majesty
             ;
             and
             that
             respect
             ,
             if
             there
             were
             nothing
             else
             ,
             is
             sufficient
             for
             him
             to
             wish
             to
             it
             all
             Happiness
             and
             Prosperity
             ,
             which
             he
             doth
             from
             his
             heart
             .
          
           
             Besides
             ,
             he
             knows
             there
             be
             many
             of
             that
             Nation
             ,
             most
             Faithful
             and
             Loyal
             Subjects
             ,
             he
             trusts
             there
             are
             few
             amongst
             them
             otherwise
             ;
             and
             therefore
             for
             him
             to
             say
             ,
             the
             whole
             Nation
             are
             Rebels
             and
             Traitors
             ;
             certainly
             were
             a
             Speech
             of
             a
             man
             frantique
             ,
             and
             out
             of
             his
             wits
             ,
             rather
             than
             of
             a
             man
             in
             his
             Senses
             :
             For
             though
             he
             hath
             some
             infirmities
             ,
             of
             hastiness
             in
             him
             ,
             yet
             he
             is
             not
             so
             divested
             of
             Reason
             and
             Understanding
             ,
             as
             to
             speak
             like
             a
             mad
             man
             ,
             especially
             in
             things
             of
             this
             nature
             .
          
           
             His
             Lordship
             repeated
             it
             ,
             that
             he
             never
             spake
             them
             ,
             never
             thought
             them
             ,
             nor
             ever
             wished
             any
             thing
             to
             that
             Nation
             ,
             but
             Honor
             and
             Happiness
             in
             all
             his
             life
             ;
             nor
             hath
             he
             any
             manner
             of
             particular
             exception
             against
             them
             ,
             either
             in
             general
             or
             particular
             .
             Besides
             ,
             he
             never
             received
             personal
             wrong
             from
             any
             of
             that
             Nation
             ;
             he
             hath
             received
             many
             courtesies
             from
             some
             of
             them
             ,
             and
             therefore
             owes
             them
             no
             Animosity
             ,
             but
             all
             the
             respects
             in
             the
             world
             .
          
           
             But
             when
             it
             comes
             to
             the
             proof
             ,
             that
             is
             sufficiently
             justified
             ,
             for
             nothing
             is
             proved
             of
             that
             they
             charge
             him
             with
             ,
             and
             when
             he
             hath
             shown
             the
             weakness
             of
             the
             proof
             offered
             to
             convince
             him
             of
             them
             ,
             he
             shall
             offer
             a
             Witness
             or
             two
             ,
             that
             will
             absolutely
             clear
             him
             .
             Nor
             did
             he
             speak
             any
             thing
             whilst
             he
             was
             in
             Ireland
             ,
             concerning
             the
             Nation
             in
             general
             ,
             but
             whatsoever
             he
             spake
             ,
             was
             concerning
             the
             Faction
             in
             it
             ;
             and
             it
             is
             an
             easie
             matter
             for
             a
             man
             at
             a
             distance
             ,
             to
             mistake
             one
             word
             for
             another
             ;
             and
             when
             he
             spoke
             of
             the
             Faction
             there
             ,
             it
             was
             with
             a
             great
             deal
             of
             more
             moderation
             ,
             and
             better
             phrase
             than
             the
             words
             charged
             .
          
           
             For
             Sir
             
               Iames
               Mountgomery
            
             ,
             he
             hath
             said
             little
             as
             to
             this
             matter
             ,
             for
             he
             was
             not
             there
             ,
             nor
             speaks
             at
             all
             ,
             as
             if
             He
             (
             the
             Lord
             of
             Strafford
             )
             should
             have
             carried
             himself
             in
             that
             business
             ,
             otherwise
             than
             became
             him
             ;
             only
             himself
             confesses
             when
             Sir
             Iames
             would
             have
             some
             words
             put
             into
             the
             Oath
             
               (
               Of
               lawful
               and
               just
               Commands
               )
            
             He
             (
             the
             Earl
             of
             Strafford
             )
             said
             That
             that
             was
             needless
             ,
             for
             they
             could
             expect
             no
             Commands
             from
             His
             Majesty
             ,
             but
             what
             were
             lawful
             and
             just
             ,
             and
             such
             is
             the
             Wisdom
             and
             Justice
             of
             the
             King
             as
             he
             dares
             say
             they
             will
             always
             be
             so
             ;
             and
             the
             words
             of
             the
             Oath
             are
             ,
             
               They
               shall
               be
               so
               far
               complying
               with
               these
               Commands
               ,
               as
               in
               due
               obedience
               they
               are
               bound
               and
               obliged
               to
               be
               .
            
             So
             it
             was
             not
             
               Caeca
               obedientia
            
             .
             Sir
             Iames
             sayes
             ,
             
             That
             he
             (
             the
             Earl
             of
             Strafford
             )
             did
             administer
             the
             Oath
             .
             This
             one
             single
             Testimony
             ;
             but
             to
             tell
             their
             Lordships
             plainly
             the
             truth
             ,
             he
             confesses
             he
             did
             give
             that
             Oath
             ,
             being
             not
             only
             obliged
             by
             the
             Council
             ,
             but
             they
             directing
             him
             ,
             and
             that
             the
             Petition
             was
             not
             got
             forcibly
             from
             them
             ,
             it
             appears
             evidently
             ,
             for
             there
             is
             nothing
             against
             it
             .
          
           
             Sir
             
               Iohn
               Clotworthy
            
             sayes
             ,
             That
             on
             this
             Oath
             administred
             ,
             great
             multitudes
             went
             away
             ,
             but
             he
             names
             not
             one
             of
             that
             multitude
             ,
             and
             if
             they
             did
             go
             ,
             who
             could
             help
             it
             ?
             If
             they
             would
             go
             away
             ,
             rather
             than
             give
             such
             a
             pledge
             of
             their
             Allegiance
             ,
             he
             should
             have
             been
             loth
             to
             have
             restrained
             them
             ,
             to
             make
             them
             stay
             against
             their
             Wills.
             
          
           
             For
             the
             Instructions
             that
             went
             with
             the
             Commissions
             ,
             Sir
             
               Iohn
               Clotworthy
            
             very
             truly
             says
             ,
             they
             were
             under
             the
             hands
             of
             himself
             and
             all
             the
             Council
             ,
             but
             what
             these
             Instructions
             were
             ,
             he
             cannot
             expresly
             say
             ;
             and
             that
             ,
             under
             favour
             ,
             he
             conceives
             is
             no
             witness
             ,
             and
             so
             is
             no
             Charge
             on
             him
             .
          
           
             But
             to
             express
             his
             rancor
             against
             the
             Scotish
             Nation
             ,
             next
             come
             the
             words
             proved
             by
             
               Richard
               Salmon
            
             the
             Schoolmaster
             ,
             and
             he
             swears
             positively
             and
             directly
             ,
             that
             he
             (
             my
             Lord
             of
             Strafford
             )
             spake
             these
             words
             the
             10
             th
             of
             October
             1639.
             
             The
             plain
             truth
             is
             ,
             that
             he
             (
             the
             Earl
             of
             Strafford
             )
             was
             come
             into
             England
             in
             September
             before
             ;
             and
             if
             that
             man
             shall
             notwithstanding
             ,
             undertake
             positively
             to
             swear
             that
             individual
             day
             ,
             he
             is
             less
             to
             be
             credited
             .
             The
             said
             time
             of
             his
             coming
             into
             England
             was
             confirmed
             by
             two
             Witnesses
             .
          
           
             Mr.
             
               Thomas
               Little
            
             being
             (
             upon
             my
             Lord
             of
             Straffords
             motion
             )
             asked
             ,
             
             about
             the
             time
             of
             my
             Lord
             of
             Straffords
             coming
             from
             Ireland
             .
          
           
             He
             Answered
             ,
             That
             my
             Lord
             Lieutenant
             came
             from
             Ireland
             ,
             Thursday
             12
             Sept.
             1639.
             and
             landed
             the
             next
             day
             ,
             and
             came
             to
             London
             21
             Sept
             ,
             1639.
             
          
           
             Mr.
             Ralton
             being
             examined
             to
             the
             same
             point
             .
          
           
             Answered
             ,
             He
             very
             well
             remembred
             my
             Lord
             came
             to
             London
             21
             
             Sept.
             1639.
             
          
           
             For
             the
             words
             themselves
             ,
             
               That
               the
               Scotch
               Nation
               are
               Rebels
               and
               Traitors
               ,
               and
               that
               he
               will
               root
               them
               out
               Root
               and
               Branch
               ,
            
             the
             Witness
             is
             a
             single
             Testimony
             ;
             their
             Lordships
             see
             how
             true
             he
             is
             in
             the
             first
             part
             of
             it
             ,
             and
             he
             is
             equally
             true
             in
             the
             second
             .
          
           
             The
             other
             Testimony
             is
             one
             
               Iohn
               Loftus
            
             ,
             and
             he
             sayes
             my
             Lord
             of
             Strafford
             wanted
             terms
             to
             express
             the
             heinousness
             of
             that
             offence
             ,
             and
             he
             hoped
             to
             have
             such
             of
             the
             Scotch
             Nation
             ,
             as
             would
             not
             submit
             to
             the
             Ecclesiastical
             Government
             ,
             rooted
             out
             Stock
             and
             Branch
             from
             that
             Kingdom
             And
             this
             (
             said
             my
             Lord
             )
             is
             quite
             another
             thing
             ,
             and
             no
             way
             agreeing
             ;
             with
             the
             former
             ,
             but
             nearer
             the
             truth
             ,
             and
             far
             from
             rooting
             out
             the
             Scotch
             Nation
             ;
             for
             there
             are
             but
             few
             that
             submit
             not
             to
             the
             English
             Church-Government
             .
          
           
             So
             there
             is
             left
             only
             one
             single
             Testimony
             of
             the
             Schoolmaster
             ,
             that
             hath
             not
             learned
             his
             Lesson
             perfectly
             ,
             but
             is
             taken
             tardy
             ,
             as
             if
             he
             were
             a
             Scholar
             ;
             and
             the
             other
             makes
             it
             quite
             another
             business
             :
             And
             as
             they
             have
             offered
             these
             things
             ,
             and
             have
             not
             proved
             them
             ,
             by
             more
             than
             one
             single
             testimony
             ,
             and
             he
             a
             very
             infirm
             one
             ▪
             He
             ,
             my
             Lord
             of
             Strafford
             ,
             besought
             their
             
             Lordships
             that
             he
             might
             call
             for
             a
             Witness
             or
             two
             ,
             that
             were
             there
             ,
             and
             heard
             all
             that
             passed
             ,
          
           
             Sir
             
               Philip
               Manwaring
            
             (
             my
             Lord
             said
             )
             was
             a
             Judge
             of
             the
             Court
             ,
             and
             nearer
             him
             than
             the
             Witness
             ,
             and
             likely
             to
             hear
             more
             distinctly
             :
          
           
             Sir
             Philip
             being
             asked
             what
             the
             words
             were
             ,
             and
             of
             what
             nature
             they
             
             were
             ,
             whether
             they
             were
             not
             restrained
             to
             the
             Faction
             of
             the
             Covenanters
             ,
             and
             them
             that
             would
             not
             take
             the
             Oath
             in
             Ireland
             ,
             and
             not
             the
             Nation
             it self
             ?
          
           
             He
             Answered
             ,
             That
             he
             was
             present
             that
             day
             ,
             and
             sate
             within
             the
             Court
             and
             within
             hearing
             ,
             so
             that
             he
             heard
             every
             word
             that
             fell
             from
             my
             Lord
             Deputy
             :
             it
             is
             true
             ,
             his
             Speech
             there
             was
             very
             long
             ,
             but
             he
             shall
             repeat
             no
             more
             of
             it
             ,
             than
             that
             he
             conceives
             pertinent
             to
             the
             present
             occasion
             ,
             that
             is
             ,
             Whether
             he
             should
             say
             these
             words
             ,
             
               Against
               the
               whole
               Nation
            
             ,
             or
             speak
             only
             to
             the
             Faction
             ,
             and
             properly
             ,
             and
             pertinently
             ,
             shun
             the
             word
             Nation
             .
             It
             was
             on
             the
             occasion
             of
             Mr.
             Stuart
             ,
             who
             stood
             at
             the
             Bar
             with
             his
             Wife
             and
             Daughters
             ,
             and
             Gray
             ;
             My
             Lord
             telling
             him
             he
             was
             sorry
             ,
             that
             bearing
             the
             name
             he
             did
             ,
             he
             should
             be
             the
             only
             man
             that
             carried
             himself
             with
             that
             disobedience
             ,
             and
             my
             Lord
             expatiated
             very
             much
             ,
             and
             in
             conclusion
             said
             ,
          
           
             
               That
               Scotish
               Nation
            
             (
             with
             respect
             I
             speak
             of
             it
             )
             for
             I
             know
             there
             be
             among
             them
             gallant
             and
             worthy
             persons
             ,
             and
             I
             have
             great
             experience
             of
             them
             ,
             and
             of
             the
             Loyalty
             and
             Faith
             they
             bear
             to
             their
             Sovereign
             ;
             but
             there
             is
             a
             Faction
             amongst
             them
             ,
             which
             I
             shall
             endeavour
             ,
             as
             near
             as
             I
             can
             ,
             to
             bring
             to
             that
             obedience
             ,
             at
             least
             ,
             to
             keep
             them
             that
             are
             within
             this
             Kingdom
             ,
             to
             that
             Obedience
             ,
             Loyalty
             ,
             and
             Duty
             ,
             that
             Subjects
             ought
             to
             bear
             .
          
           
             Being
             asked
             ,
             Whether
             my
             Lord
             did
             not
             express
             himself
             at
             that
             time
             ,
             that
             he
             would
             not
             take
             on
             him
             to
             judge
             any
             thing
             of
             the
             Action
             in
             Scotland
             ,
             not
             knowing
             the
             Law
             of
             that
             Kingdom
             ;
             but
             such
             of
             that
             Nation
             ,
             as
             are
             here
             in
             Ireland
             ;
             if
             they
             will
             not
             submit
             to
             the
             Government
             of
             Ireland
             ,
             he
             will
             do
             the
             best
             he
             can
             ,
             they
             shall
             not
             stay
             here
             ?
          
           
             He
             Answered
             ,
             That
             it
             is
             very
             true
             ,
             my
             Lord
             Deputy
             did
             at
             that
             time
             speak
             to
             that
             purpose
             ,
             as
             near
             as
             he
             can
             remember
             in
             truth
             
               (
               viz.
            
             )
             That
             he
             did
             not
             know
             the
             Laws
             nor
             Customs
             of
             that
             Kingdom
             ;
             therefore
             would
             say
             nothing
             to
             them
             ;
             but
             for
             so
             much
             as
             concern'd
             the
             Kingdom
             of
             Ireland
             ,
             and
             the
             keeping
             of
             the
             King's
             Subjects
             in
             Loyalty
             and
             Obedience
             there
             ,
             he
             would
             do
             his
             best
             to
             preserve
             that
             .
          
           
             Being
             asked
             (
             on
             Mr.
             
             Glyn's
             motion
             )
             whether
             he
             heard
             these
             words
             
               Root
               and
               Branch
            
             ,
             or
             
               Stock
               and
               Branch
            
             ?
          
           
             He
             Answered
             ,
             In
             truth
             he
             did
             not
             .
          
           
             Robert
             Lord
             Dillon
             being
             asked
             to
             the
             words
             spoken
             by
             my
             Lord
             of
             
             Strafford
             in
             the
             Castle-Chamber
             at
             the
             Sentence
             ,
             and
             how
             he
             expressed
             him-himself
             concerning
             the
             Nation
             of
             Scotland
             ?
          
           
           
             He
             Answered
             ,
             That
             he
             confesses
             ,
             it
             hath
             been
             his
             custom
             (
             and
             it
             may
             be
             it
             is
             an
             ill
             one
             )
             never
             to
             mind
             words
             spoken
             in
             the
             place
             ,
             unless
             he
             supposes
             he
             shall
             be
             called
             to
             account
             for
             them
             :
             he
             remembers
             my
             Lord
             spake
             of
             the
             refusing
             of
             the
             Oath
             ,
             and
             of
             some
             rigor
             to
             them
             that
             should
             refuse
             it
             ,
             but
             for
             particular
             words
             ,
             he
             members
             not
             .
          
           
             Sir
             
               Adam
               Loftus
            
             being
             asked
             what
             he
             heard
             of
             these
             words
             ?
             
          
           
             He
             Answered
             ,
             That
             he
             was
             at
             the
             Censure
             ,
             but
             truly
             he
             cannot
             burden
             his
             memory
             with
             any
             the
             words
             that
             tend
             to
             this
             question
             ;
             It
             was
             a
             great
             while
             agoe
             ,
             and
             he
             little
             thought
             they
             should
             come
             to
             any
             recapitulation
             of
             them
             ,
             and
             in
             truth
             he
             doth
             not
             remember
             them
             .
          
           
             Being
             asked
             whether
             Stuarts
             Sentence
             was
             not
             given
             by
             the
             unanimous
             Vote
             of
             the
             whole
             Council
             ?
          
           
             He
             Answered
             ,
             Indeed
             he
             believes
             it
             was
             .
          
           
             Sir
             
               Philip
               Manwaring
            
             being
             asked
             ,
             what
             he
             heard
             the
             Master
             of
             the
             Rolls
             say
             that
             day
             ?
          
           
             He
             Answered
             ,
             That
             coming
             from
             the
             Castle-Chamber
             ,
             waiting
             on
             my
             
             Lord
             Deputy
             to
             the
             Castle
             ,
             where
             many
             Dined
             ,
             and
             all
             that
             had
             been
             Judges
             ;
             and
             Mr.
             Wainsford
             ,
             the
             Master
             of
             the
             Rolls
             ,
             took
             occasion
             to
             speak
             to
             my
             Lord
             Deputy
             ,
             in
             his
             (
             the
             said
             Sir
             Philips
             )
             hearing
             ,
             and
             commended
             him
             for
             carrying
             himself
             with
             that
             caution
             ,
             that
             he
             had
             no
             way
             reflected
             on
             the
             Nation
             ,
             but
             the
             Faction
             in
             that
             Kingdom
             ,
             and
             had
             shunned
             the
             words
             ,
             which
             might
             reflect
             on
             the
             Nation
             .
          
           
             And
             so
             his
             Lordship
             concluded
             his
             Defence
             ,
             and
             said
             ,
             he
             hoped
             that
             there
             was
             nothing
             proved
             that
             should
             touch
             him
             so
             deeply
             as
             Treason
             ;
             for
             if
             the
             obeying
             of
             the
             Commands
             of
             this
             Case
             be
             so
             great
             a
             crime
             ,
             he
             must
             confess
             ,
             if
             it
             were
             to
             do
             again
             (
             being
             not
             better
             informed
             by
             wiser
             men
             ,
             tho
             hereafter
             he
             may
             be
             better
             informed
             ,
             and
             prevent
             it
             )
             he
             should
             be
             that
             Trairor
             over
             again
             ,
             and
             do
             the
             self-same
             thing
             again
             :
             and
             therefore
             if
             he
             had
             done
             it
             out
             of
             ignorance
             ,
             he
             hopes
             their
             Lordships
             will
             not
             look
             on
             him
             as
             having
             any
             evil
             intention
             or
             wicked
             purpose
             ,
             but
             to
             serve
             His
             Majesty
             with
             faithfulness
             ,
             which
             he
             hopes
             will
             procure
             an
             easier
             judgement
             from
             their
             Lordships
             ,
             than
             to
             think
             of
             a
             High
             Treason
             in
             this
             Article
             .
          
           
             And
             then
             Mr.
             Whitlock
             made
             Reply
             thereunto
             ,
             in
             substance
             as
             followeth
             .
             
          
           
             That
             in
             his
             Answer
             to
             my
             Lord
             of
             
             Strafford's
             Defence
             ,
             he
             shall
             begin
             with
             that
             ,
             which
             his
             Lordship
             was
             pleased
             to
             mention
             last
             ,
             and
             also
             at
             the
             beginning
             ,
             
               That
               this
               should
               not
               be
               accounted
               Treason
               ,
               he
               knows
               not
               the
               Illegality
               of
               it
               ,
               and
               if
               it
               were
               to
               be
               done
               again
               ,
               he
               would
               do
               it
               on
               that
               Command
               .
            
             Whence
             Mr.
             Whitlock
             observed
             ,
             that
             his
             slighting
             ,
             or
             rather
             justifying
             of
             this
             offence
             ,
             when
             he
             is
             told
             in
             this
             great
             Presence
             ,
             that
             it
             is
             
             against
             Law
             ,
             and
             will
             be
             made
             good
             ,
             and
             appear
             to
             be
             against
             Law
             ,
             is
             a
             great
             aggravation
             of
             the
             offence
             .
          
           
             It
             is
             well
             known
             ,
             that
             a
             new
             Oath
             cannot
             be
             Imposed
             without
             Assent
             in
             Parliament
             .
             It
             is
             
               legistativa
               potestas
            
             ;
             The
             Oath
             of
             Allegiance
             is
             as
             antient
             as
             our
             allegiance
             ,
             and
             nothing
             needed
             to
             have
             been
             added
             to
             that
             :
             and
             ,
             had
             it
             been
             tendered
             to
             them
             ,
             as
             it
             might
             have
             been
             by
             Law
             ,
             this
             would
             have
             performed
             the
             Kings
             Command
             ,
             which
             ,
             under
             favour
             ,
             went
             no
             farther
             ,
             and
             would
             have
             been
             sufficient
             security
             of
             what
             was
             doubted
             and
             feared
             :
             But
             ,
             my
             Lord
             of
             Strafford
             will
             go
             farther
             ;
             the
             Oath
             that
             the
             Law
             enjoyns
             doth
             not
             please
             him
             ,
             he
             must
             have
             a
             new
             one
             framed
             by
             himself
             ,
             and
             published
             by
             his
             Authority
             ,
             thereby
             to
             make
             his
             Authority
             equal
             to
             an
             Act
             of
             Parliament
             .
          
           
             'T
             is
             indeed
             believed
             ,
             there
             were
             some
             apprehensions
             of
             dangers
             in
             Ireland
             ,
             by
             the
             great
             number
             of
             the
             Scots
             there
             ,
             and
             a
             Covenant
             in
             Scotland
             then
             Sworn
             ,
             but
             that
             Covenant
             is
             not
             to
             be
             medled
             withal
             now
             .
             The
             Charge
             enforced
             against
             my
             Lord
             of
             Strafford
             ,
             is
             not
             his
             Care
             of
             preventing
             danger
             to
             the
             Kingdom
             ,
             but
             that
             he
             caused
             a
             new
             and
             unusual
             Oath
             to
             be
             Imposed
             ;
             and
             particularly
             ,
             that
             they
             should
             submit
             to
             all
             the
             Kings
             Royal
             Commands
             .
          
           
             The
             Committee
             confess
             ,
             and
             think
             ,
             no
             man
             had
             ever
             yet
             a
             heart
             to
             doubt
             ,
             That
             the
             King
             would
             command
             any
             thing
             that
             should
             be
             against
             Law
             :
             But
             ,
             it
             hath
             been
             sufficiently
             proved
             ,
             that
             my
             Lord
             of
             Strafford
             (
             a
             Subordinate
             Minister
             under
             the
             King
             )
             hath
             published
             his
             own
             Commands
             in
             the
             Kings
             Name
             ,
             which
             are
             not
             Justificable
             ,
             nor
             according
             to
             Law
             :
             And
             that
             ,
             under
             favour
             ,
             might
             be
             a
             good
             cause
             for
             the
             Scots
             ,
             to
             be
             tender
             of
             taking
             his
             Oath
             ;
             knowing
             ,
             that
             these
             Commands
             here
             ,
             were
             not
             His
             Majesties
             Immediate
             Commands
             ,
             but
             the
             Commands
             of
             my
             Lord
             of
             Strafford
             ,
             which
             they
             saw
             many
             times
             so
             unlawful
             and
             exorbitant
             .
          
           
             My
             Lord
             of
             Strafford
             hath
             produced
             diverse
             Witnesses
             ,
             to
             prove
             ,
             It
             was
             Debated
             on
             at
             Council-Board
             ;
             And
             ,
             that
             the
             Scots
             did
             chearfully
             take
             the
             Oath
             :
             but
             ,
             in
             this
             ,
             he
             hath
             laboured
             to
             disprove
             his
             own
             Answer
             ,
             which
             is
             ,
             That
             the
             Scots
             came
             up
             ,
             and
             desired
             to
             have
             an
             Oath
             ;
             whereas
             it
             appears
             ,
             the
             Council-Table
             thought
             fit
             to
             send
             for
             them
             by
             Letters
             ,
             under
             his
             Lordships
             hand
             ;
             and
             it
             was
             propounded
             to
             them
             to
             take
             such
             an
             Oath
             .
          
           
             He
             sayes
             ,
             himself
             put
             these
             words
             into
             the
             Petition
             ;
             
               In
               equal
               manner
               and
               measure
               with
               other
               His
               Majesties
               Subjects
               :
            
             Which
             showes
             ,
             That
             my
             Lord
             of
             Strafford
             himself
             had
             the
             Perusal
             and
             Correction
             of
             this
             Petition
             ,
             which
             is
             a
             good
             Proof
             ,
             that
             he
             contrived
             the
             Oath
             .
          
           
             The
             Petition
             doth
             only
             beseech
             my
             Lord
             Deputy
             ,
             That
             an
             Oath
             might
             be
             framed
             to
             vindicate
             themselves
             from
             the
             Faction
             of
             their
             Countrymen
             ,
             and
             the
             Covenant
             ,
             which
             they
             might
             have
             done
             by
             the
             Legal
             Oath
             ,
             the
             Oath
             of
             Allegiance
             .
             But
             he
             put
             something
             in
             above
             what
             they
             desired
             ,
             and
             that
             was
             ,
             for
             submission
             to
             all
             the
             Kings
             Royal
             Commands
             :
             which
             may
             extend
             to
             Liberty
             ,
             to
             Property
             of
             Goods
             ,
             and
             so
             is
             a
             great
             deal
             further
             ,
             than
             His
             Majesty
             was
             pleased
             to
             Command
             by
             His
             Letter
             ,
             wherein
             there
             was
             nothing
             but
             what
             was
             very
             fit
             to
             be
             commanded
             by
             my
             Lord
             of
             Strafford
             ,
             and
             very
             fit
             for
             him
             to
             obey
             .
          
           
             And
             ,
             What
             if
             my
             Lord
             of
             Strafford
             should
             procure
             a
             Letter
             from
             His
             Majesty
             to
             do
             that
             ,
             which
             is
             not
             warrantable
             by
             Law
             ?
             the
             Kings
             considerations
             are
             far
             above
             the
             particular
             Points
             of
             the
             Municipal
             Law
             of
             this
             Kingdom
             ;
             He
             cannot
             know
             them
             ,
             but
             is
             to
             be
             enformed
             of
             them
             by
             His
             
             Ministers
             :
             Now
             ,
             if
             my
             Lord
             of
             Strafford
             shall
             misinforme
             Him
             ,
             and
             desire
             to
             have
             that
             by
             His
             Authority
             ,
             which
             is
             not
             warrantable
             by
             Law
             ,
             the
             fault
             is
             my
             Lord
             of
             Straffords
             ;
             and
             ,
             it
             much
             aggravates
             the
             Crime
             ;
             but
             ,
             the
             Kings
             Letter
             doth
             not
             warrant
             my
             Lord
             of
             Strafford
             ,
             for
             he
             hath
             proceeded
             further
             .
          
           
             He
             sayes
             ,
             concerning
             the
             Censure
             of
             Mr.
             Stuart
             ,
             That
             he
             delivered
             his
             Opinion
             among
             the
             rest
             :
             but
             ,
             their
             Lordships
             may
             remember
             ,
             he
             went
             as
             high
             as
             to
             charge
             him
             with
             Treason
             .
             It
             is
             true
             ,
             the
             Bishop
             of
             Derry
             conceived
             it
             might
             be
             Treason
             ;
             And
             ,
             the
             Primate
             said
             ,
             The
             Denial
             of
             the
             former
             part
             might
             be
             Treason
             ,
             but
             not
             the
             latter
             :
             but
             ,
             my
             Lord
             of
             Strafford
             conceived
             the
             latter
             part
             to
             be
             Treason
             too
             :
             And
             therefore
             ,
             surely
             ,
             his
             Opinion
             had
             more
             harshness
             and
             severity
             then
             the
             rest
             ;
             and
             ,
             being
             his
             Opinion
             ,
             it
             was
             of
             sufficient
             weight
             to
             carry
             along
             with
             him
             all
             the
             rest
             :
             and
             ,
             that
             which
             was
             his
             own
             Act
             at
             the
             beginning
             ,
             which
             he
             Contrived
             and
             Treated
             with
             the
             Scotch
             Lords
             and
             Gentlemen
             ,
             That
             he
             persues
             in
             his
             Sentence
             ;
             and
             ,
             if
             others
             joyn
             with
             him
             in
             a
             hard
             Sentence
             against
             Law
             ,
             his
             fault
             is
             not
             the
             less
             ,
             but
             rather
             the
             greater
             ,
             to
             draw
             others
             into
             the
             same
             fault
             .
          
           
             His
             Lordship
             says
             little
             of
             the
             Fine
             that
             is
             paid
             .
             It
             is
             true
             ,
             it
             cannot
             be
             proved
             how
             much
             was
             paid
             ;
             but
             ,
             those
             that
             were
             Fined
             continued
             in
             Prison
             till
             very
             lately
             ,
             for
             that
             Fine
             .
          
           
             And
             ,
             whereas
             he
             sayes
             ,
             Any
             ,
             taking
             the
             Oath
             ,
             might
             have
             been
             Released
             the
             next
             day
             .
             It
             is
             the
             more
             Cruelly
             done
             ,
             to
             keep
             them
             in
             Prison
             till
             they
             take
             an
             Oath
             ,
             who
             cannot
             satisfie
             their
             Consciences
             ,
             that
             they
             may
             take
             it
             .
          
           
             My
             Lord
             sayes
             ,
             If
             one
             refuse
             the
             Oath
             of
             Allegiance
             in
             this
             Kingdom
             ,
             he
             shall
             incur
             a
             Premunire
             ,
             and
             this
             Sentence
             was
             more
             moderate
             ,
             Indeed
             ,
             if
             that
             had
             been
             tendered
             ,
             they
             had
             incurred
             the
             like
             sentence
             ,
             and
             that
             might
             serve
             the
             turn
             ;
             but
             ,
             my
             Lord
             must
             stretch
             his
             power
             higher
             ,
             and
             above
             the
             Law
             ;
             He
             would
             frame
             a
             new
             Law
             ;
             and
             ,
             for
             not
             observing
             that
             ,
             a
             new
             Punishment
             too
             .
          
           
             He
             sayes
             ,
             There
             is
             nothing
             of
             the
             Ecclesiastical
             Discipline
             in
             the
             Oath
             :
             but
             ,
             the
             Witnesses
             expresse
             it
             ,
             that
             my
             Lord
             interpreted
             it
             ,
             to
             extend
             to
             the
             observation
             of
             the
             Ceremonies
             ,
             and
             Government
             of
             the
             Church
             established
             ,
             and
             to
             be
             established
             .
          
           
             His
             denial
             to
             speak
             the
             words
             ,
             
               That
               he
               would
               root
               out
               the
               Scotch
               Nation
               ,
            
             doth
             not
             disprove
             that
             ,
             which
             is
             so
             clearly
             and
             strongly
             proved
             by
             two
             Witnesses
             .
          
           
             He
             sayes
             ,
             He
             should
             be
             Frantick
             ,
             if
             he
             should
             speak
             such
             words
             :
             but
             one
             of
             the
             Witnesses
             said
             ,
             He
             exprest
             himself
             to
             be
             transported
             ,
             and
             that
             he
             knew
             not
             what
             he
             said
             in
             that
             Sentence
             .
          
           
             He
             sayes
             ,
             He
             never
             received
             wrong
             from
             that
             Nation
             ,
             but
             Curtesies
             ,
             then
             those
             words
             show
             the
             more
             Ingratitude
             .
          
           
           
             He
             says
             ,
             Sir
             
               Iames
               Mountgomery
            
             speaks
             nothing
             that
             sticks
             on
             him
             :
             It
             is
             true
             ,
             he
             speaks
             only
             to
             the
             Contravening
             of
             the
             Oath
             ;
             but
             ,
             he
             shows
             that
             to
             be
             expresly
             otherwise
             ,
             then
             in
             my
             Lords
             Answer
             .
          
           
             He
             confesses
             he
             gave
             the
             Oath
             :
             but
             ,
             whether
             he
             did
             or
             no
             ,
             his
             Authority
             Injoyning
             of
             it
             ,
             would
             have
             been
             all
             one
             .
          
           
             He
             says
             ,
             Sir
             
               Iames
               Mountgomery
            
             desired
             the
             words
             ,
             
               Iust
               and
               Lawful
               Commands
            
             ,
             might
             be
             added
             :
             and
             ,
             that
             my
             Lord
             expounded
             it
             ,
             No
             other
             were
             intended
             .
             But
             then
             there
             was
             the
             less
             reason
             to
             deny
             the
             inserting
             some
             of
             them
             ,
             for
             their
             sakes
             that
             were
             tender
             ,
             and
             desired
             to
             have
             them
             put
             in
             ,
             for
             their
             satisfaction
             .
          
           
             He
             sayes
             ,
             That
             Sir
             
               Iohn
               Clotworthy
            
             deposes
             ,
             That
             Multitudes
             of
             the
             Scotch
             Nation
             went
             away
             ;
             but
             ,
             he
             names
             none
             :
             But
             ,
             if
             Sir
             Iohn
             be
             Asked
             ,
             he
             will
             give
             very
             good
             satisfaction
             .
          
           
             Sir
             
               Iohn
               Clotworthy
            
             being
             Asked
             to
             that
             Point
             ?
          
           
             He
             Answered
             ,
             That
             he
             might
             easily
             ,
             amongst
             so
             great
             a
             Multitude
             ,
             Remember
             so
             few
             names
             ;
             and
             when
             he
             heard
             my
             Lord
             of
             Straffords
             Exception
             ,
             Multitudes
             did
             throng
             in
             upon
             him
             ,
             whereof
             he
             did
             now
             particularly
             name
             about
             six
             ,
             and
             said
             ,
             He
             could
             name
             a
             great
             many
             more
             .
          
           
             Being
             Asked
             ,
             concerning
             the
             Execution
             of
             Trueman
             ,
             as
             a
             Traytor
             ,
             for
             the
             matter
             of
             Knockfergus
             ?
          
           
             He
             Answered
             ,
             That
             he
             was
             at
             Knockfergus
             at
             the
             Assizes
             ,
             when
             this
             Trial
             was
             concerning
             this
             Trueman
             ;
             and
             was
             then
             on
             the
             Bench
             ,
             and
             heard
             all
             the
             passages
             of
             the
             business
             ;
             whereof
             he
             made
             this
             brief
             Relation
             as
             followeth
             .
          
           
             This
             Trueman
             
               was
               an
            
             Englishman
             ,
             
               that
               dwelt
               not
               far
               from
            
             Knockfergus
             ,
             
               and
               one
               that
               was
               sent
               about
               the
               Country
               ;
               but
               ,
               by
               whom
               ,
               Sir
            
             John
             
               could
               not
               tell
               :
               but
               ,
               there
               were
               vehement
               Suspitions
               ,
               that
               he
               was
               Imployed
               to
               find
               out
               those
               that
               would
               engage
               in
               Discourse
               concerning
               the
               Scotch
               business
               ;
               he
               spake
               with
               one
               Captain
            
             Giles
             ,
             
               who
               feigned
               himself
               a
               great
               Friend
               of
               the
               Scotch
               Nation
               ;
               and
               said
               ,
               That
               he
               conceived
               they
               were
               greatly
               distressed
               ;
               and
               wished
               ,
               that
               he
               could
               use
               means
               whereby
               they
               might
               be
               eased
               .
               Hence
               he
               discoursed
               with
            
             True-man
             ,
             
               who
               was
               but
               a
               silly
               Man
               ,
               and
               got
               from
               him
               words
               ,
               whereby
               he
               discovered
               a
               good
               will
               to
               the
               Scotch
               Nation
               ;
               and
               some
               discourse
               about
               the
               Castle
               of
            
             Knockfergus
             ;
             
               insomuch
               ,
               that
               he
               got
            
             Truemans
             
               Letter
               to
               recommend
               him
               into
            
             Scotland
             ,
             
               whether
               he
               pretended
               a
               desire
               to
               go
               ,
               to
               serve
               under
               that
               Command
               :
               Upon
               this
               he
               produced
               the
               Letter
               ,
               and
               that
               was
               given
               in
               Evidence
               against
               him
               ,
               and
               so
               he
               was
               Condemned
               and
               Executed
               .
            
          
           
             Mr.
             Whitlock
             proceeded
             ,
             and
             said
             ;
             My
             Lord
             alledgeth
             for
             his
             Justification
             ,
             
             another
             Oath
             ,
             enjoyned
             here
             to
             the
             Scots
             ,
             by
             the
             Authority
             of
             the
             Council-Board
             ;
             but
             ,
             this
             gives
             no
             Countenance
             to
             that
             in
             Ireland
             ;
             for
             
             the
             Oath
             enjoyn'd
             ,
             there
             was
             another
             after
             that
             ,
             enjoyned
             by
             my
             Lord
             of
             Strafford
             :
             therefore
             that
             which
             came
             first
             ,
             can
             receive
             no
             colour
             from
             that
             which
             came
             last
             .
             And
             the
             Oath
             here
             being
             the
             same
             (
             as
             near
             as
             we
             can
             remember
             )
             with
             that
             in
             Ireland
             ,
             was
             rather
             a
             Precedent
             for
             this
             .
             Howsoever
             ,
             the
             Committee
             never
             heard
             that
             the
             Oath
             here
             ,
             was
             executed
             ,
             or
             enjoyned
             to
             any
             .
          
           
             Though
             
               Richard
               Salmon
            
             was
             mistaken
             ,
             in
             point
             of
             time
             ,
             of
             speaking
             those
             words
             of
             the
             Scotch
             Nation
             at
             the
             Sentence
             ;
             yet
             ,
             he
             speaks
             to
             the
             substance
             and
             matter
             of
             the
             Sentence
             and
             Words
             ,
             and
             it
             was
             when
             my
             Lord
             of
             Strafford
             was
             in
             Ireland
             :
             and
             though
             the
             name
             of
             the
             Month
             be
             mistaken
             ,
             it
             cannot
             weaken
             his
             Testimony
             ;
             and
             my
             Lord
             of
             Strafford
             confesses
             he
             was
             at
             the
             Sentence
             ,
             and
             the
             day
             before
             he
             came
             to
             England
             .
          
           
             And
             ,
             with
             him
             ,
             concurs
             Loftus
             ,
             though
             not
             in
             Words
             ,
             yet
             in
             Substance
             .
          
           
             My
             Lord
             produced
             Witnesses
             concerning
             these
             words
             .
             Sir
             
               Philip
               Manwaring
            
             affirms
             ,
             my
             Lord
             said
             ,
             He
             was
             very
             sorry
             
               Stuart
               should
               be
               the
               only
               Man
               :
            
             yet
             ,
             it
             is
             proved
             ,
             that
             diverse
             were
             brought
             to
             Dublin
             ,
             and
             Imprisoned
             there
             ;
             and
             many
             hundreds
             forsook
             the
             Kingdom
             ,
             and
             left
             their
             Estates
             ;
             therefore
             he
             could
             not
             be
             the
             onely
             man.
             But
             ,
             though
             he
             and
             the
             rest
             remember
             not
             the
             words
             ,
             yet
             if
             the
             Witnesses
             produced
             do
             precisely
             remember
             them
             ,
             the
             forgetfulness
             of
             my
             Lord
             of
             Straffords
             Witness
             shall
             not
             at
             all
             Impeach
             the
             other
             .
          
           
             So
             the
             Committee
             concluded
             thus
             ;
             That
             it
             stands
             clear
             ,
             that
             my
             Lord
             of
             Strafford
             hath
             assumed
             a
             power
             to
             himself
             above
             Law
             ,
             to
             Administer
             an
             Oath
             contrary
             to
             Law
             ;
             a
             new
             Oath
             ,
             to
             bind
             Mens
             Consciences
             with
             great
             severity
             .
             He
             said
             formerly
             ,
             He
             would
             make
             an
             Act
             of
             State
             equal
             to
             an
             Act
             of
             Parliament
             ,
             and
             nothing
             can
             make
             an
             Oath
             but
             an
             Act
             of
             Parliament
             ;
             in
             this
             therefore
             he
             is
             as
             good
             as
             his
             word
             .
             This
             is
             an
             assuming
             of
             a
             Power
             above
             Royal-Power
             ;
             for
             an
             Act
             of
             Parliament
             cannot
             be
             made
             ,
             without
             the
             Three
             Estates
             ,
             their
             Lordships
             and
             the
             Commons
             are
             Interested
             in
             it
             ;
             for
             ,
             this
             is
             not
             —
             
               Penes
               Potestatem
               ministri
            
             .
          
           
             Mr.
             Maynard
             added
             ,
             That
             some
             Exceptions
             had
             been
             taken
             against
             Sir
             
               Iames
               Mountgomery
            
             ,
             viz.
             That
             he
             was
             scrupulous
             to
             the
             Petition
             ,
             but
             not
             
             to
             the
             Oath
             .
          
           
             My
             Lord
             of
             Strafford
             takes
             a
             Power
             to
             Administer
             an
             Oath
             .
             It
             is
             hard
             to
             lay
             such
             Bonds
             on
             any
             ;
             but
             ,
             to
             put
             it
             on
             general
             and
             ambiguous
             words
             ,
             is
             much
             harder
             :
             And
             ,
             how
             far
             that
             may
             intrench
             on
             any
             Man
             ,
             if
             for
             refusing
             such
             an
             Oath
             he
             shall
             be
             Sentenced
             in
             the
             Star-Chamber
             ,
             more
             then
             he
             is
             ever
             able
             to
             pay
             ,
             and
             more
             than
             my
             Lord
             of
             Strafford
             confesses
             he
             would
             expect
             payment
             of
             ;
             this
             is
             so
             transcendent
             an
             Incroachment
             ,
             that
             there
             cannot
             be
             a
             greater
             :
             for
             ,
             it
             takes
             away
             Liberty
             of
             Conscience
             ,
             and
             endangers
             the
             whole
             Estate
             .
             And
             ,
             the
             Kings
             Letter
             doth
             not
             justifie
             the
             proceeding
             at
             all
             :
             for
             ,
             had
             my
             Lord
             persued
             that
             ,
             and
             gone
             no
             farther
             ,
             there
             had
             been
             no
             Complaint
             ;
             for
             His
             Majesty
             enjoyned
             him
             to
             take
             an
             Oath
             ,
             that
             might
             distinguish
             one
             from
             another
             ;
             but
             ,
             doth
             not
             enjoyn
             to
             punish
             them
             that
             refused
             it
             :
             the
             Grievance
             is
             the
             Coertion
             of
             it
             ;
             and
             so
             ,
             under
             favour
             ,
             It
             is
             no
             Justification
             .
          
           
           
             Mr.
             Stroude
             added
             ,
             That
             my
             Lord
             of
             Strafford
             ,
             at
             the
             end
             of
             his
             Speech
             ,
             said
             ,
             If
             this
             were
             Treason
             ,
             and
             the
             Occasion
             offered
             ,
             he
             would
             be
             ready
             
             to
             do
             it
             again
             .
             And
             Mr.
             Stroude
             said
             ,
             He
             must
             confess
             he
             doth
             believe
             him
             :
             and
             ,
             this
             makes
             him
             consider
             a
             heavy
             thing
             that
             once
             befel
             this
             Kingdom
             ;
             When
             Gaveston
             came
             to
             over-act
             his
             bold
             offences
             ,
             how
             heavy
             that
             befel
             the
             Kingdom
             ,
             he
             leaves
             to
             their
             Lordships
             Consideration
             .
          
           
             My
             Lord
             of
             Strafford
             desired
             to
             clear
             this
             Point
             ;
             and
             said
             ,
             The
             Gentlemen
             
             is
             a
             great
             way
             off
             him
             ,
             and
             may
             easily
             mistake
             ;
             For
             he
             said
             ,
             
               Were
               it
               again
               to
               do
               ,
               being
               no
               better
               informed
               then
               he
               was
               at
               that
               time
               ,
               he
               should
               do
               it
               :
               But
               now
               he
               understands
               more
               than
               he
               understood
               before
               .
            
             But
             ,
             Mr.
             Stroud
             
             Answered
             ,
             That
             under-favour
             he
             did
             not
             mistake
             my
             Lord
             ;
             for
             ,
             he
             remembred
             ,
             how
             fierce
             my
             Lord
             was
             upon
             an
             Oath
             in
             the
             Case
             of
             the
             Loane
             when
             he
             was
             a
             Commoner
             .
          
           
             My
             Lord
             of
             Strafford
             did
             here
             desire
             a
             Motion
             or
             two
             :
          
           
             The
             First
             Importing
             ,
             That
             he
             should
             be
             very
             unwilling
             any
             thing
             
             should
             befall
             him
             ,
             that
             might
             be
             a
             Prejudice
             to
             the
             Peerage
             of
             the
             Realm
             ;
             and
             ,
             out
             of
             the
             duty
             he
             owes
             to
             that
             ,
             he
             might
             crave
             leave
             humbly
             to
             enform
             their
             Lordships
             ,
             That
             he
             hath
             a
             great
             Family
             in
             Ireland
             ;
             his
             Wife
             and
             Children
             are
             there
             ;
             that
             all
             he
             hath
             is
             seized
             on
             :
             So
             that
             he
             hath
             not
             ,
             as
             he
             protested
             (
             but
             as
             he
             borrowes
             it
             )
             Money
             to
             buy
             Meat
             to
             feed
             himself
             here
             :
             And
             ,
             how
             his
             Wife
             and
             Children
             ,
             and
             Servants
             do
             in
             Ireland
             ,
             he
             knows
             not
             ;
             but
             ,
             that
             they
             are
             under
             the
             Providence
             of
             Almighty
             God.
             That
             it
             is
             a
             heavy
             Case
             ,
             that
             being
             Impeached
             of
             Treason
             (
             and
             Constructive
             Treason
             ,
             he
             hopes
             ,
             it
             will
             prove
             at
             the
             most
             )
             that
             he
             should
             be
             thus
             used
             ,
             being
             a
             Peer
             of
             the
             Realm
             ,
             to
             have
             all
             he
             hath
             taken
             in
             this
             sort
             ,
             and
             his
             Wife
             and
             Children
             ,
             and
             Family
             thus
             unprovided
             for
             ,
             and
             left
             without
             so
             much
             means
             as
             to
             feed
             themselves
             :
             he
             therefore
             besought
             their
             Lordships
             to
             take
             him
             into
             Consideration
             ,
             that
             he
             may
             not
             be
             worse
             than
             the
             meanest
             sort
             of
             people
             ,
             having
             the
             honor
             to
             be
             a
             Peer
             ,
             under
             the
             pretence
             of
             Treason
             .
          
           
             The
             Second
             was
             ,
             That
             ,
             since
             my
             Lord-Keeper
             ,
             and
             my
             Lord
             of
             Northumberland
             may
             be
             very
             good
             Witnesses
             for
             him
             in
             the
             subsequent
             Charge
             ,
             that
             will
             next
             come
             before
             their
             Lordships
             :
             And
             ,
             whether
             my
             Lord
             Cottington
             be
             in
             disposition
             to
             be
             here
             on
             Monday
             ,
             He
             knows
             not
             ;
             that
             therefore
             some
             course
             might
             be
             afforded
             ,
             that
             he
             might
             have
             the
             benefit
             of
             their
             Testimony
             ,
             when
             he
             shall
             come
             to
             Answer
             the
             next
             Charges
             .
          
           
             Being
             demanded
             by
             the
             Lord
             Steward
             ,
             By
             whom
             his
             Goods
             were
             seized
             ?
             and
             ,
             Whether
             by
             the
             Orders
             of
             the
             House
             of
             Commons
             Read
             the
             other
             day
             ,
             that
             their
             Lordships
             might
             clearly
             understand
             him
             ?
             His
             Lordship
             answered
             ,
             Yes
             :
             From
             whence
             Sir
             
               Iohn
               Clotworthy
            
             observed
             ,
             That
             ,
             by
             these
             Orders
             ,
             nothing
             could
             be
             Inferred
             ,
             but
             a
             Sequestration
             of
             the
             advantage
             ,
             that
             might
             possibly
             be
             had
             by
             the
             Tobacco
             ;
             And
             ,
             that
             his
             Lordship
             had
             a
             fair
             Estate
             in
             Ireland
             of
             —
             
               per
               Annum
            
             acquired
             ,
             since
             he
             came
             into
             Ireland
             ,
             which
             is
             not
             at
             all
             touched
             .
          
           
             To
             which
             my
             Lord
             of
             Strafford
             replyed
             ,
             That
             he
             had
             a
             Thousand
             a
             Year
             in
             Ireland
             ,
             and
             that
             was
             all
             :
             And
             ,
             he
             had
             Two
             hundred
             and
             sixty
             
             in
             Family
             ;
             and
             ,
             how
             those
             can
             be
             maintained
             (
             All
             the
             Customs
             being
             seized
             ,
             and
             a
             little
             Money
             he
             had
             ,
             having
             but
             narrowly
             escaped
             )
             he
             desired
             their
             Lordships
             to
             take
             it
             into
             their
             Consideration
             .
          
           
             For
             these
             Particulars
             ,
             his
             Lordship
             had
             direction
             to
             Petition
             to
             their
             Lordships
             ;
             And
             so
             the
             House
             was
             Adjourned
             ,
             and
             Monday
             morning
             next
             appointed
             to
             proceed
             about
             the
             ARTICLES
             .
          
           
             The
             Council
             for
             the
             House
             of
             Commons
             having
             proceeded
             against
             the
             Earl
             of
             Strafford
             Article
             by
             Article
             ,
             till
             they
             came
             to
             Article
             20
             ,
             but
             then
             finding
             the
             following
             Articles
             so
             nearly
             related
             to
             one
             another
             ,
             they
             would
             tye
             themselves
             no
             more
             to
             these
             Rules
             ;
             but
             ,
             pleaded
             for
             Liberty
             ,
             to
             handle
             them
             ,
             not
             as
             they
             lay
             ,
             but
             as
             they
             were
             Related
             to
             one
             another
             :
             And
             ,
             after
             my
             Lord
             Strafford
             had
             long
             and
             vigorously
             opposed
             this
             ,
             my
             Lord
             High
             Steward
             Determined
             the
             Case
             ,
             and
             Ordered
             ,
             They
             should
             be
             handled
             promiscuously
             ,
             and
             
               in
               cumulo
            
             ,
             as
             the
             Council
             for
             the
             Commons-House
             should
             think
             fit
             .
             Therefore
             I
             have
             set
             down
             these
             Articles
             that
             were
             thus
             Debated
             here
             .
          
           
           
           
             THE
             Twentieth
             Article
             .
             
               The
               Charge
            
             .
          
           
             20.
             
             THat
             the
             said
             Earl
             hath
             ,
             in
             the
             Fifteenth
             and
             Sixteenth
             
             years
             of
             His
             Majesties
             Reign
             ,
             and
             divers
             years
             past
             ,
             laboured
             and
             endeavoured
             to
             breed
             in
             His
             Majesty
             an
             ill
             Opinion
             of
             His
             Subjects
             ;
             namely
             of
             those
             of
             the
             Scotch
             Nation
             .
             And
             diverse
             and
             sundry
             times
             ,
             and
             especially
             since
             the
             Pacification
             made
             by
             His
             Majesty
             with
             His
             said
             Subjects
             of
             Scotland
             in
             ,
             Summer
             ,
             in
             the
             Fifteenth
             year
             of
             His
             Majesties
             Reign
             ;
             he
             ,
             the
             said
             Earl
             ,
             did
             labour
             ,
             and
             endeavour
             to
             perswade
             ,
             incite
             ,
             and
             provoke
             His
             Majesty
             to
             an
             Offensive
             War
             against
             His
             said
             Subjects
             of
             the
             Scotch
             Nation
             :
             And
             the
             said
             Earl
             ,
             by
             his
             Counsels
             ,
             Actions
             ,
             and
             Endeavors
             ,
             hath
             been
             ,
             and
             is
             ,
             a
             principal
             and
             chief
             Incendiary
             of
             the
             War
             and
             Discord
             between
             His
             Majesty
             and
             His
             Subjects
             of
             England
             ,
             and
             the
             said
             Subjects
             of
             Scotland
             ,
             and
             hath
             declared
             and
             advised
             His
             Majesty
             ,
             that
             the
             Demands
             made
             by
             the
             Scots
             ,
             in
             their
             Parliament
             ,
             were
             a
             sufficient
             cause
             of
             Warr
             against
             them
             .
          
           
             The
             said
             Earl
             having
             formerly
             expressed
             the
             height
             and
             rancour
             of
             his
             Mind
             towards
             His
             Majesties
             Subjects
             of
             the
             Scotch
             Nation
             ,
             viz.
             the
             Tenth
             day
             of
             October
             ,
             in
             the
             Fifteenth
             year
             of
             His
             Majesties
             Reign
             ,
             he
             said
             ,
             That
             the
             Nation
             of
             the
             Scots
             were
             Rebels
             ,
             and
             Traytors
             ;
             and
             he
             being
             then
             about
             to
             come
             to
             England
             ,
             he
             then
             further
             said
             ,
             That
             if
             it
             pleased
             his
             Master
             (
             meaning
             His
             Majesty
             )
             to
             send
             him
             back
             again
             ,
             he
             would
             root
             out
             of
             the
             said
             Kingdom
             (
             meaning
             the
             said
             Kingdom
             of
             Ireland
             )
             the
             Scotch
             Nation
             ,
             both
             root
             and
             branch
             .
          
           
             Some
             Lords
             and
             others
             ,
             who
             had
             taken
             the
             said
             Oath
             in
             the
             precedent
             Article
             ,
             onely
             excepted
             :
             and
             the
             said
             Earl
             hath
             caused
             diverse
             of
             the
             Ships
             and
             Goods
             of
             the
             Scots
             to
             be
             ●aped
             ,
             seized
             ,
             and
             molested
             ,
             to
             the
             intent
             to
             set
             on
             the
             said
             War.
             
          
           
           
           
             THE
             One
             and
             Twentieth
             Article
             .
             
               The
               Charge
            
             .
          
           
             21.
             
             THat
             the
             said
             Earl
             of
             Strafford
             ,
             shortly
             after
             his
             Speeches
             ,
             
             mentioned
             in
             the
             last
             Precedent
             Articles
             ,
             to
             wit
             ,
             in
             the
             Fifteenth
             year
             of
             His
             Majesties
             Reign
             ,
             came
             into
             this
             Realm
             of
             England
             ,
             and
             was
             made
             Lord
             Lieutenant
             of
             Ireland
             ,
             and
             conti●ed
             his
             Government
             of
             that
             Kingdom
             by
             a
             Deputy
             :
             at
             his
             arrival
             here
             ,
             finding
             that
             His
             Majesty
             ,
             with
             much
             wisdom
             and
             goodness
             ,
             had
             composed
             the
             Troubles
             in
             the
             North
             ,
             and
             had
             a
             Paci●ation
             with
             His
             Subjects
             of
             Scotland
             ;
             he
             laboured
             ,
             by
             all
             means
             ,
             to
             procure
             His
             Majesty
             to
             break
             that
             Pacification
             ,
             Incensing
             His
             Majesty
             against
             His
             Subjects
             of
             that
             Kingdom
             ,
             and
             the
             Proceeding
             of
             the
             Parliament
             there
             .
          
           
             And
             having
             Incited
             His
             Majesty
             to
             an
             Offensive
             War
             ,
             against
             His
             Subjects
             of
             Scotland
             by
             Sea
             and
             Land
             ,
             and
             by
             pretext
             thereof
             to
             raise
             Forces
             for
             the
             maintenance
             of
             that
             War
             ,
             he
             compelled
             His
             Majesty
             to
             call
             a
             Parliament
             in
             England
             :
             yet
             the
             said
             Earl
             intended
             ,
             that
             if
             the
             said
             Proceedings
             of
             that
             Parliament
             should
             not
             be
             ●ch
             ▪
             as
             would
             stand
             with
             the
             said
             Earl
             of
             Straffords
             mischievous
             D●
             ,
             he
             would
             then
             procure
             His
             Majesty
             to
             break
             the
             same
             ,
             and
             ,
             by
             ways
             of
             Force
             and
             Power
             ,
             to
             raise
             Monies
             upon
             the
             Sub●cts
             of
             this
             Kingdom
             .
             And
             ,
             for
             the
             encouragement
             of
             His
             Majesty
             to
             hearken
             to
             his
             Advice
             ,
             he
             did
             ,
             before
             His
             Majesty
             and
             Privy-Council
             ,
             then
             sitting
             in
             Council
             ,
             make
             a
             large
             Declaration
             ,
             That
             he
             would
             serve
             His
             Majesty
             in
             any
             other
             way
             ,
             in
             case
             the
             Parliament
             should
             not
             supply
             him
             .
          
           
           
             THE
             Two
             and
             Twentieth
             Article
             .
             
               The
               Charge
            
             .
          
           
           
             22.
             
             THat
             in
             the
             month
             of
             March
             ,
             before
             the
             beginning
             of
             the
             last
             
             Parliament
             ,
             the
             said
             Earl
             of
             Strafford
             went
             into
             Ireland
             ,
             and
             procured
             the
             Parliament
             of
             that
             Kingdom
             ,
             to
             declare
             their
             assistance
             in
             a
             War
             against
             the
             Scots
             ;
             and
             gave
             ●ns
             for
             the
             raising
             of
             an
             Army
             there
             ,
             consisting
             of
             8000
             Foot
             ,
             and
             1000
             Horse
             ,
             being
             for
             the
             most
             part
             Papists
             as
             aforesaid
             .
             And
             confederating
             with
             one
             Sir
             
               George
               Rateliffe
            
             ,
             did
             together
             with
             him
             the
             said
             Sir
             George
             ,
             traiterously
             conspire
             to
             employ
             the
             said
             Army
             ,
             for
             the
             ruine
             and
             destruction
             of
             the
             Kingdom
             of
             England
             ,
             and
             of
             His
             Majesties
             Subjects
             ,
             and
             of
             altering
             and
             subverting
             of
             the
             fundamental
             Laws
             ,
             and
             established
             Government
             ,
             of
             this
             Kingdom
             .
          
           
             And
             shortly
             after
             ,
             the
             said
             Earl
             of
             Strafford
             re●ited
             into
             England
             ,
             and
             to
             sundry
             persons
             ,
             declared
             his
             opinion
             to
             be
             .
             That
             His
             Majesty
             should
             first
             try
             the
             Parliament
             here
             ,
             and
             if
             that
             did
             not
             supply
             him
             ,
             according
             to
             his
             occasions
             ,
             he
             might
             use
             then
             His
             Prerogative
             as
             he
             pleased
             ,
             to
             levy
             what
             he
             needed
             ;
             and
             that
             he
             should
             be
             acquitted
             both
             of
             God
             and
             Man
             ,
             if
             he
             took
             some
             other
             courses
             to
             supply
             himself
             ,
             though
             it
             were
             against
             the
             Wills
             of
             His
             Subjects
             .
          
           
           
           
             THE
             Three
             and
             Twentieth
             Article
             .
             
               The
               Charge
            
             ,
          
           
             23.
             
             THat
             upon
             the
             Thirteenth
             day
             of
             April
             last
             ,
             the
             Parliament
             
             of
             England
             ,
             〈◊〉
             and
             the
             Commons
             House
             (
             then
             being
             the
             representative
             Body
             of
             all
             the
             Commons
             in
             the
             Kingdom
             )
             did
             according
             to
             the
             Trust
             reposed
             in
             them
             ,
             enter
             into
             Debate
             and
             Consideration
             of
             the
             great
             grievances
             of
             this
             Kingdom
             ,
             both
             in
             respect
             of
             Religion
             ,
             and
             the
             publique
             Liberty
             of
             the
             Kingdom
             ;
             and
             His
             Majesty
             referring
             chiefly
             to
             the
             said
             Earl
             of
             Strafford
             ,
             and
             the
             Archbishop
             of
             Canterbury
             ,
             the
             ordering
             and
             disposing
             of
             all
             matters
             concerning
             the
             Parliament
             :
             He
             the
             said
             Earl
             of
             Strafford
             ,
             with
             the
             assistance
             of
             the
             said
             Archbishop
             ,
             did
             procure
             His
             Majesty
             by
             sundry
             Speeches
             and
             Messages
             ,
             to
             urge
             the
             said
             Commons
             House
             ,
             to
             enter
             into
             some
             resolution
             for
             His
             Majesties
             Supply
             ,
             for
             maintainance
             of
             His
             War
             against
             his
             Subjects
             of
             Scotl
             before
             any
             course
             taken
             for
             the
             relief
             of
             the
             great
             and
             pressing
             Grievances
             ,
             wherewith
             this
             Kingdom
             was
             then
             afflicted
             .
             Whereupon
             a
             demand
             was
             then
             made
             from
             His
             Majesty
             of
             12
             Subsidies
             ,
             for
             the
             release
             of
             Ship
             money
             only
             ;
             and
             while
             the
             said
             Commons
             then
             Assembled
             (
             with
             expression
             of
             great
             affection
             to
             His
             Majesty
             ,
             and
             His
             Service
             )
             were
             in
             Debate
             and
             Consideration
             concerning
             some
             Supply
             ,
             before
             any
             resolution
             by
             them
             made
             ,
             He
             the
             said
             Earl
             of
             Strafford
             ,
             with
             the
             help
             and
             assistance
             of
             the
             said
             Archbishop
             ,
             did
             procure
             His
             Majesty
             to
             Dissolve
             the
             said
             Parliament
             ,
             upon
             the
             5th
             day
             of
             May
             last
             ;
             and
             upon
             the
             same
             day
             ,
             the
             said
             Earl
             of
             Strafford
             did
             treacherously
             ,
             falsly
             and
             maliciously
             ,
             endeavour
             to
             incense
             His
             Majesty
             against
             His
             loving
             and
             faithful
             Subjects
             ,
             who
             had
             been
             Members
             of
             the
             said
             House
             of
             Commons
             ,
             by
             telling
             His
             Majesty
             they
             had
             denyed
             to
             supply
             Him.
             And
             afterwards
             upon
             the
             same
             day
             ,
             did
             traiterously
             and
             wickedly
             counsel
             and
             advise
             His
             Majesty
             to
             this
             effect
             ,
             viz.
             That
             having
             tryed
             the
             affections
             of
             His
             People
             ,
             He
             was
             loose
             and
             absolved
             from
             all
             rules
             of
             Government
             ,
             and
             that
             he
             was
             to
             do
             every
             thing
             that
             Power
             would
             admit
             ;
             and
             that
             His
             Majesty
             had
             tryed
             all
             ways
             ,
             and
             was
             refused
             ,
             and
             should
             be
             acquitted
             towards
             God
             and
             Man
             ;
             and
             that
             He
             had
             an
             Army
             in
             Ireland
             (
             meaning
             the
             Army
             above-mentioned
             ,
             consisting
             of
             Papists
             ,
             his
             Dependants
             ,
             as
             is
             aforesaid
             )
             which
             he
             might
             imploy
             to
             reduce
             this
             Kingdom
             .
          
           
           
           
             THE
             Four
             and
             Twentieth
             Article
             .
             
               The
               Charge
            
             ,
          
           
             24.
             
             THat
             in
             the
             same
             month
             of
             May
             ,
             he
             the
             said
             Earl
             of
             Strafford
             ,
             
             falsly
             ,
             traiterously
             ,
             and
             maliciously
             ,
             published
             and
             deciared
             before
             others
             of
             His
             Majesties
             Privy
             Council
             ,
             That
             the
             Parliament
             of
             England
             had
             forsaken
             the
             King
             ,
             and
             that
             in
             denying
             to
             supply
             the
             King
             ,
             they
             had
             given
             him
             advantage
             to
             supply
             himself
             by
             other
             wayes
             ;
             and
             several
             other
             times
             he
             did
             maliciously
             ,
             wickedly
             ,
             and
             falsly
             ,
             publish
             ,
             and
             declare
             ,
             That
             seeing
             the
             Parliament
             had
             refused
             to
             supply
             His
             Majesty
             in
             the
             ordinary
             and
             usual
             way
             ,
             the
             King
             might
             provide
             for
             the
             Kingdom
             in
             such
             wayes
             ,
             as
             he
             should
             hold
             fit
             ,
             and
             that
             he
             was
             not
             to
             suffer
             himself
             to
             be
             mastered
             by
             the
             frowardness
             and
             undutifulness
             of
             the
             people
             :
             And
             having
             so
             maliciously
             slandered
             the
             said
             late
             House
             of
             Commons
             ,
             he
             did
             ,
             with
             the
             help
             and
             advice
             of
             the
             said
             Archbishop
             of
             Canterbury
             ,
             and
             the
             Lord
             Finch
             ,
             late
             Lord
             Keeper
             of
             the
             Great
             Seal
             of
             England
             ,
             cause
             to
             be
             printed
             and
             published
             in
             His
             Majesties
             Name
             ,
             a
             false
             and
             scandalous
             Book
             ,
             Entituled
             ,
             
               His
               Majesties
               Declaration
               of
               the
               Causes
               that
               moved
               him
               to
               Dissolve
               the
               last
               Parliament
               ,
            
             Full
             of
             bitter
             and
             malicious
             Invectives
             ,
             and
             false
             ,
             and
             scandalous
             aspersions
             against
             the
             said
             House
             of
             Commons
             .
          
        
         
           
           
             Monday
             ,
             April
             5.
             1641.
             
          
           
             THE
             Right
             Honourable
             the
             Lord
             Steward
             did
             this
             day
             
             in
             the
             first
             place
             ,
             acquaint
             the
             Gentlemen
             that
             managed
             the
             Evidence
             at
             the
             Bar
             ,
             That
             their
             Lordships
             had
             commanded
             him
             to
             let
             them
             know
             ,
             that
             my
             Lord
             of
             Strafford
             on
             Saturday
             in
             the
             evening
             ,
             gave
             in
             his
             Petition
             for
             the
             examination
             of
             my
             Lord
             of
             Northumberland
             ;
             and
             that
             he
             coming
             in
             so
             late
             ,
             it
             happened
             so
             ,
             that
             the
             Gentlemen
             of
             the
             House
             of
             Commons
             could
             not
             possibly
             have
             leave
             to
             cross
             examine
             ,
             and
             so
             the
             examinations
             are
             come
             only
             on
             one
             side
             ,
             sealed
             up
             ;
             wherefore
             his
             Lordship
             proposed
             ,
             that
             things
             might
             for
             the
             present
             be
             so
             carried
             ,
             as
             the
             proceedings
             of
             this
             day
             might
             not
             be
             hindred
             thereby
             .
          
           
             Mr.
             Whitlock
             Answered
             ,
             That
             they
             shall
             go
             on
             according
             to
             their
             Lordships
             
             Order
             ,
             but
             he
             desired
             the
             cross-examination
             of
             my
             Lord
             of
             Northumberland
             ,
             and
             the
             Testimony
             of
             some
             other
             witnesses
             that
             are
             sent
             for
             ,
             and
             not
             yet
             come
             (
             whose
             names
             they
             shall
             give
             in
             )
             may
             be
             reserved
             .
          
           
             To
             which
             my
             Lord
             of
             Strafford
             replyed
             ,
             That
             the
             motion
             is
             very
             new
             to
             
             him
             ,
             and
             in
             these
             things
             of
             form
             ,
             he
             may
             be
             easily
             mistaken
             ,
             and
             prejudiced
             before
             he
             is
             aware
             :
             That
             to
             their
             cross-examining
             of
             my
             Lord
             of
             Northumberland
             ,
             he
             is
             very
             willing
             ;
             but
             for
             examining
             of
             Witnesses
             ,
             whose
             Names
             are
             not
             yet
             known
             ,
             and
             to
             have
             such
             a
             Latitude
             as
             to
             reserve
             supplemental
             proof
             ,
             he
             conceives
             may
             be
             hard
             ,
             and
             so
             appeals
             to
             their
             Lordships
             ,
             whither
             their
             Lordships
             will
             not
             have
             them
             name
             their
             Witnesses
             ,
             and
             assigne
             them
             a
             certain
             time
             ,
             within
             which
             they
             shall
             examine
             them
             .
             And
             he
             desires
             likewise
             ,
             the
             examination
             of
             my
             Lord
             Keeper
             ,
             who
             is
             not
             yet
             examined
             ,
             may
             be
             reserved
             for
             him
             .
             And
             likewise
             that
             my
             Lord
             of
             Canterbury
             may
             be
             examined
             ,
             he
             having
             been
             examined
             ,
             (
             as
             he
             understood
             )
             against
             him
             ,
             which
             if
             he
             had
             not
             been
             ,
             he
             should
             not
             have
             moved
             it
             :
             and
             that
             the
             advantage
             of
             their
             two
             Testimonies
             may
             be
             reserved
             to
             him
             .
          
           
             But
             Mr.
             Whitlock
             and
             Mr.
             Maynard
             thus
             explained
             it
             ,
             that
             they
             intend
             
             not
             to
             examine
             those
             who
             are
             not
             yet
             named
             in
             writing
             ,
             but
             to
             produce
             them
             
               viva
               voce
            
             ;
             and
             that
             they
             should
             take
             the
             boldness
             to
             name
             one
             of
             them
             to
             their
             Lordships
             ,
             and
             that
             is
             Mr.
             Sergeant
             Glanvile
             ,
             who
             was
             sent
             for
             eight
             days
             since
             ,
             and
             will
             be
             in
             Town
             to
             night
             ,
             And
             for
             my
             Lord
             of
             Canterbury
             ,
             if
             they
             have
             examined
             him
             ,
             it
             was
             before
             his
             Charge
             ,
             and
             they
             shall
             make
             no
             use
             of
             his
             examination
             ,
             neither
             is
             he
             a
             person
             capable
             of
             being
             a
             Witness
             ,
             being
             now
             charged
             ,
             and
             in
             some
             particulars
             ,
             for
             conspiring
             with
             the
             Lords
             at
             the
             Bar
             ,
             and
             therefore
             they
             submit
             it
             ,
             whether
             it
             be
             convenient
             he
             should
             be
             examined
             ,
             though
             if
             they
             shall
             urge
             his
             Testimony
             ,
             it
             will
             be
             something
             ;
             and
             likewise
             their
             Lordships
             over-ruled
             it
             in
             Sir
             George
             Ratcliff's
             Case
             .
             But
             my
             Lord
             of
             Strafford
             submitting
             all
             to
             their
             ordships
             good
             pleasure
             ,
             it
             being
             his
             part
             only
             to
             move
             (
             as
             his
             Lordship
             said
             )
             
             and
             do
             what
             their
             Lordships
             should
             in
             their
             wisdoms
             think
             fit
             .
             The
             Lord
             Steward
             declared
             their
             Lordships
             pleasure
             ,
             that
             Sergeant
             Glanvill
             and
             the
             other
             Witnesses
             might
             be
             reserved
             to
             be
             heard
             to
             morrow
             
               viva
               voce
            
             ;
             and
             
             that
             the
             examinations
             of
             my
             Lord
             of
             Northumberland
             ,
             and
             my
             Lord
             Keeper
             might
             be
             likewise
             reserved
             ;
             for
             my
             Lord
             of
             Canterbury
             it
             was
             observed
             ,
             that
             he
             was
             examined
             before
             the
             Charge
             ,
             and
             that
             the
             Gent.
             of
             the
             Commons-House
             intend
             not
             to
             make
             use
             of
             his
             Testimony
             .
             And
             so
             the
             Committee
             proceeded
             to
             the
             next
             Article
             .
          
           
             Mr.
             Whitlock
             proceeded
             ,
             putting
             their
             Lordships
             in
             mind
             ,
             that
             they
             
             had
             been
             pleased
             to
             take
             a
             view
             of
             my
             Lord
             of
             
             Strafford's
             Courses
             in
             Ireland
             ,
             which
             have
             manifested
             his
             designe
             to
             subvert
             and
             change
             the
             Law
             and
             bring
             in
             an
             Arbitrary
             Government
             ;
             That
             his
             execution
             of
             that
             Arbitrary
             Power
             upon
             the
             persons
             ,
             Estates
             and
             Lives
             of
             the
             Kings
             Subjects
             there
             ,
             hath
             been
             a
             clear
             proof
             of
             this
             his
             designe
             .
             They
             shall
             now
             proceed
             to
             show
             their
             Lordships
             what
             his
             designe
             was
             in
             England
             and
             Scotland
             ,
             as
             the
             same
             was
             set
             forth
             in
             the
             20th21
             ,
             22
             ,
             23
             ,
             and
             24th
             Articles
             ,
             together
             with
             the
             matters
             contained
             in
             them
             ,
             they
             being
             interwoven
             and
             depending
             one
             upon
             the
             other
             ,
             and
             so
             are
             but
             one
             business
             .
          
           
             My
             Lord
             of
             Strafford
             did
             thereupon
             offer
             ,
             that
             he
             conceived
             it
             was
             
             agreed
             ,
             they
             shoul
             go
             
               Article
               by
               Article
            
             ,
             that
             his
             Memory
             is
             short
             ,
             and
             his
             Abilities
             weak
             ;
             and
             if
             three
             or
             four
             be
             brought
             together
             ,
             his
             Memory
             will
             not
             serve
             him
             to
             give
             them
             that
             account
             ,
             that
             otherwise
             he
             should
             be
             able
             to
             do
             ;
             And
             since
             the
             order
             of
             proceeding
             Article
             by
             Article
             was
             by
             consent
             ,
             he
             besought
             that
             course
             might
             be
             persued
             ,
             not
             giving
             consent
             to
             the
             alteration
             of
             it
             .
          
           
             But
             Mr.
             Maynard
             desired
             leave
             to
             remember
             their
             Lordships
             ,
             that
             they
             
             offered
             to
             go
             Article
             by
             Article
             ,
             till
             they
             came
             to
             some
             that
             were
             woven
             together
             ,
             which
             might
             change
             the
             course
             .
             They
             find
             much
             time
             is
             lost
             between
             Article
             and
             Article
             ,
             and
             there
             will
             need
             no
             great
             Consideration
             of
             of
             these
             ,
             being
             only
             about
             words
             ;
             and
             when
             my
             Lord
             of
             Strafford
             stands
             by
             way
             of
             Defence
             ,
             he
             may
             not
             inform
             them
             which
             way
             to
             proceed
             ,
             and
             they
             will
             proceed
             no
             way
             differently
             from
             what
             was
             formerly
             proposed
             .
          
           
             My
             Lord
             of
             Strafford
             humbly
             appealed
             to
             their
             Lordships
             ,
             Whether
             the
             Favour
             offered
             him
             for
             recollecting
             his
             Notes
             ,
             had
             spent
             much
             
             time
             ;
             and
             added
             ,
             perhaps
             if
             another
             man
             had
             been
             in
             his
             case
             ,
             he
             would
             have
             thought
             as
             long
             a
             time
             as
             he
             had
             taken
             ,
             necessary
             ,
             tho
             a
             far
             abler
             man
             than
             himself
             ;
             but
             this
             inverts
             the
             whole
             Order
             agreed
             on
             ,
             and
             brings
             him
             to
             a
             great
             inconvenience
             ,
             and
             therefore
             he
             desired
             he
             might
             Answer
             them
             single
             ,
             in
             the
             mannor
             as
             was
             agreed
             upon
             .
          
           
             To
             which
             Mr.
             
               Whitlock
               Answered
            
             ,
             That
             if
             the
             Articles
             be
             not
             proceeded
             in
             together
             ,
             and
             as
             having
             relation
             to
             one
             another
             ,
             they
             will
             loose
             much
             
             of
             the
             Application
             ,
             Evidence
             ,
             and
             Proof
             ;
             and
             he
             conceives
             will
             be
             more
             easie
             to
             my
             Lord
             of
             Strafford
             :
             And
             for
             the
             Order
             mentioned
             ,
             there
             was
             ,
             under
             favour
             ,
             no
             order
             in
             it
             ;
             but
             when
             my
             Lord
             of
             Strafford
             made
             the
             motion
             (
             Mr.
             Whitlock
             said
             )
             he
             took
             the
             boldness
             to
             inform
             their
             Lordships
             ,
             that
             he
             should
             proceed
             on
             some
             of
             them
             altogether
             ,
             
             which
             my
             Lord
             of
             Strafford
             did
             not
             deny
             ,
             and
             their
             Lordships
             approved
             of
             ,
             and
             according
             to
             that
             they
             desire
             to
             proceed
             .
          
           
             Mr.
             Glyn
             adding
             ,
             That
             he
             never
             knew
             before
             this
             time
             ,
             a
             Prisoner
             at
             
             the
             Barr
             prescribe
             a
             Method
             to
             the
             Evidence
             ,
             especially
             if
             he
             be
             charged
             with
             High
             Treason
             ;
             and
             my
             Lord
             may
             afford
             them
             the
             same
             favour
             they
             do
             him
             ,
             for
             if
             he
             will
             answer
             Article
             by
             Article
             ,
             he
             may
             ;
             but
             as
             they
             leave
             him
             to
             his
             course
             ,
             so
             they
             desire
             to
             take
             their
             course
             .
          
           
             But
             in
             that
             case
             my
             Lord
             of
             Strafford
             desired
             he
             might
             have
             time
             to
             
             Answer
             till
             to
             morrow
             morning
             ,
             and
             professed
             that
             he
             should
             be
             extream
             unwilling
             to
             offer
             any
             thing
             that
             became
             him
             not
             in
             Humility
             and
             Modesty
             ,
             or
             to
             prescribe
             a
             course
             to
             any
             ,
             he
             being
             in
             his
             condition
             ;
             but
             he
             trusts
             he
             may
             with
             Humility
             and
             Duty
             ,
             offer
             to
             their
             Lordships
             consideration
             ,
             these
             things
             that
             may
             be
             for
             his
             Assistance
             and
             Defence
             ,
             without
             offence
             to
             any
             .
          
           
             So
             the
             Committee
             that
             managed
             the
             Evidence
             for
             the
             Commons-House
             ,
             had
             direction
             to
             proceed
             as
             they
             had
             propounded
             .
          
           
             Mr.
             Whitlock
             then
             proceeded
             to
             open
             the
             Charge
             of
             these
             Articles
             ,
             which
             will
             refer
             ,
             to
             prove
             a
             designe
             of
             my
             Lord
             of
             Strafford
             against
             Scotland
             ,
             
             to
             subvert
             their
             Parliament
             ,
             and
             our
             Government
             here
             ,
             and
             to
             bring
             in
             an
             Army
             on
             us
             ,
             to
             force
             us
             to
             submit
             to
             an
             Arbitrary
             Power
             .
          
           
             First
             ,
             they
             shall
             apply
             themselves
             to
             prove
             his
             designe
             against
             Scotland
             ,
             which
             lies
             first
             in
             the
             Charge
             ;
             That
             he
             advised
             the
             King
             two
             or
             three
             times
             ,
             that
             the
             demands
             made
             by
             the
             Scots
             in
             their
             Parliament
             ,
             were
             a
             sufficient
             ground
             for
             a
             Warr
             against
             them
             ,
             notwithstanding
             that
             Parliament
             was
             indicted
             by
             the
             Kings
             Royal
             Authority
             ,
             and
             they
             have
             their
             liberty
             to
             Propound
             and
             Treat
             .
          
           
             Your
             Lordships
             may
             remember
             what
             my
             Lord
             of
             Strafford
             said
             at
             the
             sentencing
             of
             Stewart
             in
             Ireland
             ,
             whereby
             he
             expressed
             his
             hatred
             and
             rancor
             towards
             them
             ,
             and
             his
             opinion
             of
             them
             at
             that
             time
             ,
             being
             after
             the
             pacification
             made
             ,
             and
             he
             continues
             in
             the
             same
             ill
             opinion
             of
             them
             ,
             and
             to
             give
             the
             same
             ill
             Council
             .
          
           
             That
             at
             another
             time
             he
             told
             His
             Majesty
             ,
             the
             demands
             of
             the
             Scots
             in
             their
             Parliament
             ,
             were
             not
             matter
             of
             Religion
             ;
             but
             struck
             at
             the
             root
             of
             Government
             ,
             and
             that
             it
             was
             fit
             to
             punish
             them
             by
             force
             .
          
           
             That
             he
             caused
             the
             Ships
             of
             the
             Scots
             in
             Ireland
             to
             be
             seized
             .
          
           
             That
             he
             procured
             the
             Parliament
             in
             Ireland
             to
             declare
             their
             assistance
             ,
             and
             give
             supply
             for
             a
             Warr
             against
             Scotland
             ,
             and
             that
             several
             times
             he
             endeavoured
             to
             perswade
             His
             Majesty
             to
             an
             offensive
             Warr
             against
             the
             Scots
             ,
             under
             which
             particulars
             will
             fall
             in
             proof
             ,
             his
             design
             against
             Scotland
             .
          
           
             His
             design
             against
             England
             was
             of
             the
             same
             nature
             ,
             which
             will
             appear
             by
             his
             words
             and
             by
             his
             Councils
             ,
             and
             by
             some
             Speeches
             given
             out
             by
             those
             that
             have
             very
             near
             Relation
             to
             him
             ,
             and
             are
             his
             creatures
             ,
             who
             agreed
             with
             his
             own
             words
             likewise
             .
          
           
           
             They
             shall
             prove
             to
             their
             Lordships
             ,
             That
             on
             a
             discourse
             between
             Sir
             
               George
               Ratcliffe
            
             and
             Sir
             
               Robert
               King
            
             ,
             concerning
             the
             War
             with
             the
             Scots
             ,
             and
             my
             Lord
             of
             Straffords
             being
             engaged
             in
             it
             .
             Sir
             
               George
               Ratcliffe
            
             told
             him
             ,
             We
             are
             ingaged
             in
             a
             War
             with
             the
             Scots
             ,
             and
             we
             must
             go
             on
             with
             it
             ;
             and
             being
             demanded
             how
             the
             King
             would
             do
             ,
             if
             he
             were
             not
             supplyed
             by
             Parliament
             ?
             He
             said
             the
             King
             hath
             30000
             men
             ,
             and
             400000
             l.
             in
             his
             Purse
             ,
             and
             his
             Sword
             by
             his
             side
             ;
             and
             if
             he
             wants
             Money
             ,
             who
             could
             pity
             him
             ?
             That
             he
             said
             likewise
             he
             could
             make
             peace
             with
             the
             Scots
             when
             he
             list
             ,
             but
             that
             was
             the
             worst
             of
             Evils
             .
          
           
             There
             were
             other
             words
             spoken
             by
             Sir
             
               George
               Wentworth
            
             ,
             my
             Lord
             of
             
             Strafford's
             Brother
             ,
             to
             a
             Gentleman
             ,
             a
             Member
             of
             the
             House
             of
             Commons
             ;
             that
             England
             was
             sick
             of
             Peace
             ,
             and
             it
             would
             never
             be
             well
             with
             it
             ,
             till
             it
             were
             again
             conquered
             .
             These
             were
             the
             words
             of
             others
             his
             Creatures
             ,
             They
             shall
             prove
             his
             Lordship's
             own
             words
             and
             Counsels
             .
          
           
             That
             he
             declared
             his
             opinion
             to
             my
             Lord
             Primate
             of
             Ireland
             ,
             that
             in
             case
             of
             necessity
             ,
             His
             Majesty
             might
             use
             his
             Prerogative
             ,
             to
             levy
             what
             he
             needed
             ,
             saving
             first
             to
             try
             the
             Parliament
             ,
             and
             if
             that
             supply
             him
             not
             ,
             then
             to
             use
             his
             Prerogative
             as
             he
             pleased
             .
          
           
             That
             at
             another
             time
             when
             my
             Lord
             Conway
             ,
             a
             Nobleman
             of
             this
             House
             ,
             was
             pleased
             to
             ask
             him
             ,
             How
             the
             Forces
             raised
             ,
             and
             to
             be
             raised
             ,
             should
             be
             paid
             ?
             My
             Lord
             of
             Strafford
             said
             ,
             he
             doubted
             not
             but
             twelve
             Subsidies
             would
             be
             given
             .
             My
             Lord
             Conway
             putting
             the
             doubt
             to
             him
             again
             ,
             What
             if
             they
             should
             not
             be
             given
             ?
             My
             Lord
             of
             Strafford
             was
             pleased
             to
             reply
             ,
             Then
             the
             King
             would
             be
             acquitted
             before
             God
             and
             Men
             ,
             if
             he
             took
             some
             other
             course
             to
             supply
             himself
             ,
             though
             it
             were
             against
             the
             Will
             of
             the
             Subject
             .
          
           
             At
             another
             time
             ,
             when
             His
             Majesty
             had
             Graciously
             declared
             himself
             ,
             that
             he
             would
             have
             a
             Parliament
             ,
             he
             was
             pleased
             to
             say
             ,
             That
             in
             case
             the
             Parliament
             should
             not
             supply
             him
             ,
             he
             would
             be
             ready
             to
             serve
             him
             in
             any
             other
             way
             .
             These
             Words
             and
             Counsels
             were
             all
             before
             the
             calling
             of
             the
             last
             Parliament
             .
          
           
             In
             the
             time
             of
             the
             sitting
             of
             the
             Parliament
             ,
             the
             House
             of
             Commons
             were
             frequently
             urged
             by
             Messages
             ,
             procured
             by
             my
             Lord
             of
             Strafford
             from
             His
             Majesty
             ,
             to
             take
             consideration
             of
             the
             Kings
             Supply
             for
             a
             War
             a-against
             Scotland
             ;
             and
             before
             consideration
             and
             relief
             of
             the
             grievances
             in
             Religion
             and
             Government
             of
             the
             Kingdom
             ,
             12
             Subsidies
             were
             demanded
             ,
             for
             release
             of
             the
             Ship-money
             only
             ,
             and
             when
             the
             House
             of
             Commons
             were
             in
             debate
             concerning
             Supply
             ,
             and
             before
             they
             came
             to
             resolution
             ,
             by
             advise
             of
             my
             Lord
             of
             Strafford
             ,
             that
             Parliament
             was
             dissolved
             .
          
           
             After
             the
             Parliament
             was
             dissolved
             they
             shall
             show
             ,
             how
             ,
             by
             divers
             Words
             and
             Counsels
             my
             Lord
             of
             Strafford
             endeavoured
             ,
             to
             incense
             His
             Majesty
             against
             His
             loving
             Subjects
             ,
             and
             so
             to
             slander
             them
             to
             His
             Majesty
             ,
             as
             to
             make
             a
             division
             between
             them
             ;
             And
             also
             of
             His
             design
             ,
             to
             bring
             in
             an
             Army
             upon
             us
             .
          
           
             That
             he
             declared
             to
             His
             Majesty
             ,
             that
             the
             Parliament
             had
             denyed
             to
             supply
             him
             ,
             and
             had
             quite
             forsaken
             him
             :
             and
             that
             he
             said
             to
             a
             Noble
             Earl
             of
             that
             House
             ,
             That
             the
             Parliament
             in
             this
             great
             distress
             of
             the
             King
             and
             Kingdom
             ,
             had
             refused
             to
             supply
             the
             King
             in
             the
             ordinary
             and
             usual
             way
             ,
             and
             therefore
             the
             King
             might
             provide
             for
             the
             Kingdom
             ,
             by
             such
             ways
             ,
             as
             he
             thought
             fit
             ;
             and
             that
             the
             King
             was
             not
             to
             suffer
             himself
             to
             be
             mastered
             by
             the
             frowardness
             ,
             and
             undutifulness
             of
             his
             people
             .
          
           
           
             That
             he
             said
             at
             another
             time
             to
             a
             Nobleman
             in
             this
             House
             ,
             That
             the
             Parliament
             in
             denying
             to
             supply
             the
             King
             ,
             had
             given
             him
             advantage
             to
             supply
             himself
             by
             other
             ways
             .
             And
             if
             worse
             words
             can
             be
             uttered
             or
             spoken
             than
             what
             have
             been
             mentioned
             ,
             they
             shall
             conclude
             with
             such
             of
             his
             words
             ,
             as
             none
             can
             be
             imagined
             to
             be
             of
             more
             fearful
             and
             dangerous
             consequence
             ,
             viz.
             The
             same
             day
             that
             the
             Parliament
             was
             dissolved
             ,
             my
             Lord
             of
             Strafford
             ,
             by
             way
             of
             advice
             and
             Counsel
             ,
             told
             His
             Majesty
             ,
             That
             now
             he
             had
             tryed
             the
             affections
             of
             His
             People
             ,
             and
             that
             he
             was
             loose
             ,
             and
             absolved
             from
             all
             rules
             of
             Government
             :
             That
             he
             was
             to
             do
             all
             that
             Power
             would
             admit
             ;
             since
             he
             had
             tryed
             all
             ways
             ,
             and
             was
             refused
             ,
             and
             should
             ,
             in
             so
             doing
             ,
             be
             acquitted
             before
             God
             and
             men
             ,
             and
             that
             he
             had
             an
             Army
             in
             Ireland
             ,
             which
             he
             might
             employ
             to
             reduce
             his
             Kingdoms
             .
          
           
             They
             began
             with
             that
             which
             concerned
             Scotland
             ;
             The
             Earl
             of
             Traquair
             
             being
             sworn
             ,
             was
             asked
             ,
             What
             he
             remembred
             to
             be
             spoken
             by
             my
             Lord
             of
             Strafford
             ,
             concerning
             the
             demands
             made
             by
             the
             Scots
             in
             their
             Parliament
             ,
             when
             he
             (
             my
             Lord
             Traquair
             )
             made
             relation
             of
             those
             demands
             ,
             with
             the
             time
             ,
             and
             other
             circumstances
             .
          
           
             He
             Answered
             ,
             That
             it
             would
             be
             hard
             for
             him
             to
             answer
             to
             so
             general
             a
             question
             ,
             for
             their
             Lordships
             ,
             and
             a
             great
             many
             know
             ,
             that
             he
             made
             relation
             of
             the
             demands
             made
             by
             the
             Scotch
             Subjects
             in
             Parliament
             ,
             at
             two
             several
             times
             ,
             one
             by
             the
             King's
             Command
             here
             ,
             before
             the
             Lords
             of
             the
             Council
             :
             Another
             by
             the
             like
             Command
             of
             His
             Majesty
             ,
             before
             the
             Peers
             at
             York
             .
          
           
             But
             being
             directed
             to
             apply
             himself
             to
             the
             words
             spoken
             by
             my
             Lord
             of
             Strafford
             ,
             when
             he
             made
             his
             relation
             before
             the
             Council
             here
             .
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             could
             hardly
             give
             an
             Answer
             to
             such
             a
             general
             Question
             ;
             but
             he
             believed
             my
             Lord
             of
             Strafford
             when
             he
             was
             at
             Council
             ,
             gave
             his
             opinion
             in
             any
             thing
             brought
             in
             debate
             ,
             as
             the
             Lords
             of
             the
             Council
             did
             :
             He
             knew
             what
             was
             brought
             in
             debate
             ,
             but
             cannot
             condiscend
             to
             every
             thing
             that
             my
             Lord
             spake
             there
             .
          
           
             Mr.
             Whitlock
             here
             interposed
             ,
             and
             said
             ,
             That
             he
             mentioned
             not
             the
             
             particular
             words
             ,
             that
             might
             come
             from
             my
             Lord
             Traquairs
             own
             expression
             ;
             but
             the
             question
             he
             desired
             ,
             was
             ,
             Whether
             my
             Lord
             of
             Strafford
             did
             not
             say
             ,
             The
             demand
             of
             the
             Scotch
             Parliament
             was
             a
             sufficient
             ground
             for
             the
             War
             ?
          
           
             To
             which
             my
             Lord
             Traquair
             being
             Interrogated
             ?
          
           
             He
             Answered
             ,
             That
             he
             should
             very
             clearly
             declare
             to
             the
             best
             of
             his
             memory
             ,
             what
             he
             heard
             upon
             that
             occasion
             ;
             but
             for
             the
             present
             
             he
             could
             not
             remember
             particularly
             ,
             of
             any
             such
             words
             expressed
             by
             my
             Lord
             of
             Strafford
             here
             at
             Whitehall
             (
             for
             he
             believes
             it
             was
             there
             when
             the
             Council
             met
             ,
             when
             he
             made
             the
             first
             relation
             )
             But
             he
             remembred
             he
             was
             Deponed
             on
             these
             before
             ,
             and
             if
             it
             might
             stand
             with
             their
             Lordships
             pleasure
             and
             form
             ,
             he
             would
             willingly
             remit
             himself
             to
             his
             former
             Deposition
             .
          
           
           
             Mr.
             Whitlock
             offered
             to
             their
             Lordships
             ,
             that
             (
             for
             the
             recollecting
             of
             his
             memory
             )
             my
             Lord
             Traquair
             might
             peruse
             the
             former
             Deposition
             .
          
           
             But
             my
             Lord
             of
             Strafford
             opposed
             it
             ,
             because
             their
             Lordships
             having
             not
             yet
             made
             use
             of
             any
             thing
             taken
             on
             oath
             ,
             he
             desired
             that
             Rule
             might
             be
             still
             kept
             .
          
           
             Mr.
             Palmer
             insisted
             on
             it
             ,
             it
             being
             not
             offered
             as
             a
             proof
             to
             be
             heard
             ,
             but
             
             because
             it
             was
             tender'd
             to
             him
             to
             vary
             (
             being
             on
             his
             oath
             )
             though
             but
             in
             a
             Syllable
             ,
             from
             what
             he
             had
             spoken
             before
             ;
             And
             Mr.
             Glyn
             added
             ,
             That
             this
             is
             very
             ordinary
             at
             Law.
             But
             my
             Lord
             of
             Portland
             moved
             that
             the
             House
             might
             be
             Adjourned
             ,
             that
             the
             examinations
             should
             not
             be
             made
             use
             of
             .
          
           
             My
             Lord
             Traquair
             desired
             ,
             that
             he
             might
             not
             be
             mistaken
             ,
             for
             he
             would
             express
             his
             Reasons
             ,
             and
             humbly
             submit
             it
             to
             their
             Lordships
             ,
             that
             he
             was
             by
             order
             of
             their
             Lordships
             ,
             examined
             on
             oath
             before
             ,
             and
             examined
             on
             the
             same
             question
             ,
             and
             he
             only
             submitted
             this
             to
             their
             Lordships
             ,
             whether
             or
             not
             their
             Lordships
             would
             allow
             him
             ,
             to
             remit
             himself
             to
             the
             Depositions
             in
             writing
             ?
             And
             if
             it
             was
             not
             fit
             ,
             nor
             consisted
             with
             their
             Lordships
             pleasure
             ,
             he
             should
             go
             on
             to
             the
             best
             of
             his
             memory
             ,
             and
             if
             he
             keep
             not
             the
             very
             words
             ,
             he
             should
             keep
             the
             sence
             .
             And
             this
             he
             said
             was
             ,
             that
             he
             might
             not
             vary
             from
             any
             thing
             that
             was
             in
             his
             written
             Deposition
             .
          
           
             Mr.
             Maynard
             to
             induce
             their
             Lordships
             thereunto
             ,
             instanced
             ,
             That
             if
             a
             
             man
             writes
             a
             thing
             in
             a
             Book
             ,
             and
             he
             after
             produced
             as
             a
             Witness
             ,
             the
             Witness
             may
             have
             leave
             to
             look
             on
             his
             own
             Book
             ,
             much
             more
             when
             he
             is
             examined
             ,
             and
             there
             can
             be
             no
             suspition
             of
             fraud
             in
             this
             .
          
           
             Whence
             my
             Lord
             of
             Strafford
             inferred
             ,
             That
             this
             Gentleman
             desired
             
             my
             Lord
             Traquair
             should
             desire
             that
             which
             my
             Lord
             himself
             did
             not
             desire
             .
          
           
             The
             Lord
             Traquair
             then
             proceeded
             and
             said
             ;
             All
             that
             he
             remembred
             
             in
             this
             particular
             ,
             to
             the
             best
             of
             his
             memory
             ,
             was
             upon
             occasion
             of
             a
             Debate
             at
             York
             ,
             at
             the
             Kings
             Majesties
             last
             being
             there
             ;
             where
             it
             was
             required
             ,
             That
             he
             should
             make
             that
             same
             relation
             before
             the
             Peers
             ,
             who
             were
             to
             meet
             the
             next
             day
             after
             ,
             that
             he
             had
             made
             at
             the
             Council-Board
             here
             :
             Some
             question
             having
             been
             made
             ,
             what
             should
             be
             the
             ground
             or
             occasion
             of
             this
             relation
             again
             ,
             since
             it
             was
             conceived
             ,
             the
             business
             was
             not
             in
             the
             same
             condition
             it
             was
             ,
             at
             the
             time
             of
             making
             his
             first
             relation
             :
             Because
             ,
             as
             it
             was
             alledged
             at
             the
             time
             of
             making
             this
             relation
             ,
             that
             it
             was
             only
             of
             Demands
             ,
             and
             these
             Demands
             had
             been
             represented
             by
             the
             Commons
             of
             Parliament
             to
             His
             Majesty
             ,
             with
             other
             Demands
             ;
             and
             likewise
             in
             Parliament
             they
             had
             made
             these
             Demands
             pass
             into
             an
             Act
             :
             It
             was
             therefore
             represented
             by
             some
             ,
             that
             there
             was
             not
             a
             necessity
             of
             making
             the
             same
             relation
             he
             had
             before
             ;
             But
             of
             the
             Demands
             only
             ,
             and
             not
             the
             Case
             of
             the
             business
             ,
             as
             it
             stood
             before
             .
          
           
             And
             upon
             this
             ,
             (
             wherein
             he
             shall
             not
             be
             obliged
             to
             words
             )
             but
             something
             to
             this
             sence
             ;
             my
             Lord
             of
             Strafford
             expressed
             ,
             That
             he
             conceived
             ,
             
             
               That
               the
               unreasonable
               Demands
               of
               Subjects
               in
               Parliament
               ,
               was
               a
               ground
               for
               the
               King
               to
               put
               himself
               into
               a
               posture
            
             ;
             or
             to
             this
             sence
             :
             and
             his
             Lordship
             repeated
             ,
             and
             explained
             it
             ;
             That
             the
             unreasonable
             Demands
             of
             Subjects
             ,
             was
             a
             ground
             for
             the
             King
             ,
             to
             put
             himself
             into
             a
             posture
             of
             War.
             
             Being
             asked
             ,
             Whether
             it
             was
             spoken
             of
             Demands
             in
             Parliament
             ?
          
           
             His
             Lordship
             Answered
             ,
             It
             was
             ,
             that
             the
             unreasonable
             Demands
             of
             His
             Subjects
             in
             Parliament
             &c.
             for
             it
             was
             on
             the
             Scotch
             business
             they
             were
             speaking
             .
          
           
             Being
             asked
             ,
             where
             this
             was
             spoken
             ?
          
           
             He
             Answered
             ,
             It
             was
             spoken
             before
             the
             meeting
             of
             the
             Peers
             ,
             at
             the
             Council
             ,
             which
             was
             convened
             ,
             and
             he
             believes
             his
             Majesty
             was
             present
             .
          
           
             Being
             directed
             to
             repeat
             the
             words
             again
             ?
          
           
             His
             Lordship
             said
             ,
             the
             words
             were
             ,
             That
             the
             unreasonable
             Demands
             of
             Subjects
             in
             Parliament
             (
             for
             it
             was
             on
             the
             Scotch
             Demands
             )
             my
             Lord
             conceived
             ,
             might
             be
             a
             ground
             for
             the
             Kings
             Majesty
             ,
             to
             put
             himself
             into
             a
             posture
             of
             War.
             
          
           
             Being
             asked
             ,
             Whether
             these
             Demands
             of
             the
             Scots
             were
             not
             in
             Parliament
             ?
          
           
             He
             Answered
             ,
             That
             all
             the
             Demands
             made
             to
             the
             Kings
             Commissioner
             ,
             are
             in
             Parliament
             ,
             or
             by
             the
             Parliament
             ;
             and
             here
             he
             said
             he
             was
             forced
             to
             make
             a
             little
             digression
             ,
             if
             he
             Answered
             to
             this
             ,
             for
             the
             Parliaments
             there
             ,
             use
             not
             that
             way
             that
             the
             Parliament
             doth
             here
             :
             For
             he
             being
             the
             Kings
             Commissioner
             ,
             Propositions
             ,
             and
             Demands
             ,
             and
             Articles
             were
             made
             for
             him
             which
             are
             the
             preparatory
             ways
             of
             Parliaments
             ;
             and
             some
             Commissioners
             from
             the
             Gentry
             and
             Nobility
             ,
             made
             motions
             and
             demands
             to
             him
             in
             private
             ,
             before
             they
             were
             voted
             in
             publique
             .
             And
             of
             them
             all
             ,
             he
             was
             tyed
             to
             make
             an
             account
             .
             All
             were
             made
             in
             Parliament
             ,
             or
             by
             Warrant
             of
             Parliament
             ,
             or
             by
             some
             Body
             of
             the
             Parliament
             .
          
           
             Being
             asked
             ,
             whether
             some
             of
             the
             Lords
             then
             present
             ,
             did
             not
             declare
             and
             express
             themselves
             to
             be
             of
             a
             contrary
             opinion
             ?
          
           
             He
             Answered
             ,
             That
             truly
             as
             he
             believed
             the
             occasion
             of
             this
             came
             upon
             this
             debate
             ,
             and
             he
             believed
             there
             were
             some
             of
             the
             Lords
             of
             the
             Parliament
             ,
             by
             way
             of
             debate
             ,
             of
             another
             opinion
             ,
             as
             he
             remembred
             it
             .
             And
             particularly
             my
             Lord
             Morton
             said
             ,
             he
             was
             of
             another
             opinion
             ,
             to
             the
             best
             of
             his
             memory
             .
          
           
             Being
             Interrogated
             ,
             who
             first
             spake
             in
             Council
             after
             this
             relation
             ?
          
           
             He
             Answered
             ,
             That
             he
             believed
             in
             this
             there
             might
             be
             a
             mistake
             ,
             for
             at
             that
             time
             he
             had
             made
             no
             relation
             ,
             but
             was
             to
             make
             a
             relation
             next
             morning
             before
             the
             Peers
             ,
             and
             this
             was
             only
             the
             debate
             ,
             whether
             he
             should
             make
             relation
             or
             not
             ?
             But
             at
             that
             time
             at
             York
             no
             relation
             was
             made
             before
             the
             Council
             ,
             but
             before
             the
             Peers
             next
             morning
             .
          
           
           
             Being
             Asked
             ,
             But
             after
             the
             Relation
             made
             to
             the
             Peers
             ,
             Who
             then
             spake
             first
             ?
          
           
             He
             Answered
             ,
             That
             truly
             he
             could
             not
             tell
             .
          
           
             Being
             Asked
             ,
             Whether
             he
             could
             tell
             who
             spake
             first
             at
             Whitehal
             ?
          
           
             He
             Answered
             ,
             That
             it
             is
             very
             well
             known
             to
             a
             great
             many
             Lords
             here
             ,
             that
             he
             (
             by
             His
             Majesties
             Command
             )
             made
             a
             Narrative
             of
             the
             Demands
             made
             to
             him
             in
             Parliament
             by
             the
             Subjects
             of
             Scotland
             .
             In
             which
             Relation
             (
             he
             hoped
             my
             Lords
             memory
             would
             serve
             )
             he
             left
             the
             Commissioners
             ,
             who
             were
             coming
             up
             ,
             by
             Warrant
             from
             His
             Majesty
             ,
             on
             Petition
             ,
             to
             give
             a
             Reason
             of
             their
             Demands
             .
             This
             he
             did
             ,
             and
             it
             was
             his
             greatest
             care
             to
             do
             it
             faithfully
             and
             ingenuously
             ,
             without
             burdening
             of
             any
             whom
             it
             concerned
             :
             and
             ,
             to
             burden
             his
             memory
             ,
             who
             spake
             first
             ,
             and
             who
             spake
             last
             ,
             he
             could
             not
             tell
             ;
             but
             ,
             on
             debate
             of
             the
             business
             ,
             something
             was
             proposed
             to
             the
             Table
             ,
             and
             every
             man
             declared
             his
             Opinion
             ;
             and
             ,
             he
             thinks
             ,
             they
             all
             agreed
             in
             one
             ;
             but
             ,
             who
             spake
             first
             ,
             and
             who
             last
             ,
             he
             knows
             not
             .
          
           
             Being
             Asked
             ,
             Whether
             he
             remembred
             the
             words
             my
             Lord
             of
             Strafford
             spake
             ,
             at
             the
             making
             of
             that
             Relation
             to
             the
             Privy-Council
             ?
          
           
             He
             Answered
             ,
             That
             he
             remembers
             that
             (
             which
             he
             hopes
             all
             my
             Lords
             well
             remember
             )
             on
             that
             Relation
             of
             his
             ,
             the
             Kings
             Majesty
             being
             then
             present
             in
             Person
             ,
             was
             gratiously
             pleased
             to
             take
             notice
             of
             that
             ,
             he
             (
             the
             Deponent
             )
             had
             there
             affirmed
             ,
             That
             some
             one
             (
             he
             thinks
             his
             name
             was
             Cunningham
             )
             was
             sent
             from
             the
             Parliament
             of
             Scotland
             ,
             to
             supplicate
             His
             Majesty
             to
             allow
             some
             of
             their
             own
             members
             to
             come
             up
             to
             His
             Presence
             ,
             and
             present
             their
             Demands
             .
             The
             King
             was
             pleased
             it
             should
             be
             so
             ;
             and
             when
             they
             were
             all
             of
             the
             same
             Opinion
             ,
             the
             King
             condescended
             to
             it
             ;
             and
             ,
             to
             the
             best
             of
             his
             remembrance
             ,
             it
             was
             consented
             to
             by
             my
             Lord
             of
             Strafford
             and
             the
             whole
             Board
             ;
             That
             at
             their
             coming
             up
             ,
             if
             they
             should
             not
             give
             good
             Reasons
             and
             satisfaction
             for
             their
             Demands
             ,
             they
             would
             be
             assistant
             to
             His
             Majesty
             to
             put
             him
             in
             a
             posture
             ,
             to
             reduce
             them
             to
             their
             due
             Obedience
             ;
             But
             he
             cannot
             tye
             himself
             to
             words
             .
          
           
             Being
             Asked
             ,
             What
             was
             meant
             by
             a
             Posture
             ?
          
           
             He
             Answered
             ,
             A
             posture
             of
             Warr
             he
             believed
             ,
             must
             needs
             be
             a
             capacity
             and
             Power
             ,
             to
             reduce
             them
             to
             Obedience
             .
          
           
             Being
             desired
             (
             upon
             my
             Lord
             of
             Straffords
             motion
             )
             to
             repeat
             the
             words
             again
             .
          
           
             He
             Answered
             ,
             That
             he
             made
             a
             
               Narrative
               Relation
            
             ,
             and
             a
             
               Narrative
               Relation
            
             only
             :
             and
             the
             Commissioners
             ,
             whom
             His
             Majesty
             was
             pleased
             to
             condescend
             to
             their
             coming
             up
             ,
             to
             give
             Reasons
             of
             their
             Demands
             ,
             That
             the
             Scotch
             Subjects
             had
             made
             in
             Parliament
             :
             
             This
             being
             the
             State
             of
             the
             Question
             ;
             and
             the
             Kings
             Majesty
             gratiously
             condescending
             ,
             that
             some
             of
             their
             own
             Members
             should
             come
             up
             ,
             to
             represent
             their
             own
             Demands
             ;
             It
             was
             put
             to
             the
             Question
             ,
             What
             should
             be
             done
             ?
             And
             this
             was
             the
             Conclusion
             (
             to
             his
             Memory
             ,
             there
             being
             no
             Clerk
             nor
             Register
             there
             ,
             wherein
             my
             Lord
             of
             Strafford
             was
             no
             more
             involved
             then
             the
             rest
             )
             that
             if
             these
             Commissioners
             should
             not
             ,
             at
             their
             coming
             up
             ,
             give
             good
             satisfaction
             touching
             their
             Demands
             ,
             the
             Council
             would
             be
             assistant
             to
             His
             Majesty
             ,
             to
             put
             Him
             into
             a
             Posture
             of
             Warr
             ,
             to
             reduce
             them
             to
             their
             Obedience
             .
             He
             will
             not
             say
             ,
             these
             very
             words
             were
             reported
             again
             to
             my
             Lords
             at
             York
             ,
             but
             the
             Sence
             and
             way
             of
             them
             was
             .
          
           
             My
             Lord
             Digby
             did
             here
             desire
             leave
             of
             their
             Lordships
             ,
             to
             represent
             
             something
             on
             Consideration
             of
             that
             ,
             which
             was
             last
             in
             Question
             ,
             touching
             the
             Witnesses
             helping
             themselves
             by
             their
             former
             Examinations
             .
             He
             did
             forbear
             it
             before
             ,
             in
             regard
             he
             saw
             this
             Honorable
             Lord
             ,
             for
             his
             own
             particular
             ,
             did
             not
             insist
             on
             it
             ;
             But
             ,
             for
             the
             future
             ,
             he
             thought
             it
             very
             necessary
             to
             represent
             it
             to
             their
             Lordships
             ,
             as
             a
             thing
             not
             only
             much
             concerning
             the
             validity
             of
             the
             Proofs
             ,
             but
             likewise
             very
             much
             conducing
             to
             the
             honour
             of
             many
             of
             their
             Lordships
             here
             ;
             and
             ,
             concerning
             the
             validity
             of
             their
             Proofs
             ,
             he
             shall
             humbly
             offer
             this
             to
             their
             Lordships
             .
             That
             this
             noble
             Lord
             was
             often
             pleased
             to
             say
             ,
             That
             he
             hoped
             he
             should
             not
             be
             tied
             to
             Words
             :
             Now
             ,
             their
             Lordships
             may
             be
             pleased
             to
             consider
             the
             Charges
             of
             the
             present
             Articles
             are
             consisting
             principally
             of
             Words
             ;
             to
             say
             ,
             he
             shall
             not
             be
             tied
             to
             Words
             ,
             is
             as
             much
             as
             to
             say
             ,
             he
             shall
             not
             be
             tied
             to
             the
             Question
             .
             And
             this
             he
             offered
             only
             concerning
             the
             validity
             of
             the
             Proofs
             ;
             But
             concerning
             the
             honor
             of
             some
             Noble
             Lords
             that
             sit
             here
             ,
             he
             confesses
             he
             is
             very
             zealous
             in
             that
             when
             he
             thinks
             of
             it
             ;
             that
             diverse
             of
             them
             have
             been
             Examined
             formerly
             upon
             Oath
             ,
             and
             upon
             Oath
             set
             down
             ,
             without
             great
             Leasure
             ,
             and
             Recollection
             of
             the
             truth
             of
             things
             :
             and
             now
             ,
             whether
             (
             so
             many
             Months
             after
             ,
             being
             called
             again
             suddenly
             on
             Oath
             ,
             to
             give
             account
             of
             these
             Words
             )
             the
             best
             memory
             may
             not
             be
             subject
             to
             variance
             and
             discrepancie
             ,
             and
             may
             not
             forget
             some
             prejudice
             and
             disadvantage
             to
             those
             noble
             Lords
             honor
             ,
             he
             humbly
             submits
             to
             their
             Lordships
             .
          
           
             And
             Mr.
             Glyn
             added
             ,
             That
             this
             Noble
             Lord
             hath
             prevented
             him
             ;
             My
             
             Lord
             of
             Traquair
             hath
             not
             vary'd
             from
             his
             Examinations
             in
             substance
             ,
             but
             if
             he
             had
             ,
             under
             favour
             ,
             they
             must
             stand
             upon
             his
             Examinations
             ;
             and
             ,
             it
             is
             Legal
             ,
             and
             Just
             ,
             and
             Ordinary
             ;
             and
             never
             a
             Judge
             in
             England
             will
             deny
             it
             ;
             that
             if
             a
             Witness
             be
             examined
             ,
             and
             varies
             ,
             his
             Examinations
             shall
             be
             read
             to
             his
             face
             ,
             and
             it
             is
             no
             prejudice
             ,
             for
             the
             party
             is
             ready
             to
             explain
             himself
             ;
             And
             ,
             he
             said
             ,
             he
             was
             about
             the
             offering
             it
             ,
             and
             now
             must
             offer
             it
             ,
             according
             to
             the
             trust
             reposed
             in
             him
             by
             the
             House
             of
             Commons
             ;
             that
             ,
             if
             it
             stand
             with
             their
             Occasions
             ,
             the
             Examinations
             may
             be
             read
             ,
             and
             under
             favour
             they
             may
             .
          
           
             To
             this
             my
             Lord
             of
             Strafford
             Answered
             ,
             That
             here
             is
             a
             Question
             now
             stirred
             ,
             that
             hath
             been
             hitherto
             denied
             ;
             for
             ,
             he
             could
             leave
             out
             any
             Examinations
             
             taken
             ,
             and
             certainly
             ,
             as
             he
             conceives
             ,
             it
             was
             never
             intended
             ,
             that
             these
             Examinations
             should
             be
             made
             use
             of
             .
             They
             were
             preparatory
             and
             no
             other
             :
             And
             (
             by
             this
             learned
             Gentlemans
             leave
             )
             whereas
             he
             speaks
             of
             the
             manner
             of
             proceedings
             on
             Tryals
             of
             ordinary
             Felonies
             ,
             he
             (
             the
             Defendant
             )
             
             hath
             seen
             some
             of
             them
             ;
             and
             ,
             in
             all
             particulars
             ,
             where
             the
             Witness
             hath
             been
             
               viva
               voce
            
             ,
             he
             never
             heard
             Examinations
             Read.
             
          
           
             But
             ,
             Mr.
             Glyn
             averred
             what
             he
             said
             before
             ;
             That
             if
             there
             be
             Examinations
             
             taken
             of
             a
             Felon
             at
             Common
             Law
             ,
             and
             the
             Witness
             comes
             
               viva
               voce
            
             ;
             and
             the
             Kings
             Council
             takes
             advantage
             ,
             they
             do
             Read
             the
             Examinations
             taken
             .
          
           
             And
             here
             the
             Lord
             Steward
             declared
             ,
             That
             it
             is
             not
             denyed
             to
             any
             to
             recollect
             himself
             .
          
           
             My
             Lord
             Traquair
             thereupon
             further
             alledged
             ,
             That
             this
             was
             the
             first
             
             time
             he
             was
             ever
             Examined
             upon
             Oath
             ;
             and
             ,
             if
             he
             hath
             been
             occasion
             of
             any
             Scruple
             ,
             he
             desired
             Pardon
             :
             but
             ,
             it
             was
             long
             since
             he
             was
             Examined
             ,
             and
             he
             could
             not
             see
             his
             Depositions
             ;
             and
             ,
             lest
             he
             should
             have
             erred
             in
             his
             Words
             ,
             he
             desired
             this
             favour
             .
          
           
             Mr.
             Whitlock
             further
             added
             ,
             That
             they
             must
             affirm
             this
             to
             be
             the
             ordinary
             and
             constant
             practice
             ;
             and
             ,
             if
             their
             Lordships
             doubt
             it
             ,
             it
             shall
             be
             
             made
             good
             :
             and
             ,
             he
             hopes
             ,
             the
             Commons
             of
             England
             shall
             not
             be
             in
             worse
             Case
             ,
             then
             an
             ordinary
             Prosecutor
             .
          
           
             And
             then
             offered
             the
             Deposition
             of
             my
             Lord
             Morton
             (
             he
             being
             taken
             ill
             at
             that
             time
             )
             to
             this
             Point
             .
          
           
             By
             which
             means
             my
             Lord
             of
             Strafford
             observed
             himself
             to
             be
             debarred
             ,
             
             of
             Cross-Examining
             him
             .
          
           
             And
             Mr.
             Whitlock
             Answered
             ,
             And
             so
             is
             every
             Prisoner
             in
             the
             like
             
             Case
             .
          
           
             Yet
             my
             Lord
             of
             Strafford
             desired
             ,
             He
             might
             reserve
             to
             himself
             the
             benefit
             
             of
             Cross-examining
             him
             ,
             if
             he
             should
             see
             Cause
             .
          
           
             But
             Mr.
             Whitlock
             said
             ,
             That
             ,
             under
             favour
             ,
             in
             this
             Case
             ,
             no
             Prisoner
             hath
             benefit
             of
             Cross-Examination
             ,
             where
             Examinations
             are
             read
             at
             
             Tryal
             .
          
           
             And
             Mr.
             Glyn
             added
             ,
             That
             he
             perceived
             by
             my
             Lord
             of
             Strafford
             ,
             that
             
             he
             expected
             notice
             ,
             what
             Witnesses
             they
             were
             ready
             to
             produce
             ,
             and
             his
             Lordship
             knew
             what
             Witnesses
             will
             be
             necessary
             for
             his
             Defence
             ,
             and
             should
             be
             careful
             of
             them
             :
             But
             ,
             Mr.
             Glyn
             said
             further
             ,
             That
             he
             thought
             never
             any
             Prisoner
             expected
             to
             know
             from
             the
             Prosecutor
             ,
             what
             Witnesses
             would
             be
             produced
             against
             him
             .
          
           
             My
             Lord
             of
             Strafford
             confest
             ,
             he
             might
             easily
             mistake
             ,
             for
             never
             did
             so
             
             ignorant
             a
             Man
             ,
             in
             their
             Proceedings
             ,
             stand
             at
             the
             Bar
             :
             But
             ,
             he
             conceived
             ,
             that
             if
             the
             other
             party
             do
             examine
             ,
             it
             stands
             with
             Reason
             they
             should
             give
             him
             notice
             of
             it
             ,
             else
             he
             cannot
             possibly
             Cross-Examine
             .
          
           
             Mr.
             Whitlock
             thereunto
             replyed
             ,
             That
             their
             Examinations
             are
             taken
             
             preparatorily
             ,
             and
             it
             is
             according
             to
             Course
             of
             Law
             ;
             That
             ,
             if
             any
             
             Witnesses
             die
             ,
             or
             be
             necessarily
             absent
             ,
             their
             Examinations
             be
             used
             at
             the
             Tryal
             .
          
           
             Yet
             my
             Lord
             of
             Strafford
             said
             ,
             He
             takes
             it
             ,
             That
             if
             these
             be
             those
             they
             
             call
             preparatory
             Examinations
             ,
             they
             ought
             not
             to
             be
             read
             but
             by
             an
             Order
             of
             the
             House
             .
          
           
             So
             my
             Lord
             Steward
             put
             an
             end
             to
             this
             matter
             ,
             saying
             ,
             That
             if
             it
             can
             
             be
             ,
             the
             Witnesses
             ,
             by
             the
             Order
             of
             the
             House
             ,
             shall
             be
             Examined
             
               viva
               voce
            
             ;
             if
             not
             ,
             upon
             Faith
             made
             ,
             the
             Examinations
             are
             to
             be
             heard
             .
             And
             then
             they
             proceeded
             to
             Read
             the
             Examinations
             of
             the
             Earl
             of
             Morton
             ,
             taken
             23
             Ianuary
             ,
             1640.
             by
             vertue
             of
             ,
             and
             according
             to
             a
             Commission
             under
             
             the
             Great
             Seal
             of
             England
             ,
             issued
             in
             Parliament
             ,
             and
             dated
             11
             Ian.
             1640.
             
          
           
             To
             the
             103.
             
             Interrogatory
             ,
             This
             Examinant
             saith
             ,
             That
             he
             was
             present
             at
             York
             ,
             the
             Night
             before
             the
             meeting
             of
             the
             Great
             Council
             of
             the
             Peers
             of
             England
             ,
             then
             at
             a
             Debate
             before
             His
             Majesty
             ,
             touching
             the
             ground
             of
             that
             War
             against
             the
             Scots
             .
          
           
             104.
             
             He
             saith
             ,
             That
             at
             ,
             or
             in
             the
             said
             Debate
             ,
             he
             heard
             the
             Earl
             of
             Strafford
             ,
             in
             His
             Majesties
             presence
             ,
             say
             ,
             That
             the
             unreasonable
             and
             exorbitant
             Demands
             made
             by
             the
             Scots
             in
             their
             Parliament
             ,
             were
             a
             sufficient
             ground
             to
             make
             a
             War
             against
             them
             ;
             and
             that
             the
             King
             needed
             not
             to
             seek
             for
             any
             other
             grounds
             for
             it
             ,
             or
             words
             to
             that
             effect
             .
          
           
             105.
             
             That
             towards
             the
             end
             of
             the
             said
             Debate
             ,
             this
             Examinant
             told
             His
             Majesty
             ,
             That
             His
             Majesty
             having
             given
             the
             Scots
             leave
             ,
             in
             their
             Parliament
             ,
             to
             Petition
             for
             Redress
             of
             such
             things
             ,
             as
             they
             conceived
             to
             be
             Grievances
             ,
             he
             said
             ,
             His
             Majesty
             would
             not
             think
             it
             a
             sufficient
             ground
             ,
             to
             make
             War
             against
             them
             for
             any
             Demands
             by
             them
             made
             in
             Parliament
             ,
             without
             first
             hearing
             the
             Reasons
             thereof
             ,
             which
             reasons
             were
             not
             before
             that
             time
             related
             at
             ,
             or
             in
             any
             meeting
             of
             the
             Council
             ,
             whereat
             this
             Examinant
             was
             present
             ;
             howbeit
             the
             said
             Earl
             of
             Strafford
             again
             said
             ,
             That
             there
             was
             ground
             enough
             for
             that
             War.
             After
             which
             his
             Majesty
             was
             pleased
             to
             say
             ,
             That
             this
             Examinant
             had
             reason
             ,
             for
             what
             this
             Examinant
             did
             then
             say
             .
          
           
             Whence
             Mr.
             Whitlock
             observed
             ,
             That
             my
             Lord
             Morton
             went
             further
             then
             was
             opened
             ;
             For
             though
             he
             told
             His
             Majesty
             ,
             that
             that
             which
             was
             
             treated
             on
             in
             Parliament
             ,
             especially
             by
             the
             Kings
             leave
             ,
             and
             before
             the
             reason
             of
             these
             demands
             were
             declared
             ,
             was
             not
             a
             sufficient
             ground
             of
             a
             War
             ;
             yet
             notwithstanding
             ,
             my
             Lord
             of
             Strafford
             ,
             though
             he
             heard
             not
             these
             Reasons
             ,
             nor
             knew
             whether
             they
             were
             unlawful
             or
             no
             ,
             (
             he
             was
             not
             versed
             
               in
               Republica
               aliena
            
             )
             yet
             he
             reiterates
             and
             declares
             his
             advice
             again
             to
             His
             Majesty
             ,
             That
             these
             Demands
             were
             a
             sufficient
             ground
             of
             War.
             
          
           
             106.
             
             He
             saith
             ,
             That
             when
             my
             Lord
             Traquair
             made
             Relation
             at
             the
             Council-Table
             ,
             of
             the
             Demands
             made
             by
             the
             Scots
             in
             their
             Parliament
             ,
             without
             rendring
             any
             reason
             of
             the
             said
             Demands
             ,
             as
             leaving
             this
             to
             the
             Scotch
             Commissioners
             ,
             who
             were
             on
             their
             way
             ,
             
             coming
             towards
             His
             Majesty
             ,
             by
             His
             Majesties
             leave
             ,
             and
             allowed
             to
             yield
             their
             Reasons
             in
             that
             behalf
             :
             which
             Course
             of
             the
             said
             Earl
             of
             Traquairs
             ,
             in
             leaving
             the
             said
             reasons
             to
             the
             said
             Commissioners
             ,
             His
             Majesty
             well
             approved
             of
             ,
             and
             pleased
             himself
             to
             expect
             from
             him
             a
             Relation
             onely
             what
             the
             said
             demands
             were
             ;
             this
             Examinant
             ,
             on
             the
             said
             occasion
             ,
             heard
             the
             said
             E.
             of
             Strafford
             say
             to
             His
             Majesty
             ,
             after
             the
             said
             Demands
             so
             related
             ,
             That
             the
             said
             Demands
             were
             not
             matters
             of
             Religion
             ,
             but
             such
             as
             did
             strike
             at
             the
             Root
             of
             Government
             ,
             and
             such
             as
             he
             thought
             were
             fit
             for
             his
             Majesty
             to
             punish
             by
             force
             ;
             or
             words
             to
             such
             effect
             .
          
           
             Whence
             Mr.
             Whitlock
             observed
             ,
             That
             the
             words
             last
             read
             ,
             were
             spoken
             
             by
             my
             Lord
             of
             Strafford
             ,
             at
             that
             time
             ,
             when
             my
             Lord
             Traquair
             made
             a
             Relation
             before
             the
             Council
             here
             ,
             which
             was
             a
             great
             while
             before
             the
             second
             Relation
             at
             York
             ,
             before
             the
             Great
             Council
             of
             the
             Peers
             .
             And
             ,
             though
             the
             King
             himself
             ,
             in
             his
             Clemency
             and
             Goodness
             ,
             thought
             that
             a
             sufficient
             Reason
             ,
             to
             do
             no
             more
             upon
             it
             at
             that
             time
             ,
             having
             not
             heard
             the
             Reasons
             ;
             yet
             my
             Lord
             of
             Strafford
             was
             pleased
             then
             to
             give
             Him
             this
             Counsel
             .
          
           
             My
             Lord
             Traquair
             being
             Interrogated
             ,
             Whether
             the
             Reasons
             of
             the
             Demands
             
             were
             given
             before
             ,
             or
             at
             the
             Meeting
             at
             Whitehall
             ?
          
           
             He
             Answered
             ,
             That
             at
             his
             first
             Relation
             ,
             their
             Lordships
             know
             very
             well
             ,
             the
             Commissioners
             were
             not
             come
             up
             ;
             but
             ,
             he
             cannot
             burthen
             his
             Memory
             ,
             That
             he
             heard
             my
             Lord
             of
             Strafford
             say
             such
             words
             .
          
           
             Mr.
             Glyn
             observed
             ,
             That
             they
             put
             it
             only
             to
             this
             ,
             That
             the
             Reasons
             
             were
             not
             ,
             nor
             could
             not
             be
             related
             ,
             the
             Commissioners
             being
             not
             come
             up
             .
          
           
             And
             ,
             from
             these
             Proofes
             ,
             Mr.
             Whitlock
             conceived
             it
             to
             stand
             proved
             ,
             
             That
             my
             Lord
             of
             Strafford
             laboured
             to
             perswade
             His
             Majesty
             to
             an
             Offensive
             War
             ,
             to
             Imbroyle
             both
             Kingdoms
             in
             a
             National
             Quarrel
             ,
             and
             the
             blood
             one
             of
             another
             ,
             and
             this
             several
             times
             :
             and
             that
             at
             Whitehall
             being
             Three
             Quarters
             of
             a
             year
             before
             the
             other
             ,
             which
             was
             at
             the
             Council
             at
             York
             .
          
           
             For
             Proof
             of
             the
             further
             Prosecution
             of
             his
             Design
             .
          
           
             Sir
             
               Henry
               Vane
            
             ,
             Treasurer
             of
             His
             Majesties
             Houshold
             ,
             and
             Principal
             Secretary
             of
             State
             ,
             was
             Sworn
             and
             Interrogated
             ,
             What
             Advice
             my
             Lord
             of
             
             Strafford
             gave
             to
             His
             Majesty
             ,
             concerning
             making
             of
             a
             War
             with
             Scotland
             ;
             or
             seizing
             their
             Lordships
             ?
          
           
             He
             Answered
             ,
             That
             he
             should
             be
             very
             glad
             to
             understand
             the
             Question
             cleerly
             ,
             before
             he
             makes
             an
             Answer
             ;
             for
             ,
             to
             part
             of
             it
             ,
             he
             is
             able
             to
             say
             nothing
             :
             that
             is
             ,
             concerning
             the
             Ships
             of
             Scotland
             ,
             he
             not
             hearing
             of
             it
             till
             now
             .
             And
             ,
             he
             will
             be
             sorry
             here
             ,
             to
             say
             any
             thing
             ,
             that
             is
             not
             true
             ;
             for
             ,
             he
             conceives
             ,
             the
             Witnesses
             were
             put
             upon
             a
             great
             strait
             .
             The
             Examinations
             were
             taken
             long
             since
             ;
             and
             ,
             for
             his
             part
             ,
             he
             hath
             seen
             none
             of
             
             them
             :
             And
             he
             besought
             their
             Lordships
             ,
             to
             take
             so
             much
             care
             of
             them
             ,
             that
             they
             may
             not
             be
             subject
             to
             cross
             what
             was
             said
             before
             ;
             and
             ,
             peradventure
             ,
             bespatter
             our selves
             ,
             when
             we
             ought
             to
             have
             our
             Memories
             a
             little
             refresht
             in
             it
             .
             This
             he
             said
             he
             thought
             fit
             to
             speak
             before
             he
             Answers
             the
             Question
             ;
             and
             ,
             if
             he
             be
             asked
             such
             a
             Question
             as
             he
             cannot
             clearly
             Answer
             to
             ,
             he
             shall
             do
             it
             Candidly
             and
             Ingenuously
             ;
             but
             ,
             to
             the
             Ships
             ,
             he
             can
             say
             nothing
             .
          
           
             Being
             Asked
             ,
             Whether
             about
             the
             5th
             day
             of
             May
             ,
             1639
             ,
             he
             heard
             my
             Lord
             of
             Strafford
             perswade
             the
             King
             to
             an
             offensive
             War
             against
             the
             Scots
             ?
          
           
             He
             Answered
             ,
             saying
             ,
             That
             to
             that
             question
             he
             is
             able
             to
             speak
             ;
             and
             ,
             he
             is
             the
             better
             able
             (
             which
             he
             may
             declare
             to
             their
             Lordships
             here
             )
             because
             His
             Majesty
             hath
             been
             pleased
             ,
             out
             of
             the
             Justice
             and
             equality
             he
             owes
             to
             all
             his
             Servants
             ,
             to
             give
             him
             leave
             to
             do
             it
             :
             To
             that
             point
             then
             ,
             this
             he
             sayes
             ,
             clearly
             and
             plainly
             ,
             Whether
             it
             were
             upon
             the
             5th
             day
             of
             May
             ,
             or
             no
             ,
             he
             is
             not
             able
             to
             say
             ;
             but
             either
             that
             day
             ,
             or
             shortly
             after
             ,
             where
             diverse
             of
             my
             Lords
             were
             present
             ,
             being
             commanded
             ,
             after
             the
             breach
             of
             the
             Parliament
             ,
             to
             speak
             what
             was
             fit
             to
             be
             done
             ,
             and
             every
             man
             to
             vote
             in
             his
             own
             turn
             ,
             and
             he
             amongst
             the
             rest
             took
             his
             turn
             ;
             and
             he
             must
             say
             ,
             that
             after
             Mr.
             Secretary
             Windebank
             had
             spoken
             first
             of
             it
             ,
             it
             came
             to
             him
             :
             There
             were
             then
             diverse
             Reasons
             agitated
             ,
             which
             do
             not
             occurr
             to
             his
             Memory
             ;
             but
             this
             he
             remembers
             well
             ,
             a
             Defensive
             War
             was
             proposed
             ,
             for
             it
             was
             proposed
             by
             himself
             :
             Thereupon
             that
             was
             not
             thought
             fit
             to
             be
             done
             ;
             and
             certainly
             my
             Lord
             of
             Strafford
             was
             of
             opinion
             for
             an
             Offensive
             War.
             This
             he
             can
             say
             ,
             and
             this
             is
             all
             he
             can
             say
             to
             this
             point
             .
          
           
             Being
             Interrogated
             ,
             What
             he
             could
             say
             against
             my
             Lord
             of
             Straffords
             procuring
             the
             Parliament
             of
             Ireland
             ,
             to
             engage
             themselves
             in
             a
             Supply
             for
             a
             War
             against
             Scotland
             ?
          
           
             He
             Answered
             ,
             That
             this
             was
             new
             to
             him
             ;
             and
             ,
             he
             could
             say
             nothing
             to
             it
             in
             particular
             ,
             but
             what
             in
             general
             came
             to
             his
             knowledge
             ;
             That
             so
             many
             Subsidies
             were
             given
             to
             the
             King
             :
             and
             that
             is
             all
             he
             can
             say
             ,
             having
             not
             heard
             of
             the
             Question
             till
             now
             .
          
           
             Mr.
             Whitlock
             desired
             to
             read
             my
             Lord
             of
             Northumberland
             his
             Examination
             .
             
          
           
             But
             ,
             my
             Lord
             of
             Strafford
             conceived
             that
             not
             so
             proper
             ,
             his
             Examination
             
             being
             reserved
             .
          
           
             Which
             Objection
             Mr.
             Whitlock
             taking
             off
             ,
             by
             offering
             to
             their
             Lordships
             that
             for
             which
             they
             desired
             to
             reserve
             him
             ,
             was
             another
             Matter
             ,
             they
             now
             
             desiring
             his
             Examinations
             only
             to
             the
             point
             ,
             of
             my
             Lord
             of
             Straffords
             perswading
             the
             King
             ,
             to
             an
             Offensive
             War
             against
             the
             Scots
             .
          
           
           
             The
             Examination
             of
             Algernon
             Earl
             of
             Northumberland
             ,
             taken
             5th
             December
             ,
             1640.
             
             Read.
             
          
           
             To
             the
             16th
             Interrogatory
             ,
             he
             saith
             ;
             That
             the
             said
             Lord
             Lieutenant
             
             did
             ,
             after
             the
             breach
             of
             the
             last
             Parliament
             ,
             advise
             His
             Majesty
             ,
             To
             go
             vigorously
             on
             in
             an
             Offensive
             ,
             and
             not
             Defensive
             War
             against
             the
             Scots
             .
          
           
             The
             Lord
             Bishop
             of
             London
             ,
             Lord
             Treasurer
             of
             England
             ,
             Sworn
             ,
             and
             Interrogated
             ,
             
             What
             he
             knew
             concerning
             the
             Earl
             of
             Straffords
             giving
             Advice
             to
             His
             Majesty
             ,
             to
             go
             on
             in
             an
             Offensive
             War
             against
             the
             Scots
             ,
             before
             ,
             or
             after
             the
             breach
             of
             the
             last
             Parliament
             ?
          
           
             He
             Answered
             ,
             That
             all
             he
             remembred
             of
             my
             Lord
             of
             Straffords
             Advice
             ,
             touching
             a
             War
             ,
             was
             ,
             That
             which
             he
             gave
             publickly
             in
             Council
             at
             the
             Council-Board
             ;
             for
             ,
             he
             remembred
             not
             any
             single
             Advice
             that
             he
             gave
             at
             all
             .
             The
             Advice
             given
             by
             his
             Lordship
             (
             the
             Deponent
             )
             at
             the
             Council-Board
             ,
             after
             the
             Relation
             made
             by
             my
             Lord
             (
             the
             Earl
             of
             Traquair
             )
             to
             the
             best
             of
             his
             remembrance
             was
             this
             ;
             My
             Lord
             Traquair
             did
             make
             a
             Relation
             before
             His
             Majesty
             ,
             and
             my
             Lords
             ,
             of
             what
             had
             passed
             in
             the
             Parliament
             of
             Scotland
             ,
             and
             of
             many
             Demands
             made
             there
             ;
             whereunto
             they
             did
             desire
             to
             have
             His
             Majesties
             consent
             and
             approbation
             :
             His
             Majesty
             was
             pleased
             to
             signifie
             to
             those
             Lords
             ,
             That
             ,
             among
             these
             Demands
             ,
             there
             were
             some
             of
             them
             very
             prejudicial
             to
             that
             Crown
             ;
             insomuch
             ,
             that
             He
             could
             by
             no
             means
             give
             way
             to
             and
             consent
             to
             them
             ,
             with
             His
             Honor
             and
             safety
             ,
             and
             thereupon
             the
             Advice
             ,
             or
             Opinion
             ,
             given
             ,
             was
             (
             and
             then
             was
             given
             by
             my
             Lord
             the
             Earl
             of
             Strafford
             ,
             (
             as
             well
             as
             others
             of
             my
             Lords
             )
             and
             the
             Demands
             being
             of
             that
             nature
             ,
             as
             they
             were
             then
             informed
             ,
             and
             the
             Commissioners
             ,
             as
             he
             remembers
             ,
             being
             then
             come
             up
             ,
             or
             at
             lest
             had
             a
             Licence
             to
             come
             up
             ;
             )
             It
             was
             Resolved
             upon
             ,
             That
             ,
             in
             case
             they
             should
             insist
             upon
             those
             Demands
             ,
             that
             had
             been
             so
             related
             ,
             and
             would
             not
             recede
             nor
             alter
             ,
             nor
             submit
             otherwise
             ,
             then
             His
             Majesty
             should
             prepare
             Himself
             to
             reduce
             them
             by
             force
             ;
             this
             he
             takes
             to
             be
             my
             Lord
             of
             Straffords
             Expression
             ,
             and
             the
             Substance
             of
             what
             was
             there
             delivered
             .
          
           
             Being
             Asked
             ,
             Whether
             my
             Lord
             of
             Strafford
             advised
             then
             an
             Offensive
             War
             ,
             or
             a
             Defensive
             War
             ?
          
           
             He
             Answered
             ,
             That
             he
             did
             not
             well
             remember
             what
             kind
             of
             War
             ,
             but
             he
             thinks
             it
             was
             an
             Offensive
             War.
             
          
           
             Being
             Asked
             ,
             Whether
             at
             the
             Dissolving
             of
             the
             last
             Parliament
             ,
             my
             Lord
             of
             Strafford
             did
             not
             advise
             to
             an
             Offensive
             War
             ?
          
           
             He
             Answered
             ,
             That
             he
             remembers
             ,
             upon
             a
             Meeting
             afterwards
             ,
             of
             casting
             up
             the
             Charges
             ,
             and
             other
             things
             ,
             there
             was
             a
             discourse
             of
             it
             ,
             Whether
             it
             was
             best
             to
             have
             a
             War
             ,
             as
             only
             Defensive
             (
             the
             War
             being
             then
             resolved
             upon
             )
             or
             to
             make
             an
             
             Offensive
             War
             ?
             that
             is
             ,
             to
             enter
             into
             Scotland
             with
             Force
             :
             And
             there
             were
             diverse
             Opinions
             in
             't
             ,
             and
             he
             believes
             my
             Lord
             did
             incline
             to
             the
             Opinion
             ,
             for
             an
             Offensive
             War.
             
          
           
             Being
             Asked
             (
             on
             my
             Lord
             of
             Straffords
             motion
             )
             Whether
             he
             (
             my
             Lord
             of
             Strafford
             )
             delivered
             any
             Opinion
             at
             that
             time
             ,
             different
             from
             the
             rest
             of
             the
             Lords
             present
             ?
          
           
             He
             Answered
             ,
             That
             every
             man
             there
             ,
             exprest
             himself
             in
             such
             sort
             as
             he
             thought
             fit
             ;
             some
             in
             one
             kind
             ,
             some
             in
             another
             ;
             but
             he
             did
             not
             observe
             any
             difference
             as
             to
             the
             main
             ,
             in
             the
             Opinion
             of
             any
             man.
             
          
           
             Being
             Asked
             ,
             About
             the
             time
             ,
             When
             this
             was
             ?
          
           
             He
             Answered
             ,
             It
             was
             at
             the
             Council-Board
             ,
             at
             that
             time
             ,
             when
             my
             Lord
             Traquair
             made
             his
             Relation
             ,
             and
             ,
             as
             he
             remembers
             ,
             it
             was
             about
             December
             .
          
           
             Being
             Asked
             ,
             Whether
             he
             delivered
             his
             Opinion
             once
             ,
             or
             twice
             ?
          
           
             He
             Answered
             ,
             The
             Opinion
             was
             delivered
             but
             once
             ,
             as
             he
             Remembers
             .
          
           
             To
             the
             Seizing
             of
             the
             Scotch
             Ships
             in
             Ireland
             ,
             after
             the
             Pacification
             ,
          
           
             Mr.
             
               Nich.
               Barnewell
            
             Sworn
             ,
             and
             Interrogated
             ,
             What
             he
             knew
             of
             
             the
             stopping
             of
             the
             Scotch
             Ships
             in
             Ireland
             ?
          
           
             He
             Answered
             ,
             That
             Sir
             
               Robert
               Loftus
            
             had
             a
             place
             under
             my
             Lord
             Admiral
             ,
             and
             had
             seized
             on
             some
             Scotch
             Ships
             and
             Boates
             ;
             and
             ,
             that
             others
             fled
             away
             :
             and
             ,
             that
             Sir
             
               George
               Ratcliff
            
             was
             Angry
             that
             he
             spoke
             of
             it
             in
             so
             Publick
             a
             Place
             ,
             as
             to
             give
             them
             occasion
             to
             run
             away
             ;
             but
             ,
             the
             time
             he
             doth
             not
             remember
             :
             and
             ,
             he
             thinks
             ,
             Sir
             
               Robert
               Loftus
            
             was
             Vice-Admiral
             of
             Lemster
             ;
             but
             ,
             he
             cannot
             take
             his
             Oath
             that
             the
             Warrant
             was
             from
             my
             Lord
             of
             Strafford
             ;
             but
             ,
             Sir
             Robert
             told
             him
             ,
             He
             had
             a
             Warrant
             .
          
           
             And
             so
             Mr.
             Whitlock
             said
             ,
             They
             would
             leave
             it
             ,
             as
             to
             the
             matter
             of
             
             Scotland
             ,
             and
             observed
             the
             Proofes
             .
             That
             when
             a
             free
             Parliament
             was
             Convened
             there
             ,
             by
             the
             Kings
             Authority
             ,
             and
             had
             liberty
             to
             treat
             of
             their
             Grievances
             and
             Demands
             ;
             and
             ,
             when
             these
             Demands
             ,
             by
             way
             of
             Narration
             ,
             were
             declared
             in
             my
             Lord
             of
             Straffords
             hearing
             ,
             though
             the
             reasons
             of
             them
             were
             not
             then
             delivered
             :
             yet
             my
             Lord
             of
             Strafford
             gave
             his
             Advice
             to
             the
             King
             ,
             That
             these
             Demands
             made
             in
             Parliament
             were
             a
             sufficient
             ground
             of
             a
             War
             against
             them
             ,
             even
             after
             His
             Majesty
             had
             declared
             Himself
             satisfied
             ,
             and
             would
             stay
             to
             hear
             the
             Reasons
             ;
             but
             that
             would
             not
             satisfie
             my
             Lord
             of
             Strafford
             ,
             he
             himself
             declared
             it
             at
             several
             times
             ,
             and
             before
             himself
             had
             heard
             the
             Reasons
             ,
             that
             the
             Demands
             made
             by
             the
             Kings
             Free
             
             Parliament
             ,
             were
             a
             sufficient
             ground
             of
             a
             War
             :
             And
             if
             it
             be
             so
             (
             Mr.
             Whitlock
             ,
             said
             he
             )
             he
             is
             sure
             then
             ,
             Parliament
             or
             no
             Parliament
             ,
             no
             Liberty
             ,
             nor
             Property
             can
             subsist
             with
             it
             .
          
           
             My
             Lord
             of
             Strafford
             hath
             declared
             his
             intention
             and
             designe
             ,
             to
             subvert
             the
             Parliament
             ,
             and
             to
             subvert
             the
             Government
             of
             Scotland
             .
             That
             he
             perswaded
             the
             King
             to
             an
             offensive
             War
             ,
             and
             told
             the
             King
             ,
             their
             Demands
             were
             not
             matter
             of
             Religion
             ,
             but
             struck
             at
             the
             root
             of
             Government
             ,
             and
             that
             it
             was
             fit
             to
             punish
             them
             by
             force
             ,
             and
             on
             these
             proofs
             it
             is
             conceived
             his
             Designe
             was
             manifest
             .
             After
             this
             Mr.
             Whitlock
             proceeded
             to
             shew
             also
             his
             Design
             against
             England
             ,
             and
             began
             with
             the
             Testimony
             of
             my
             Lord
             Primate
             of
             Ireland
             .
          
           
             The
             Examination
             of
             the
             Right
             Reverend
             Father
             in
             God
             ,
             Iames
             ,
             Lord
             Archbishop
             of
             Armagh
             ,
             Primate
             of
             all
             Ireland
             ,
             taken
             11
             Ian.
             1640.
             
          
           
             To
             the
             119
             th
             Interrogatory
             he
             saith
             ,
             That
             in
             or
             about
             April
             last
             past
             ,
             
             in
             discourse
             betwixt
             the
             Earl
             of
             Strafford
             ,
             Lord-Lieutenant
             of
             Ireland
             ,
             and
             this
             Examinant
             at
             Dublin
             in
             Ireland
             ,
             touching
             the
             Levies
             of
             Money
             upon
             the
             Subjects
             by
             the
             King
             ,
             he
             did
             hear
             the
             said
             Earl
             of
             Strafford
             declare
             ,
             That
             he
             did
             agree
             with
             those
             in
             England
             ,
             who
             thought
             ,
             that
             (
             in
             case
             of
             imminent
             necessity
             )
             the
             King
             might
             make
             use
             of
             his
             Prerogative
             ,
             to
             levy
             what
             he
             needed
             ,
             save
             that
             ,
             as
             his
             Lordship
             then
             further
             said
             ,
             in
             his
             opinion
             )
             His
             Majesty
             was
             first
             to
             try
             His
             Parliament
             ,
             and
             if
             that
             supplyed
             him
             not
             ,
             then
             he
             might
             make
             use
             of
             His
             Prerogative
             ,
             as
             He
             pleased
             Himself
             ;
             or
             words
             to
             that
             effect
             .
          
           
             The
             Lord
             Conway
             being
             asked
             what
             words
             my
             Lord
             of
             Strafford
             used
             ,
             
             when
             the
             said
             Lord
             Conway
             Demanded
             ,
             How
             the
             Army
             should
             be
             paid
             ,
             in
             case
             the
             Parliament
             gave
             not
             supply
             ?
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             had
             been
             formerly
             examined
             upon
             this
             thing
             ,
             and
             then
             gave
             his
             Answer
             ,
             and
             besought
             their
             Lordships
             to
             give
             him
             leave
             to
             look
             on
             what
             he
             said
             ,
             that
             he
             might
             not
             vary
             .
          
           
             And
             after
             some
             Debate
             thereupon
             ,
             having
             the
             Copy
             of
             his
             Examination
             shewed
             him
             .
          
           
             He
             Answered
             to
             the
             said
             Question
             ,
             That
             it
             was
             only
             for
             one
             word
             ,
             that
             he
             desired
             to
             look
             into
             the
             Paper
             ,
             and
             it
             was
             ,
             whether
             in
             the
             later
             end
             he
             did
             not
             say
             (
             or
             words
             to
             that
             effect
             )
             These
             words
             about
             which
             he
             is
             examined
             ,
             did
             pass
             between
             my
             Lord
             of
             Strafford
             and
             him
             in
             private
             discourse
             ,
             when
             (
             he
             believes
             )
             neither
             of
             them
             thought
             they
             should
             have
             been
             called
             to
             an
             account
             for
             them
             ;
             for
             they
             were
             then
             thinking
             of
             raising
             of
             Horse
             ,
             and
             seeing
             but
             small
             sums
             of
             Money
             ,
             He
             asked
             my
             Lord
             how
             these
             Forces
             should
             be
             paid
             ?
             His
             Lordship
             Answered
             ,
             He
             made
             no
             doubt
             ,
             but
             that
             the
             Parliament
             would
             give
             assistance
             to
             the
             King
             by
             12
             Subsidies
             ;
             and
             if
             they
             did
             that
             ,
             it
             would
             sufficiently
             pay
             the
             Army
             ,
             or
             some
             such
             words
             .
             But
             said
             he
             (
             my
             Lord
             Conway
             )
             What
             if
             the
             Parliament
             shall
             not
             supply
             the
             King
             ,
             or
             not
             give
             these
             Subsidies
             ?
             Then
             my
             Lord
             of
             Strafford
             said
             ,
             or
             words
             to
             that
             effect
             ,
             That
             the
             King
             had
             need
             ,
             and
             if
             the
             Parliment
             
             would
             not
             supply
             the
             King
             in
             those
             things
             that
             were
             just
             and
             lawful
             to
             be
             supplyed
             ;
             and
             if
             they
             would
             be
             so
             wilful
             ,
             as
             not
             to
             supply
             him
             ;
             then
             the
             King
             was
             justified
             before
             God
             and
             Man
             ,
             if
             he
             did
             help
             himself
             in
             the
             Goods
             of
             the
             Subjects
             (
             or
             to
             this
             effect
             )
             tho
             it
             were
             against
             their
             Wills.
             
          
           
             Being
             directed
             to
             repeat
             the
             words
             again
             (
             on
             my
             Lord
             of
             
             Strafford's
             motion
             .
             )
          
           
             His
             Lordship
             Answered
             ,
             That
             in
             his
             examination
             he
             said
             words
             to
             this
             effect
             ,
             and
             so
             he
             doth
             now
             ,
             yet
             doth
             not
             depose
             absolutely
             ,
             that
             these
             very
             words
             were
             spoken
             ,
             but
             to
             his
             understanding
             ,
             and
             as
             he
             then
             conceived
             them
             ,
             they
             were
             to
             this
             purpose
             ;
             when
             he
             asked
             my
             Lord
             of
             Strafford
             ,
             how
             these
             Troops
             then
             raised
             should
             be
             paid
             ?
             My
             Lord
             of
             Strafford
             said
             ,
             He
             made
             no
             doubt
             but
             the
             Parliament
             would
             supply
             the
             King
             ,
             and
             give
             him
             12
             Subsidies
             .
             And
             saying
             again
             .
             What
             if
             the
             Parliament
             would
             not
             give
             him
             that
             assistance
             ?
             My
             Lord
             of
             Strafford
             said
             ,
             The
             cause
             was
             very
             just
             and
             lawful
             ,
             and
             if
             the
             Parliament
             would
             not
             supply
             him
             ,
             then
             he
             was
             justified
             before
             God
             and
             Man
             ,
             if
             he
             sought
             means
             to
             help
             himself
             ,
             though
             it
             were
             against
             their
             Wills.
             
          
           
             Sir
             
               Henry
               Vane
            
             being
             Interrogated
             ,
             whether
             he
             did
             not
             hear
             my
             Lord
             
             of
             Strafford
             (
             when
             consideration
             was
             had
             of
             a
             Parliament
             ,
             before
             the
             last
             Parliament
             )
             promise
             His
             Majesty
             ,
             in
             case
             the
             Parliament
             did
             not
             succeed
             ,
             he
             would
             be
             ready
             to
             serve
             him
             in
             any
             other
             way
             ?
          
           
             He
             Answered
             ,
             That
             he
             must
             begin
             ,
             as
             the
             Lord
             that
             spake
             last
             (
             since
             they
             have
             no
             help
             of
             their
             Examinations
             )
             which
             is
             ,
             that
             the
             words
             were
             such
             ,
             or
             to
             such
             an
             effect
             ,
             for
             otherwise
             ,
             they
             that
             be
             Witnesses
             have
             a
             very
             hard
             task
             to
             play
             ,
             for
             they
             lye
             open
             to
             be
             excepted
             against
             ,
             and
             peradventure
             when
             they
             speak
             truly
             ,
             may
             be
             intangled
             ,
             if
             their
             memory
             help
             them
             not
             out
             .
             But
             to
             the
             Question
             proposed
             ,
             he
             says
             this
             ,
             That
             upon
             the
             5th
             of
             December
             ,
             as
             he
             takes
             it
             ,
             he
             did
             hear
             my
             Lord
             of
             Strafford
             speak
             words
             to
             that
             effect
             ,
             as
             they
             are
             now
             asked
             ,
             to
             his
             best
             remembrance
             :
             and
             truly
             (
             he
             thinks
             )
             really
             he
             did
             viz.
             That
             truly
             if
             the
             Parliament
             should
             not
             succeed
             ,
             his
             Lordship
             would
             be
             rea
             dy
             to
             assist
             His
             Majesty
             any
             other
             way
             ,
             or
             words
             to
             this
             effect
             .
          
           
             Mr.
             Whitlock
             summed
             up
             the
             Evidence
             ,
             and
             said
             ,
             There
             was
             an
             intent
             to
             
             call
             a
             Parliament
             ,
             to
             try
             if
             they
             would
             give
             the
             King
             a
             Supply
             ,
             and
             being
             engaged
             in
             a
             War
             against
             the
             Scots
             ,
             my
             Lord
             of
             Strafford
             before
             the
             Parliament
             came
             ,
             doubted
             not
             but
             12
             Subsidies
             would
             be
             given
             ,
             and
             while
             the
             Parliament
             was
             sitting
             ,
             that
             was
             the
             number
             demanded
             by
             a
             Message
             from
             the
             King.
             
          
           
             This
             designe
             did
             not
             take
             other
             effect
             than
             himself
             expected
             ,
             and
             it
             seems
             desired
             ;
             for
             when
             the
             Parliament
             was
             set
             ,
             and
             frequently
             urged
             by
             messages
             from
             His
             Majesty
             ,
             to
             give
             that
             very
             number
             of
             12
             Subsidies
             ,
             and
             that
             for
             release
             of
             Ship-money
             only
             ,
             whereas
             by
             the
             old
             and
             right
             course
             of
             Parliaments
             ,
             the
             grievances
             are
             in
             the
             first
             place
             to
             be
             considered
             of
             ,
             and
             to
             be
             humbly
             presented
             to
             His
             Majesty
             ;
             and
             upon
             redress
             of
             those
             grievances
             ,
             
             the
             people
             are
             to
             shew
             their
             thankfulness
             to
             His
             Majesty
             ,
             for
             His
             Grace
             and
             Goodness
             ,
             in
             redressing
             of
             them
             ,
             by
             their
             free
             gift
             of
             Subsidies
             .
          
           
             My
             Lord
             of
             Strafford
             changes
             this
             course
             ,
             and
             perswades
             His
             Majesty
             to
             put
             the
             Subsidies
             in
             the
             first
             place
             ,
             and
             to
             fall
             at
             first
             on
             consideration
             of
             supply
             ,
             and
             that
             so
             great
             a
             proportion
             ,
             and
             while
             the
             Parliament
             was
             in
             debate
             of
             this
             ,
             and
             before
             they
             had
             resolved
             whether
             they
             would
             give
             Supply
             or
             no
             ,
             by
             my
             Lord
             of
             
             Strafford's
             advice
             ,
             the
             Parliament
             was
             Dissolved
             ;
             His
             Lordship
             confesses
             in
             his
             Answer
             ,
             he
             did
             give
             his
             Vote
             for
             dissolving
             of
             the
             Parliament
             ,
             and
             they
             shall
             make
             it
             appear
             in
             time
             ,
             that
             he
             did
             procure
             it
             .
          
           
             After
             the
             Parliament
             was
             Dissolved
             ,
             my
             Lord
             of
             Strafford
             goes
             on
             ,
             endeavouring
             all
             that
             lay
             in
             his
             power
             ,
             to
             incense
             a
             Gracious
             Sovereign
             against
             His
             loving
             Subjects
             ,
             to
             slander
             the
             people
             to
             the
             King
             ,
             and
             for
             ever
             to
             break
             off
             all
             Parliaments
             ,
             and
             take
             away
             the
             Liberty
             and
             Property
             of
             the
             Subject
             ;
             and
             by
             what
             course
             ?
             By
             Force
             ,
             by
             bringing
             in
             an
             Army
             amongst
             us
             .
             That
             was
             his
             Advice
             ,
             tho
             (
             blessed
             be
             God
             )
             His
             Majesty
             was
             pleased
             to
             reject
             it
             .
          
           
             1.
             
             To
             prove
             what
             was
             said
             by
             the
             Creatures
             and
             Friends
             of
             my
             Lord
             of
             Strafford
             .
          
           
             Sir
             
               Ro.
               King
            
             being
             Interrogated
             ,
             What
             words
             he
             heard
             from
             Sir
             George
             
             Ratcliffe
             to
             this
             purpose
             ,
             That
             the
             King
             had
             an
             Army
             ,
             and
             Money
             in
             his
             Purse
             ,
             and
             if
             His
             Subjects
             in
             England
             should
             not
             supply
             him
             ,
             what
             use
             he
             might
             make
             of
             His
             Army
             for
             supply
             ,
             and
             the
             times
             ?
          
           
             He
             Answered
             ,
             That
             he
             demanded
             of
             Sir
             
               George
               Ratcliffe
            
             ,
             How
             the
             King
             would
             do
             for
             Money
             to
             maintain
             the
             Scotch
             War
             ?
             Sir
             
               George
               Ratcliffe
            
             said
             ,
             The
             King
             could
             not
             want
             Money
             ,
             His
             Majesty
             had
             an
             Army
             of
             30000
             Men
             ,
             and
             he
             had
             400000
             l.
             in
             his
             Purse
             ,
             and
             a
             Sword
             by
             his
             side
             ,
             and
             if
             he
             would
             want
             Money
             ,
             who
             could
             pity
             him
             ?
             or
             words
             to
             this
             purpose
             .
          
           
             To
             which
             he
             the
             Deponent
             objected
             ,
             How
             can
             this
             course
             be
             taken
             ,
             when
             the
             Scotch
             are
             on
             foot
             unpacified
             ?
             Sir
             
               George
               Answered
            
             ,
             They
             can
             make
             peace
             with
             the
             Scotch
             when
             they
             please
             ;
             and
             being
             riding
             together
             to
             the
             —
             —
             he
             the
             Deponent
             said
             ,
             That
             my
             Lord
             Lieutenant
             ,
             and
             the
             said
             Sir
             George
             had
             least
             reason
             of
             all
             His
             Majesties
             Subjects
             to
             desire
             a
             War.
             Sir
             
               George
               Answered
            
             ,
             It
             is
             true
             ,
             For
             his
             part
             he
             would
             give
             20000
             l.
             to
             be
             quit
             of
             it
             ,
             but
             we
             are
             now
             engaged
             ,
             and
             we
             cannot
             but
             go
             on
             ;
             and
             then
             he
             (
             the
             Deponent
             )
             asking
             ,
             What
             he
             would
             do
             for
             Money
             ?
             Sir
             
               George
               Answered
            
             ,
             The
             King
             could
             not
             want
             Money
             ,
             He
             had
             an
             Army
             ,
             &c.
             as
             before
             is
             deposed
             .
          
           
             Being
             asked
             what
             was
             the
             reason
             of
             making
             this
             Demand
             ,
             and
             whether
             he
             did
             conceive
             a
             forcible
             way
             was
             intended
             ?
          
           
             He
             Answered
             ,
             He
             did
             understand
             that
             by
             the
             words
             ,
             
               That
               if
               they
               would
               not
               supply
               him
               ,
               the
               King
               was
               ready
               to
               supply
               himself
               .
            
          
           
             Lord
             Ranalaugh
             being
             Interrogated
             ,
             What
             he
             heard
             Sir
             
               George
               Ratcliffe
            
             
             speak
             ,
             concerning
             the
             Kings
             levying
             Money
             by
             force
             ,
             or
             to
             that
             purpose
             ?
          
           
           
             He
             Answered
             ,
             That
             the
             words
             he
             is
             to
             inform
             their
             Lordships
             of
             ,
             and
             on
             which
             he
             was
             formerly
             examined
             ,
             proceeded
             from
             Sir
             George
             
             Ratcliffe
             ,
             not
             to
             him
             privately
             and
             only
             ,
             but
             they
             were
             spoken
             in
             a
             Council
             of
             War
             ,
             when
             they
             were
             assembled
             together
             upon
             that
             service
             .
             My
             Lord-Lieutenant
             arrived
             in
             Ireland
             in
             March
             was
             12
             Months
             ,
             and
             after
             his
             Lordship
             had
             spent
             some
             days
             in
             Ireland
             ,
             (
             within
             which
             time
             he
             (
             the
             Deponent
             )
             with
             others
             ,
             were
             commanded
             ,
             to
             attend
             at
             a
             Council
             of
             War
             )
             departed
             that
             Kingdom
             ,
             leaving
             direction
             behind
             him
             ,
             how
             this
             affair
             should
             be
             proceeded
             in
             ,
             in
             his
             Lordships
             absence
             ;
             and
             as
             he
             takes
             it
             ,
             in
             the
             beginning
             of
             April
             ,
             my
             Lord
             departed
             out
             of
             Ireland
             ;
             and
             not
             long
             after
             ,
             they
             being
             assembled
             in
             a
             Council
             of
             War
             ,
             there
             was
             occasion
             to
             speak
             of
             all
             preparations
             that
             should
             be
             ,
             for
             the
             raising
             of
             an
             Army
             of
             8000
             Foot
             ,
             and
             Provision
             for
             transportation
             of
             1000
             Horse
             ,
             which
             was
             the
             Army
             of
             Ireland
             at
             that
             time
             .
             In
             these
             discourses
             they
             found
             there
             was
             a
             great
             deal
             of
             Treasure
             to
             be
             consumed
             ,
             and
             much
             Money
             required
             ,
             to
             supply
             the
             occasion
             :
             It
             was
             computed
             (
             and
             he
             thinks
             ,
             Sir
             
               George
               Ratcliffe
            
             had
             a
             privy
             hand
             in
             the
             computing
             of
             it
             )
             how
             much
             charge
             would
             maintain
             the
             Army
             for
             a
             year
             ?
             and
             to
             the
             best
             of
             his
             remembrance
             ,
             it
             was
             computed
             at
             270000
             l.
             and
             odd
             ,
             which
             gave
             them
             occasion
             (
             considering
             the
             Army
             to
             be
             transported
             out
             of
             Ireland
             ,
             was
             but
             in
             proportion
             ⅓
             of
             what
             was
             prepared
             in
             England
             )
             to
             speak
             of
             the
             Charge
             that
             must
             be
             raised
             in
             England
             ,
             according
             to
             that
             proportion
             :
             And
             they
             finding
             it
             to
             amount
             to
             so
             great
             a
             sum
             ,
             it
             fell
             into
             question
             ,
             how
             the
             King
             should
             be
             supplyed
             with
             Money
             ,
             for
             so
             great
             expence
             of
             Treasure
             ,
             if
             he
             were
             not
             supplyed
             by
             Parliament
             ?
             Sir
             
               George
               Ratcliffe
               Answered
            
             ,
             The
             King
             hath
             his
             Sword
             by
             his
             side
             ,
             and
             30000
             men
             at
             command
             ,
             and
             if
             he
             want
             money
             ,
             let
             no
             man
             pity
             him
             .
             It
             was
             thereupon
             replyed
             ,
             and
             as
             (
             he
             the
             Deponent
             takes
             it
             ,
             by
             himself
             )
             how
             can
             Money
             be
             raised
             ,
             when
             the
             Scotch
             Army
             is
             on
             foot
             ,
             and
             so
             strong
             ?
             Sir
             
               George
               Answered
            
             ,
             We
             can
             make
             peace
             with
             the
             Scots
             when
             we
             list
             ,
             but
             that
             is
             the
             worst
             of
             evils
             ;
             and
             this
             is
             in
             substance
             as
             much
             as
             the
             Deponent
             can
             remember
             .
          
           
             Whence
             Mr.
             Whitlock
             observed
             ,
             That
             their
             Lordships
             heard
             what
             passed
             
             from
             Sir
             
               George
               Ratcliffe
            
             in
             Words
             and
             Counsels
             ,
             and
             that
             their
             Lordships
             knew
             the
             nearness
             and
             relation
             between
             Sir
             
               George
               Ratcliffe
            
             ,
             and
             my
             Lord
             of
             Strafford
             ,
             and
             this
             was
             after
             direction
             was
             left
             for
             raising
             the
             Army
             ;
             and
             when
             my
             Lord
             of
             Strafford
             was
             come
             away
             himself
             ,
             it
             seems
             he
             had
             left
             his
             directions
             with
             Sir
             
               George
               Ratcliffe
            
             ,
             as
             it
             will
             appear
             by
             my
             Lords
             own
             words
             concurring
             with
             these
             .
          
           
             And
             Mr.
             Maynard
             desired
             their
             Lordships
             to
             take
             notice
             of
             these
             words
             ,
             
             
               (
               We
               can
               make
               peace
               with
               the
               Scots
               when
               we
               will
               )
            
             it
             was
             not
             Sir
             
               George
               Ratcliffe
            
             alone
             .
          
           
             Sir
             
               Tho.
               Barrington
            
             being
             Sworn
             and
             Interrogated
             ,
             what
             words
             passed
             
             from
             Sir
             
               George
               Wentworth
            
             to
             him
             ,
             About
             Englands
             
               being
               sick
               of
               peace
            
             ,
             &c
             ,
             at
             what
             time
             it
             was
             ,
             and
             on
             what
             occasion
             ?
          
           
           
             He
             Answered
             ,
             That
             immediately
             after
             the
             last
             Parliament
             ,
             Sir
             
               George
               Wentworth
            
             had
             accidentally
             a
             discourse
             with
             him
             ,
             being
             a
             Gentleman
             ,
             with
             whom
             ,
             he
             (
             the
             Deponent
             )
             never
             had
             intercourse
             or
             interlocution
             before
             that
             time
             .
             On
             some
             discourse
             betwixt
             them
             concerning
             the
             former
             Parliament
             ,
             in
             the
             close
             of
             his
             discourse
             ,
             he
             was
             pleased
             to
             express
             himself
             thus
             .
             
               This
               Commonwealth
               is
               sick
               of
               Peace
               ,
               and
               will
               not
               be
               well
               till
               it
               be
               conquered
               again
               .
            
             The
             application
             of
             these
             words
             ,
             he
             (
             the
             Deponent
             )
             said
             ,
             he
             must
             leave
             to
             their
             Lordships
             better
             Judgements
             ,
             he
             not
             being
             able
             to
             decide
             it
             :
             And
             to
             the
             occasion
             ,
             according
             to
             the
             truth
             which
             shall
             be
             ever
             present
             with
             him
             ,
             he
             (
             the
             Deponent
             )
             said
             he
             would
             deliver
             it
             cleerly
             .
             They
             had
             some
             occasion
             to
             discourse
             of
             the
             former
             Parliament
             ,
             and
             speaking
             now
             on
             his
             oath
             ,
             he
             must
             express
             that
             ,
             which
             otherwise
             he
             should
             not
             ,
             being
             the
             words
             of
             a
             private
             discourse
             ,
             which
             in
             the
             course
             of
             his
             life
             he
             hath
             ever
             avoided
             ,
             especially
             in
             the
             Case
             of
             a
             Gentleman
             .
             They
             were
             in
             discourse
             of
             the
             former
             Parliament
             ,
             and
             the
             carriage
             of
             that
             ;
             and
             Sir
             
               George
               Wentworth
            
             was
             of
             one
             opinion
             ,
             and
             he
             (
             the
             Deponent
             )
             of
             another
             .
             Sir
             George
             expressed
             himself
             in
             this
             sence
             ,
             That
             he
             conceived
             the
             Parliament
             had
             no
             intention
             to
             give
             the
             King
             Money
             ,
             he
             (
             the
             Deponent
             )
             said
             ,
             That
             if
             the
             Kings
             Majesty
             had
             pleased
             ,
             they
             had
             sate
             awhile
             together
             ;
             they
             had
             supplied
             him
             ,
             And
             on
             the
             close
             ,
             that
             expression
             fell
             from
             him
             ,
             that
             which
             he
             (
             the
             Deponent
             )
             said
             ,
             he
             shall
             not
             not
             need
             to
             repeat
             .
          
           
             Sir
             
               Robert
               King
            
             being
             Interrogated
             ,
             what
             sense
             and
             apprehension
             was
             in
             my
             Lord
             Ranalaugh
             ,
             on
             the
             words
             that
             fell
             from
             Sir
             
               George
               Ratcliffe
            
             
             at
             the
             Council-Board
             ?
          
           
             He
             Answered
             ,
             That
             my
             Lord
             Ranalaugh
             did
             conceive
             ,
             there
             was
             an
             intention
             to
             take
             Money
             forcibly
             in
             England
             ,
             and
             was
             much
             troubled
             with
             the
             words
             ,
             and
             cast
             out
             some
             such
             Speeches
             ;
             That
             we
             shall
             turn
             our
             swords
             on
             them
             from
             whom
             we
             are
             descended
             ,
             and
             having
             cut
             their
             throats
             ,
             make
             way
             for
             our
             own
             safety
             ,
             or
             some
             such
             words
             .
          
           
             Lord
             Ranalaugh
             being
             Interrogated
             ,
             what
             his
             sense
             was
             of
             these
             words
             ,
             
             spoken
             by
             Sir
             
               George
               Ratcliffe
            
             ?
          
           
             He
             Answered
             ,
             That
             the
             expression
             of
             these
             words
             ,
             and
             some
             other
             words
             ,
             that
             fell
             from
             my
             Lord-Lieutenant
             to
             himself
             ,
             before
             his
             Lordships
             departure
             out
             of
             Ireland
             ,
             made
             him
             doubt
             that
             there
             might
             be
             some
             danger
             intended
             ,
             by
             the
             transportation
             of
             the
             Army
             ;
             and
             it
             was
             not
             his
             sense
             alone
             ,
             for
             upon
             discourse
             betwixt
             others
             that
             were
             of
             the
             Council
             and
             himself
             ,
             the
             like
             apprehensions
             were
             amongst
             them
             ,
             as
             between
             my
             Lord
             President
             of
             Munster
             and
             him
             ;
             and
             also
             between
             Sir
             
               Adam
               Loftus
            
             and
             him
             :
             Those
             that
             durst
             be
             free
             one
             to
             another
             ,
             did
             express
             their
             fears
             and
             apprehensions
             about
             it
             .
          
           
           
             Being
             asked
             ,
             what
             the
             words
             were
             my
             Lord
             of
             Strafford
             spake
             to
             him
             ,
             on
             which
             the
             apprehensions
             were
             grounded
             ?
          
           
             He
             Answered
             ,
             That
             it
             was
             thus
             :
             My
             Lord
             of
             Strafford
             at
             his
             last
             being
             in
             Ireland
             ,
             was
             pleased
             to
             say
             to
             him
             ,
             My
             Lord
             ,
             will
             you
             buy
             any
             Land
             ?
             I
             will
             sell
             you
             all
             the
             Land
             I
             have
             in
             Ireland
             .
             To
             which
             ,
             he
             the
             Lord
             
               Ranalaugh
               Answered
            
             ,
             That
             he
             is
             not
             able
             to
             buy
             Land
             ,
             being
             in
             debt
             ,
             and
             God
             forbid
             his
             Lordship
             should
             sell
             his
             Land
             in
             Ireland
             ;
             Truly
             says
             he
             ,
             my
             Lord
             ,
             we
             are
             like
             to
             have
             a
             troublesome
             world
             ,
             and
             I
             am
             willing
             to
             part
             with
             it
             .
             To
             which
             ,
             the
             Lord
             Ranalaugh
             replyed
             ,
             it
             will
             be
             hard
             then
             with
             us
             ,
             that
             have
             no
             Estates
             but
             in
             Ireland
             .
             No
             my
             Lord
             (
             says
             my
             Lord
             of
             Strafford
             )
             I
             do
             not
             mean
             it
             so
             ,
             for
             I
             believe
             you
             will
             be
             quieter
             here
             ,
             than
             they
             will
             be
             in
             England
             :
             But
             he
             doth
             not
             think
             that
             ever
             he
             spake
             these
             last
             words
             to
             Sir
             
               Robert
               King
            
             in
             his
             life
             .
          
           
             Being
             asked
             ,
             How
             he
             expressed
             his
             sense
             of
             those
             words
             to
             Sir
             
               Robert
               King
            
             ?
          
           
             He
             Answered
             ,
             That
             the
             first
             discourse
             was
             from
             Sir
             
               George
               Ratcliffe
            
             ;
             the
             latter
             was
             from
             my
             Lord
             to
             himself
             .
             He
             apprehended
             there
             was
             some
             design
             (
             as
             he
             feared
             )
             in
             England
             ,
             and
             he
             had
             this
             reason
             for
             it
             too
             .
             For
             in
             that
             condition
             they
             were
             then
             in
             ,
             they
             of
             the
             Council
             of
             Warr
             saw
             no
             possibility
             to
             make
             this
             Army
             in
             a
             readiness
             to
             invade
             Scotland
             within
             the
             time
             limited
             ;
             for
             by
             directions
             of
             my
             Lord
             of
             Strafford
             ,
             left
             with
             them
             ,
             they
             were
             to
             be
             ready
             at
             the
             Provincial
             Rendezvous
             ,
             by
             the
             18
             th
             of
             May
             ,
             and
             that
             by
             subsequent
             directions
             ,
             was
             forborn
             till
             18
             th
             Iune
             :
             then
             they
             all
             met
             ,
             to
             march
             to
             the
             general
             Rendezvous
             ;
             The
             Arms
             ,
             Ammunition
             ,
             and
             Preparations
             could
             not
             be
             ready
             so
             soon
             ,
             nor
             were
             they
             in
             readiness
             ,
             till
             the
             end
             of
             Sept.
             following
             ;
             So
             that
             on
             the
             whole
             matter
             ,
             those
             amongst
             them
             that
             might
             be
             free
             ,
             their
             consultations
             all
             agreed
             ,
             that
             it
             might
             tend
             to
             the
             purposes
             here
             declared
             .
          
           
             And
             from
             the
             time
             observed
             by
             my
             Lord
             Ranalaugh
             ,
             for
             the
             raising
             of
             
             the
             Army
             in
             Ireland
             ,
             Mr.
             Whitlock
             observed
             ,
             That
             it
             could
             not
             be
             intended
             for
             Scotland
             ,
             for
             no
             Army
             was
             raised
             in
             Scotland
             ,
             till
             some
             months
             after
             .
          
           
             To
             prove
             the
             words
             spoken
             by
             the
             Lord
             of
             Strafford
             himself
             ,
             to
             shew
             his
             designe
             to
             bring
             the
             Army
             to
             England
             .
          
           
             Sir
             
               Tho.
               German
            
             Comptroller
             of
             His
             Majesties
             Houshold
             ,
             being
             Interrogated
             ,
             
             whether
             he
             heard
             not
             the
             Earl
             of
             Strafford
             tell
             the
             King
             ,
             that
             the
             Parliament
             had
             denyed
             to
             supply
             him
             ,
             and
             had
             sorsaken
             him
             ,
             or
             words
             to
             that
             effect
             ?
          
           
             He
             Answered
             ,
             That
             he
             should
             humbly
             presume
             to
             crave
             one
             thing
             of
             their
             Lordships
             ,
             and
             it
             was
             briefly
             this
             ,
             There
             is
             nothing
             that
             he
             can
             be
             Interrogated
             upon
             in
             this
             Cause
             ,
             but
             it
             must
             fall
             within
             the
             cognizance
             and
             knowledge
             of
             many
             of
             my
             Lords
             here
             present
             ,
             who
             must
             needs
             remember
             all
             that
             he
             hath
             to
             say
             ,
             as
             well
             ,
             or
             perhaps
             better
             than
             he
             can
             himself
             ;
             His
             humble
             desire
             
             therefore
             to
             their
             Lordships
             is
             ,
             That
             if
             through
             distance
             of
             time
             ,
             and
             the
             weakness
             of
             his
             memory
             ,
             there
             be
             any
             thing
             that
             may
             be
             better
             remembred
             by
             some
             of
             their
             Lordships
             ,
             than
             is
             at
             this
             time
             by
             himself
             ,
             it
             may
             not
             be
             imputed
             to
             him
             ,
             as
             from
             a
             desire
             of
             concealing
             any
             part
             of
             the
             truth
             ,
             but
             a
             failor
             in
             memory
             ;
             and
             that
             their
             Lordships
             will
             believe
             of
             him
             ,
             that
             in
             this
             great
             Assembly
             ,
             he
             shall
             be
             very
             unwilling
             to
             speak
             any
             thing
             ,
             but
             ,
             that
             that
             shall
             perfectly
             occurr
             to
             his
             remembrance
             ,
             and
             that
             request
             granted
             ,
             he
             shall
             humbly
             answer
             to
             every
             thing
             .
             And
             to
             the
             question
             he
             remembers
             very
             well
             ,
             that
             he
             was
             Interrogated
             upon
             the
             same
             terms
             heretofore
             ,
             that
             he
             is
             now
             .
             His
             Answer
             was
             then
             ,
             as
             he
             takes
             it
             ,
             in
             these
             words
             ;
             That
             he
             remembred
             that
             he
             heard
             my
             Lord
             of
             Strafford
             say
             something
             of
             the
             Parliaments
             deserting
             ,
             or
             forsaking
             the
             King
             ,
             or
             something
             to
             that
             effect
             or
             purpose
             ;
             but
             he
             did
             not
             remember
             then
             ,
             what
             inference
             my
             Lord
             made
             upon
             it
             ,
             nor
             what
             he
             did
             conclude
             thereupon
             ;
             neither
             can
             he
             now
             call
             himself
             to
             further
             remembrance
             on
             that
             point
             ,
             than
             he
             then
             deposed
             .
          
           
             The
             Earl
             of
             Bristol
             Sworn
             and
             Interrogated
             ,
             Whether
             he
             heard
             any
             
             words
             spoken
             by
             my
             Lord
             of
             Strafford
             ,
             That
             in
             this
             great
             distress
             of
             King
             and
             Kingdom
             ,
             the
             Parliament
             had
             refused
             to
             supply
             the
             King
             in
             the
             ordinary
             and
             usual
             way
             ,
             and
             that
             therefore
             the
             King
             might
             provide
             for
             the
             Kingdom
             ,
             by
             such
             ways
             as
             he
             thought
             fit
             ,
             and
             was
             not
             to
             suffer
             himself
             to
             be
             mastered
             by
             the
             frowardness
             and
             undutifulness
             of
             his
             people
             ,
             or
             to
             that
             effect
             ?
          
           
             He
             Answered
             ,
             That
             it
             is
             very
             true
             ,
             that
             about
             12
             months
             since
             ,
             by
             meer
             accident
             ,
             he
             had
             a
             private
             discourse
             with
             my
             Lord
             of
             Strafford
             ,
             and
             some
             months
             after
             had
             discourse
             with
             a
             Peer
             of
             this
             House
             ,
             my
             Lord
             Conway
             by
             name
             ,
             meerly
             to
             let
             him
             know
             the
             difference
             that
             was
             between
             some
             Tenants
             of
             my
             Lord
             of
             Straffords
             and
             himself
             (
             the
             Earl
             of
             Bristol
             )
             What
             use
             hath
             been
             made
             of
             it
             ,
             he
             doth
             not
             know
             ;
             But
             upon
             this
             ,
             he
             doth
             conceive
             he
             comes
             to
             be
             Interrogated
             :
             It
             is
             almost
             Twelvemonths
             agoe
             ,
             since
             this
             discourse
             did
             happen
             ,
             yet
             afterwards
             he
             was
             called
             ,
             now
             a
             month
             or
             six
             weeks
             since
             ,
             and
             was
             examined
             on
             oath
             on
             several
             Interrogatories
             ;
             After
             he
             had
             well
             recollected
             himself
             ,
             he
             did
             set
             down
             for
             his
             memory
             ,
             what
             he
             could
             think
             of
             ,
             and
             out
             of
             those
             Notes
             and
             Papers
             ,
             he
             did
             then
             make
             his
             Answer
             :
             Now
             his
             examination
             being
             upon
             oath
             ,
             he
             shall
             be
             very
             loath
             to
             depose
             particularly
             to
             words
             ,
             but
             to
             the
             effect
             of
             what
             passed
             :
             And
             therefore
             he
             shall
             crave
             leave
             ,
             not
             out
             of
             his
             examinations
             ,
             but
             out
             of
             the
             words
             he
             then
             set
             down
             ,
             to
             read
             the
             effect
             of
             what
             he
             then
             spake
             ;
             for
             if
             a
             man
             be
             deprived
             of
             words
             ,
             and
             tell
             not
             the
             sense
             and
             coherence
             ,
             and
             subsequents
             ,
             he
             shall
             not
             do
             himself
             right
             ,
             but
             may
             do
             a
             great
             deal
             of
             wrong
             to
             the
             party
             accused
             :
             and
             therefore
             ,
             though
             it
             be
             somewhat
             the
             longer
             ,
             he
             shall
             tell
             the
             circumstances
             .
             It
             is
             true
             ,
             That
             after
             the
             disso
             lution
             of
             the
             last
             Parliament
             ,
             he
             had
             discourse
             accidentally
             with
             the
             Earl
             of
             Strafford
             ,
             but
             being
             many
             months
             since
             ,
             he
             cannot
             precisely
             depose
             unto
             the
             words
             that
             then
             passed
             ;
             But
             he
             remembers
             ,
             that
             speaking
             then
             together
             of
             the
             great
             distractions
             of
             
             those
             times
             
               (
               Videlicet
            
             )
             touching
             the
             present
             things
             ,
             that
             were
             then
             at
             Lambeth
             (
             for
             it
             was
             just
             about
             that
             time
             of
             the
             Mutiny
             of
             some
             Soldiers
             against
             their
             Officers
             )
             of
             the
             present
             great
             danger
             apprehended
             by
             the
             ensuing
             War
             (
             as
             was
             feared
             )
             of
             Scotland
             ,
             and
             of
             the
             said
             Parliament
             being
             broken
             ,
             without
             supplying
             the
             King
             ;
             he
             (
             the
             Earl
             of
             Bristol
             )
             did
             then
             ,
             in
             his
             discourse
             ,
             chiefly
             attribute
             these
             disorders
             to
             the
             breach
             of
             the
             Parliament
             ;
             And
             ,
             speaking
             what
             might
             be
             the
             best
             way
             for
             help
             in
             these
             distressed
             times
             ,
             he
             then
             conceived
             and
             said
             ,
             that
             he
             thought
             the
             best
             way
             to
             prevent
             any
             desperate
             undertakings
             ,
             would
             be
             ,
             to
             Summon
             a
             new
             Parliament
             ,
             that
             might
             quiet
             the
             times
             for
             the
             present
             .
          
           
             The
             expectation
             thereof
             might
             quiet
             the
             Distempers
             at
             that
             time
             .
             And
             ,
             as
             for
             the
             War
             of
             Scotland
             ,
             he
             did
             much
             fear
             the
             success
             of
             it
             ,
             unless
             the
             King
             should
             be
             assisted
             both
             with
             the
             Purse
             and
             Affections
             of
             his
             People
             .
             And
             he
             Alleadging
             to
             my
             Lord
             of
             Strafford
             many
             Reasons
             for
             it
             ,
             conceiving
             it
             was
             not
             likely
             ,
             that
             our
             Nation
             ,
             lying
             under
             great
             Grievances
             ,
             should
             go
             willingly
             and
             chearfully
             to
             a
             War
             ,
             labouring
             under
             the
             same
             grievances
             with
             themselves
             .
             My
             Lord
             of
             Strafford
             (
             he
             must
             speak
             it
             ,
             and
             confess
             it
             very
             ingenuously
             )
             seemed
             no
             way
             to
             dislike
             the
             Discourse
             ;
             but
             said
             ,
             he
             did
             not
             conceive
             it
             to
             be
             Counsellable
             at
             that
             time
             ;
             neither
             did
             the
             present
             dangers
             of
             the
             Kingdom
             (
             which
             were
             not
             now
             imaginary
             ,
             but
             real
             and
             pressing
             )
             admit
             of
             so
             slow
             and
             uncertain
             a
             remedy
             ,
             as
             a
             Parliament
             was
             ;
             for
             that
             the
             Parliament
             had
             ,
             in
             the
             great
             distress
             of
             the
             King
             and
             Kingdom
             ,
             refused
             now
             to
             supply
             the
             King
             ,
             by
             the
             ordinary
             and
             usual
             way
             of
             Subsidies
             :
             and
             therefore
             the
             King
             must
             provide
             for
             the
             safety
             of
             his
             Kingdom
             ,
             by
             such
             wayes
             as
             He
             should
             think
             fit
             in
             his
             wisdom
             .
             And
             he
             (
             the
             Earl
             of
             Bristol
             )
             doth
             remember
             ,
             that
             the
             said
             Earl
             of
             Strafford
             ,
             at
             the
             same
             time
             ,
             did
             use
             the
             Sentence
             ,
             
               Salus
               Reipublicae
               Suprema
               Lex
            
             :
             And
             further
             (
             not
             to
             bind
             himself
             to
             words
             ,
             but
             to
             the
             sense
             )
             at
             the
             same
             time
             ,
             the
             Earl
             of
             Strafford
             used
             these
             words
             ,
             or
             words
             to
             this
             effect
             .
             That
             the
             King
             was
             not
             to
             suffer
             himself
             to
             be
             mastered
             by
             the
             frowardness
             and
             undutifulness
             of
             his
             People
             ,
             or
             rather
             (
             as
             he
             conceives
             )
             by
             the
             disaffection
             and
             stubborness
             of
             some
             particular
             men
             .
          
           
             And
             this
             he
             said
             from
             his
             former
             Notes
             ,
             which
             he
             thought
             fit
             rather
             to
             use
             ,
             than
             to
             trust
             his
             Memory
             .
          
           
             Being
             Asked
             ,
             Whether
             by
             particular
             Men
             ,
             he
             meant
             not
             particular
             members
             of
             the
             Parliament
             ?
          
           
             His
             Lordship
             Answered
             ;
             By
             his
             Troth
             he
             conceives
             so
             ,
             for
             he
             was
             speaking
             of
             the
             Parliament
             .
          
           
             Edward
             Lord
             Newburgh
             being
             Sworn
             ,
             and
             Interrogated
             ,
             Whether
             he
             did
             not
             hear
             my
             Lord
             of
             Strafford
             speak
             these
             words
             to
             His
             Majesty
             ,
             That
             the
             Parliament
             ,
             in
             denying
             the
             King
             ,
             had
             given
             him
             advantage
             to
             supply
             himself
             by
             other
             wayes
             ?
          
           
           
             His
             Lordship
             Answered
             ,
             That
             those
             very
             words
             he
             never
             heard
             ,
             nor
             words
             to
             that
             effect
             .
             But
             ,
             he
             hath
             Answered
             ,
             in
             his
             Deposition
             ,
             what
             he
             hath
             heard
             ;
             and
             he
             shall
             desire
             to
             speak
             a
             little
             before
             he
             Repeats
             it
             ;
             And
             this
             it
             is
             .
             When
             he
             was
             Examined
             ,
             he
             did
             then
             speak
             that
             ,
             which
             occurred
             to
             his
             memory
             ;
             but
             ,
             since
             the
             agitation
             of
             this
             business
             ,
             something
             else
             hath
             come
             into
             his
             thoughts
             ;
             And
             ,
             if
             he
             shall
             speak
             that
             which
             his
             Conscience
             now
             tells
             him
             ,
             he
             shall
             desire
             my
             Lords
             that
             then
             Examined
             him
             ,
             and
             the
             Gentlemen
             ,
             not
             to
             misinterpret
             him
             ,
             if
             he
             shall
             add
             something
             to
             what
             he
             formerly
             delivered
             .
             He
             cannot
             say
             ,
             whether
             (
             when
             he
             heard
             these
             words
             )
             the
             King
             was
             by
             or
             no
             ,
             for
             he
             doth
             not
             remember
             it
             ;
             But
             ,
             he
             very
             well
             remembers
             ,
             that
             after
             the
             breach
             of
             the
             last
             Parliament
             ,
             he
             heard
             ,
             at
             the
             Gallery
             ,
             or
             Council-Table
             ,
             but
             he
             rather
             believes
             now
             at
             Council-Table
             ,
             some
             words
             to
             this
             effect
             ;
             That
             ,
             seeing
             the
             Parliament
             had
             not
             supplied
             the
             King
             ,
             His
             Majesty
             might
             take
             other
             Courses
             ,
             for
             Defence
             of
             the
             Kingdom
             :
             But
             ,
             though
             he
             cannot
             possibly
             Swear
             ,
             my
             Lord
             Lieutenant
             spake
             these
             words
             ;
             yet
             ,
             he
             verily
             believes
             he
             heard
             him
             speak
             something
             to
             this
             purpose
             :
             And
             ,
             this
             is
             all
             he
             can
             testifie
             .
          
           
             Henry
             Earl
             of
             Holland
             Sworn
             ,
             and
             Interrogated
             ,
             Whether
             he
             did
             not
             
             hear
             my
             Lord
             of
             Strafford
             say
             to
             His
             Majesty
             ,
             That
             the
             Parliament
             ,
             in
             denying
             the
             King
             ,
             had
             given
             Him
             advantage
             to
             supply
             Himself
             ,
             by
             other
             wayes
             ,
             or
             words
             to
             that
             effect
             ?
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             needs
             not
             trouble
             their
             Lordships
             with
             Circumstances
             ,
             or
             long
             Discourses
             ;
             but
             ,
             these
             words
             ,
             to
             the
             best
             of
             his
             remembrance
             ,
             according
             to
             his
             Oath
             ,
             he
             conceives
             were
             said
             to
             the
             King
             ,
             upon
             the
             Dissolving
             of
             the
             Parliament
             ,
             at
             the
             Council-Table
             ;
             That
             the
             Parliament
             ,
             in
             denying
             to
             supply
             the
             King
             ,
             had
             given
             Him
             advantage
             to
             supply
             Himself
             by
             other
             wayes
             .
             But
             ,
             he
             will
             not
             tye
             himself
             so
             particularly
             to
             the
             words
             ,
             but
             ,
             as
             at
             the
             time
             when
             he
             was
             Examined
             before
             the
             Gentlemen
             of
             the
             Committee
             ,
             he
             added
             ,
             or
             words
             to
             this
             effect
             .
          
           
             Being
             Asked
             ,
             By
             whom
             they
             were
             spoken
             ?
          
           
             His
             Lordship
             Answered
             ,
             By
             my
             Lord
             of
             Strafford
             .
          
           
             Mr.
             Whitlock
             then
             proceeded
             to
             the
             latter
             words
             of
             the
             23
             d
             Article
             ,
             which
             
             shew
             ,
             in
             full
             and
             plain
             termes
             ,
             what
             my
             Lord
             of
             Straffords
             design
             was
             ,
             and
             what
             he
             would
             have
             laboured
             ,
             and
             endeavoured
             His
             Majesty
             to
             entertain
             .
          
           
             The
             words
             of
             the
             Charge
             were
             Read.
             
          
           
             And
             ,
             to
             prove
             them
             ,
             the
             Examination
             of
             Algernon
             Earl
             of
             Northumberland
             was
             first
             Read
             ,
             taken
             the
             5
             th
             Decemb.
             1640.
             
          
           
             To
             the
             7
             th
             Interrogatory
             he
             saith
             ,
             That
             the
             Earl
             of
             Strafford
             said
             ,
             That
             in
             case
             of
             necessity
             ,
             and
             for
             the
             Defence
             and
             Safety
             of
             the
             
             Kingdom
             ,
             if
             the
             People
             do
             refuse
             to
             supply
             the
             King
             ,
             the
             King
             is
             Absolved
             from
             Rules
             of
             Government
             :
             and
             ,
             that
             every
             thing
             is
             to
             be
             done
             for
             the
             preservation
             of
             the
             King
             and
             His
             People
             ;
             and
             ,
             that
             His
             Majesty
             was
             acquitted
             before
             God
             and
             Man
             ;
             And
             he
             saith
             ,
             that
             the
             said
             words
             were
             spoken
             at
             the
             Committee
             for
             Scotch
             Affairs
             ,
             in
             the
             presence
             of
             His
             Majesty
             ;
             and
             ,
             for
             the
             time
             of
             speaking
             these
             words
             ,
             he
             doth
             not
             perfectly
             remember
             .
             He
             saith
             ,
             That
             these
             were
             the
             Discourses
             mentioned
             in
             his
             Answer
             to
             the
             third
             Interrogatory
             ,
             which
             made
             him
             believe
             what
             he
             hath
             answered
             to
             the
             said
             third
             Interrogatory
             .
          
           
             Their
             Lordships
             calling
             to
             have
             the
             third
             Interrogatory
             Read
             ,
             It
             was
             Read.
             
          
           
             To
             the
             Third
             and
             Fourth
             ,
             he
             saith
             ,
             That
             the
             Forces
             which
             were
             to
             come
             out
             of
             Ireland
             ,
             were
             to
             Land
             in
             the
             West
             part
             of
             Scotland
             ;
             but
             he
             doth
             not
             know
             ,
             nor
             hath
             heard
             (
             to
             his
             Remembrance
             )
             that
             these
             Forces
             ,
             or
             any
             other
             ,
             were
             to
             be
             imployed
             in
             this
             Kingdom
             ,
             to
             Compel
             ,
             or
             Awe
             the
             Subjects
             of
             this
             Realm
             ,
             to
             yield
             to
             such
             Taxes
             and
             Charges
             ,
             as
             should
             be
             Imposed
             on
             them
             by
             His
             Majesty
             .
             He
             saith
             ,
             That
             he
             hath
             heard
             my
             Lord
             Lieutenant
             make
             some
             Discourses
             to
             the
             King
             ,
             whereby
             he
             believes
             ,
             that
             in
             case
             the
             King
             were
             not
             supplied
             by
             Parliament
             ,
             that
             some
             Course
             was
             intended
             to
             raise
             Moneys
             by
             Extraordinary
             wayes
             .
          
           
             He
             saith
             ,
             That
             the
             said
             Lord
             Lieutenant
             did
             declare
             ,
             in
             His
             Majesties
             presence
             ,
             That
             the
             Design
             was
             to
             Land
             the
             Irish
             Army
             in
             the
             West
             parts
             of
             Scotland
             .
          
           
             Sir
             
               Henry
               Vane
            
             being
             Interrogated
             ,
             What
             words
             he
             heard
             my
             Lord
             of
             Strafford
             speak
             to
             the
             King
             ,
             before
             the
             Parliament
             ,
             or
             after
             the
             Dissolution
             
             of
             it
             ,
             tending
             to
             this
             ;
             That
             the
             King
             had
             tried
             the
             Affections
             of
             His
             People
             ,
             and
             was
             Loose
             and
             Absolved
             from
             all
             Rules
             of
             Government
             :
             and
             on
             what
             occasion
             ?
          
           
             He
             Answered
             ,
             That
             to
             the
             General
             Question
             ,
             of
             what
             was
             spoken
             before
             ,
             or
             after
             the
             sitting
             of
             the
             Parliament
             ,
             he
             doth
             not
             remember
             :
             and
             there
             are
             no
             particular
             words
             asked
             him
             .
             But
             ,
             to
             these
             words
             ,
             which
             have
             been
             read
             ,
             he
             shall
             ,
             as
             near
             as
             he
             can
             ,
             ingenuously
             deliver
             ,
             what
             he
             did
             formerly
             depose
             ;
             ever
             reserving
             to
             himself
             words
             to
             the
             same
             effect
             .
             That
             he
             considers
             very
             well
             where
             he
             is
             ,
             and
             the
             presence
             before
             whom
             he
             speaks
             ;
             That
             he
             hath
             never
             ,
             in
             the
             whole
             course
             of
             his
             life
             loved
             to
             tell
             an
             untruth
             ,
             much
             less
             in
             this
             Honourable
             Assembly
             .
             That
             he
             shall
             ,
             as
             near
             as
             he
             can
             ,
             in
             this
             Case
             ,
             tell
             their
             Lordships
             plainly
             and
             truely
             the
             matter
             .
             It
             is
             true
             (
             as
             my
             Lord
             Admiral
             hath
             declared
             to
             their
             Lordships
             )
             that
             these
             words
             he
             is
             to
             testifie
             ,
             were
             spoken
             at
             the
             Committee
             of
             Eight
             for
             the
             Scotch
             Affairs
             :
             For
             the
             time
             ,
             he
             shall
             crave
             pardon
             ,
             if
             he
             cannot
             particularly
             speak
             to
             it
             :
             But
             ,
             thus
             far
             he
             shall
             say
             ,
             It
             was
             clearly
             after
             the
             Dissolution
             of
             the
             last
             Parliament
             ;
             It
             is
             true
             ,
             and
             if
             he
             do
             not
             very
             much
             mistake
             ,
             it
             was
             when
             the
             debate
             ,
             whether
             a
             Defensive
             or
             an
             Offensive
             War
             ,
             was
             Controverted
             ;
             And
             ,
             to
             the
             best
             
             that
             he
             can
             remember
             ,
             and
             clearly
             as
             he
             conceives
             ,
             there
             were
             words
             spoken
             ,
             either
             these
             he
             shall
             now
             relate
             ,
             or
             to
             the
             same
             effect
             ,
             by
             my
             Lord
             of
             Strafford
             ,
             who
             is
             now
             at
             the
             Bar.
             The
             occasion
             being
             ,
             Whether
             an
             Offensive
             or
             Defensive
             War
             ?
             and
             Arguments
             were
             Controverted
             in
             it
             .
             My
             Lord
             of
             Strafford
             did
             say
             ,
             in
             a
             Discourse
             (
             for
             he
             must
             be
             ingenuous
             ,
             he
             must
             say
             all
             he
             hath
             deposed
             ,
             or
             is
             required
             )
             Your
             Majesty
             having
             tryed
             all
             wayes
             ,
             and
             being
             Refused
             ;
             and
             ,
             in
             Case
             of
             this
             extream
             necessity
             ,
             and
             for
             the
             safety
             of
             the
             Kingdom
             ,
             You
             are
             acquitted
             before
             God
             and
             Men
             :
             You
             have
             an
             Army
             in
             Ireland
             ,
             which
             You
             may
             Imploy
             here
             to
             Reduce
             this
             Kingdom
             ,
             or
             some
             words
             to
             this
             effect
             :
             And
             ,
             Sir
             
               Henry
               Vane
            
             added
             ,
             That
             he
             desires
             to
             speak
             clearly
             to
             it
             ;
             It
             is
             true
             ,
             My
             Lord
             of
             Strafford
             said
             these
             words
             ,
             
               You
               may
            
             .
             But
             ,
             by
             that
             ,
             he
             (
             the
             Examinant
             )
             cannot
             say
             it
             was
             intended
             ,
             but
             that
             the
             words
             were
             spoken
             ;
             and
             ,
             if
             it
             were
             the
             last
             hour
             he
             is
             to
             speak
             ,
             it
             is
             the
             Truth
             to
             his
             best
             Remembrance
             .
          
           
             Being
             Asked
             (
             on
             the
             several
             Motions
             of
             my
             Lord
             of
             Clare
             ,
             and
             my
             Lord
             Savil
             )
             Whether
             ,
             by
             this
             Kingdom
             ,
             he
             meant
             the
             Kingdom
             of
             England
             ,
             or
             Scotland
             ?
             and
             ,
             Whether
             it
             was
             meant
             ,
             That
             he
             might
             imploy
             the
             Army
             in
             England
             ,
             or
             in
             Ireland
             ,
             because
             he
             said
             ,
             The
             Army
             might
             be
             there
             imployed
             ?
          
           
             He
             Answered
             ,
             That
             he
             shall
             ,
             as
             near
             as
             he
             can
             :
             And
             ,
             because
             he
             would
             have-Truth
             appear
             ,
             he
             shall
             desire
             ,
             That
             if
             in
             this
             Case
             ,
             any
             word
             fall
             ,
             which
             may
             be
             uncouth
             in
             the
             Sence
             ,
             they
             would
             resort
             to
             his
             Examinations
             ,
             for
             there
             it
             remains
             under
             his
             Hand
             and
             Oath
             .
          
           
             But
             ,
             to
             his
             best
             remembrance
             ,
             he
             thinks
             ,
             neither
             then
             ,
             nor
             there
             were
             used
             ;
             But
             ,
             Your
             Majesty
             hath
             an
             Army
             in
             Ireland
             ,
             You
             may
             Imploy
             to
             reduce
             this
             Kingdom
             :
             But
             ,
             far
             be
             it
             from
             him
             (
             the
             Examinant
             )
             to
             Interpret
             them
             .
             He
             tells
             their
             Lordships
             the
             words
             ,
             and
             no
             other
             .
          
           
             Being
             directed
             by
             the
             Lord
             Steward
             ,
             to
             repeat
             what
             he
             had
             spoken
             .
          
           
             He
             Answered
             ,
             That
             he
             shall
             plainly
             and
             clearly
             do
             it
             ;
             These
             words
             were
             spoken
             (
             as
             my
             Lord
             of
             Northumberland
             hath
             testified
             )
             at
             the
             Committee
             of
             Eight
             ,
             for
             the
             Scotch
             Affairs
             :
             It
             was
             an
             occasion
             of
             a
             Debate
             ,
             Whether
             an
             Offensive
             ,
             or
             a
             Defensive
             War
             with
             the
             Kingdom
             of
             Scotland
             ?
             That
             ,
             on
             some
             Debate
             then
             ,
             some
             being
             of
             Opinion
             for
             a
             Defensive
             ,
             some
             for
             an
             Offensive
             War
             ;
             he
             did
             say
             the
             words
             related
             ,
             as
             he
             conceives
             .
             That
             in
             a
             Discourse
             ,
             the
             Earl
             of
             Strafford
             said
             these
             words
             ,
             or
             words
             to
             this
             effect
             ;
             
               Your
               Majesty
               having
               tryed
               all
               wayes
               ,
               and
               refused
               ;
               in
               this
               case
               of
               extream
               necessity
               ,
               and
               for
               the
               Safety
               of
               Your
               Kingdom
               and
               People
               ,
               You
               are
               loose
               and
               absolved
               from
               all
               Rules
               of
               Government
               ;
               You
               are
               acquitted
               before
               God
               and
               Men
               ;
               You
               have
               an
               Army
               in
            
             Ireland
             ;
             
               You
               may
               imploy
               it
               to
               reduce
               this
               Kingdom
               .
            
          
           
             Being
             Asked
             ,
             How
             long
             this
             was
             after
             the
             Parliament
             was
             Dissolved
             ?
          
           
           
             He
             Answered
             ,
             He
             cannot
             tell
             the
             time
             ;
             but
             ,
             it
             was
             suddenly
             after
             ,
             or
             within
             few
             dayes
             after
             the
             dissolution
             of
             the
             Parliament
             .
          
           
             Being
             Asked
             (
             on
             my
             Lord
             of
             Clares
             motion
             )
             Whether
             these
             words
             ,
             
               You
               have
               an
               Army
               in
               Ireland
            
             ;
             did
             immediately
             follow
             these
             words
             ,
             
               You
               are
               Absolved
            
             ,
             &c.
             
          
           
             He
             Answered
             ,
             That
             ,
             to
             his
             best
             remembrance
             ,
             it
             did
             interpose
             ;
             and
             ,
             my
             Lord
             of
             Strafford
             did
             speak
             it
             once
             or
             twice
             .
          
           
             And
             ,
             to
             his
             best
             remembrance
             ,
             at
             first
             it
             was
             agitated
             ,
             to
             press
             the
             Offensive
             War
             ;
             for
             ,
             there
             were
             divers
             Reasons
             given
             ,
             as
             the
             Kingdom
             stood
             then
             ,
             that
             there
             should
             be
             no
             Offensive
             War
             ;
             and
             ,
             he
             must
             speak
             clearly
             ,
             and
             plainly
             ,
             he
             (
             the
             Examinant
             )
             did
             move
             for
             a
             Defensive
             War
             :
             For
             ,
             the
             Subjects
             of
             England
             ,
             how
             they
             stood
             affected
             to
             this
             War
             ,
             they
             knew
             ;
             and
             besides
             a
             breach
             of
             a
             Parliament
             ,
             he
             thought
             it
             would
             but
             induce
             an
             ill
             effect
             .
             On
             these
             Controversions
             the
             words
             were
             spoken
             .
          
           
             Here
             Mr.
             Whitlock
             observed
             ,
             That
             these
             words
             were
             spoken
             in
             England
             ,
             
             on
             this
             occasion
             ,
             Of
             the
             Kings
             trying
             His
             People
             ,
             &c.
             which
             cannot
             be
             intended
             any
             other
             place
             but
             England
             ,
             where
             the
             Parliament
             was
             broken
             ,
             and
             where
             the
             King
             had
             tried
             his
             People
             .
          
           
             Being
             Asked
             (
             on
             the
             motion
             of
             the
             Earl
             of
             Southampton
             )
             Whether
             he
             sayes
             positively
             ,
             my
             Lord
             of
             Strafford
             did
             say
             these
             words
             ,
             or
             words
             to
             that
             effect
             ,
             or
             whether
             to
             his
             best
             remembrance
             ?
          
           
             He
             Answered
             ,
             That
             he
             speaks
             positively
             ,
             either
             those
             words
             ,
             or
             words
             to
             that
             effect
             .
          
           
             The
             Earl
             of
             Clare
             desiring
             further
             satisfaction
             ,
             to
             the
             Question
             formerly
             
             proposed
             on
             this
             Motion
             ,
             Whether
             he
             meant
             by
             this
             Kingdom
             ,
             the
             Kingdom
             of
             England
             ,
             or
             the
             Kingdom
             of
             Scotland
             ?
          
           
             The
             Lord
             Steward
             put
             his
             Lordship
             in
             mind
             ,
             That
             Sir
             
               Henry
               Vane
            
             testifies
             
             to
             the
             Words
             ,
             not
             to
             the
             Interpretation
             .
          
           
             And
             ,
             Mr.
             Maynard
             said
             ,
             The
             Question
             is
             put
             ,
             Whether
             this
             Kingdom
             ,
             
             be
             this
             Kingdom
             ?
          
           
             And
             ,
             so
             Mr.
             Whitlock
             said
             ,
             They
             should
             conclude
             their
             Evidence
             ,
             conceiving
             
             the
             last
             words
             spoken
             ,
             to
             be
             very
             fully
             proved
             ;
             and
             ,
             by
             connexion
             with
             those
             other
             words
             proved
             before
             ,
             he
             thinks
             it
             is
             very
             clear
             and
             manifest
             ,
             That
             my
             Lord
             of
             Strafford
             had
             a
             strong
             Design
             and
             Endeavour
             ,
             to
             subvert
             and
             change
             the
             Fundamental
             Laws
             and
             Government
             of
             England
             ,
             and
             to
             bring
             in
             an
             Army
             upon
             us
             ,
             to
             force
             this
             Kingdom
             to
             submit
             to
             an
             Arbitrary
             Power
             .
             That
             he
             shall
             not
             trouble
             their
             Lordships
             with
             repitition
             of
             words
             ,
             nor
             with
             the
             Application
             of
             them
             ,
             for
             indeed
             they
             be
             above
             Application
             ;
             and
             ,
             to
             aggravate
             them
             ,
             were
             to
             allay
             them
             ;
             they
             have
             in
             themselves
             more
             bitterness
             and
             horror
             ,
             then
             he
             is
             able
             to
             express
             :
             and
             so
             he
             left
             them
             to
             their
             Lordships
             consideration
             and
             application
             ,
             expecting
             my
             Lord
             of
             Straffords
             Answer
             to
             them
             :
          
           
           
             Only
             he
             desired
             their
             Lordships
             ,
             in
             one
             point
             ,
             to
             hear
             what
             Mr.
             Treasurer
             can
             say
             further
             ,
             concerning
             the
             breach
             of
             the
             last
             Parliament
             ,
             and
             what
             Words
             and
             Messages
             he
             heard
             of
             ,
             during
             the
             sitting
             of
             that
             Parliament
             ,
             procured
             by
             my
             Lord
             of
             Strafford
             ;
             unless
             their
             Lordships
             will
             reserve
             that
             ,
             till
             the
             rest
             of
             the
             Witnesses
             come
             to
             morrow
             morning
             ,
             and
             then
             they
             shall
             be
             ready
             to
             produce
             all
             relating
             to
             that
             point
             together
             .
          
           
             Whereupon
             liberty
             was
             granted
             for
             the
             reserving
             of
             them
             accordingly
             .
          
           
             My
             Lord
             of
             Strafford
             did
             hereupon
             crave
             of
             their
             Lordships
             
             leave
             ,
             to
             recollect
             his
             Notes
             ,
             being
             (
             as
             he
             said
             )
             a
             little
             Distracted
             ,
             how
             to
             give
             Answer
             to
             these
             things
             ;
             for
             ,
             diverse
             Articles
             are
             mingled
             together
             ,
             which
             will
             make
             his
             Answer
             not
             so
             clear
             as
             otherwise
             he
             had
             hoped
             to
             have
             made
             it
             ,
             but
             trusts
             he
             shall
             do
             it
             still
             .
          
           
             He
             desires
             leave
             to
             Answer
             Article
             by
             Article
             :
             and
             ,
             how
             much
             horror
             soever
             this
             Gentleman
             is
             pleased
             to
             say
             ,
             there
             is
             in
             these
             words
             ,
             he
             trusts
             ,
             before
             he
             goes
             out
             of
             the
             Room
             ,
             to
             make
             it
             appear
             ,
             that
             though
             there
             may
             be
             error
             of
             Judgment
             ,
             yet
             nothing
             that
             may
             give
             offence
             ,
             when
             the
             Antecedents
             and
             Consequents
             are
             brought
             together
             :
             and
             ,
             that
             he
             shall
             give
             such
             an
             account
             ,
             that
             (
             whether
             or
             no
             their
             Lordships
             will
             clear
             him
             ,
             as
             to
             the
             Charge
             of
             an
             Indiscreet
             Man
             ,
             he
             knows
             not
             )
             but
             ,
             as
             for
             Treason
             to
             the
             King
             ,
             and
             His
             People
             ,
             he
             shall
             give
             clear
             satisfaction
             ,
             that
             no
             such
             thing
             was
             spoken
             or
             intended
             .
          
           
             His
             Lordship
             desired
             ,
             He
             might
             be
             favoured
             with
             the
             sight
             of
             my
             Lord
             of
             Northumberlands
             Examinations
             .
          
           
             But
             this
             ,
             Mr
             Glyn
             opposed
             ,
             and
             said
             ,
             His
             Lordship
             being
             to
             Answer
             
             to
             matter
             of
             Fact
             ,
             let
             him
             first
             say
             how
             it
             stands
             ,
             and
             then
             prove
             it
             .
          
           
             To
             which
             my
             Lord
             of
             Strafford
             Answered
             ,
             That
             ,
             in
             truth
             ,
             they
             make
             
             much
             more
             of
             it
             then
             he
             did
             ;
             for
             ,
             he
             trusts
             ,
             by
             the
             blessing
             of
             Almighty
             God
             ,
             to
             give
             the
             Answer
             of
             an
             honest
             Man
             to
             all
             Objections
             ,
             he
             will
             not
             say
             of
             a
             discreet
             Man
             ;
             and
             ,
             once
             for
             all
             ,
             he
             humbly
             besought
             their
             Lordships
             (
             and
             so
             he
             knows
             in
             their
             Wisdom
             and
             Judgment
             they
             will
             )
             to
             look
             what
             is
             proved
             ,
             and
             not
             to
             what
             is
             enforced
             on
             those
             proofs
             from
             these
             Gentlemen
             :
             For
             words
             pass
             ,
             and
             may
             be
             easily
             mistaken
             ,
             but
             their
             Lordships
             having
             regard
             only
             to
             what
             is
             Deposed
             ,
             and
             that
             they
             were
             to
             guide
             themselves
             by
             that
             .
          
           
             After
             some
             Respit
             ,
             my
             Lord
             of
             Strafford
             began
             to
             make
             his
             Defence
             as
             followeth
             .
          
           
             That
             it
             will
             be
             very
             hard
             for
             him
             to
             know
             ,
             in
             what
             order
             to
             Answer
             all
             the
             matters
             objected
             against
             him
             ;
             But
             ,
             the
             best
             course
             he
             can
             take
             for
             his
             own
             direction
             (
             and
             he
             trusts
             it
             shall
             not
             be
             displeasing
             to
             their
             Lordships
             )
             will
             be
             ,
             to
             go
             over
             the
             Articles
             as
             they
             lie
             in
             order
             ,
             and
             under
             every
             Article
             to
             give
             his
             own
             Proof
             ,
             and
             to
             repeat
             all
             the
             Proofs
             prest
             against
             him
             for
             that
             Article
             .
          
           
             The
             other
             day
             ,
             an
             end
             was
             made
             of
             the
             19
             th
             Article
             ,
             but
             then
             likewise
             the
             20
             th
             was
             entred
             into
             ;
             so
             ,
             the
             middle
             part
             of
             that
             Charge
             is
             answered
             
             already
             ,
             touching
             words
             by
             him
             spoken
             at
             his
             last
             being
             in
             Ireland
             ;
             and
             ,
             to
             that
             he
             shall
             not
             need
             farther
             to
             Answer
             .
          
           
             But
             ,
             here
             is
             in
             it
             ,
             that
             he
             did
             labour
             to
             Perswade
             ,
             Incite
             ,
             and
             Provoke
             to
             an
             Offensive
             War
             against
             the
             said
             Subjects
             of
             the
             Scotch
             Nation
             ;
             and
             ,
             to
             have
             been
             ,
             by
             his
             Counsels
             ,
             Actions
             ,
             and
             Endeavors
             ,
             a
             Principal
             Incendiary
             .
          
           
             To
             prove
             this
             ,
             they
             have
             offered
             first
             my
             Lord
             Traquairs
             Depositions
             ;
             and
             ,
             he
             craved
             leave
             to
             represent
             to
             their
             Lordships
             ,
             How
             he
             conceived
             his
             testimony
             was
             delivered
             
               (
               viz.
            
             )
             That
             upon
             a
             Relation
             of
             his
             (
             the
             Lord
             Traquair
             )
             made
             at
             the
             Council-Board
             ,
             he
             gave
             his
             Opinion
             as
             other
             their
             Lordships
             did
             ;
             and
             ,
             that
             it
             was
             condescended
             to
             by
             the
             Council-Board
             ,
             That
             if
             the
             Comissioners
             of
             Scotland
             gave
             not
             satisfaction
             ,
             that
             then
             the
             King
             might
             put
             himself
             in
             a
             posture
             of
             War
             ;
             so
             that
             he
             gave
             only
             an
             Opinion
             as
             others
             did
             .
          
           
             And
             that
             is
             proved
             (
             as
             he
             conceives
             )
             by
             my
             Lord
             Traquair
             ;
             who
             ,
             among
             other
             parts
             of
             his
             Testimony
             recited
             ,
             sayes
             ;
             That
             there
             was
             no
             difference
             in
             the
             main
             amongst
             the
             Votes
             :
             So
             that
             by
             both
             the
             Testimonies
             ,
             it
             plainly
             appears
             ,
             that
             his
             Opinion
             was
             no
             other
             then
             the
             Opinion
             of
             the
             rest
             ;
             And
             ,
             certainly
             ,
             as
             that
             Opinion
             can
             never
             be
             charged
             on
             any
             of
             the
             rest
             of
             the
             Lords
             ,
             in
             any
             kind
             whatsoever
             ;
             so
             he
             trusts
             it
             shall
             never
             be
             charged
             upon
             him
             :
             for
             ,
             he
             thinks
             ,
             he
             is
             in
             a
             great
             safety
             and
             security
             ,
             when
             he
             hath
             the
             concurrence
             of
             so
             many
             wiser
             persons
             then
             himself
             ,
             in
             the
             Opinion
             he
             then
             deliver'd
             ,
             and
             that
             is
             ,
             for
             so
             much
             as
             was
             spoken
             at
             the
             Council-Board
             ;
             And
             if
             it
             were
             needful
             (
             as
             he
             conceives
             it
             is
             not
             )
             to
             examine
             the
             persons
             that
             were
             there
             ,
             it
             should
             appear
             he
             delivered
             no
             Vote
             at
             all
             at
             that
             time
             ,
             but
             the
             Vote
             of
             the
             Board
             :
             But
             ,
             it
             is
             clear
             in
             their
             own
             proofs
             ,
             and
             their
             Lordships
             will
             (
             he
             hopes
             )
             justifie
             him
             in
             their
             Judgments
             ,
             when
             it
             comes
             to
             Sentence
             .
          
           
             The
             next
             thing
             is
             the
             Deposition
             of
             my
             Lord
             Morton
             ,
             concerning
             something
             spoken
             at
             York
             ,
             at
             a
             Council
             there
             called
             ;
             he
             met
             before
             the
             Assembly
             of
             the
             Great
             Council
             of
             the
             Peers
             ,
             where
             ,
             he
             conceives
             ,
             and
             ,
             as
             he
             remembers
             ,
             he
             (
             the
             Earl
             of
             Strafford
             )
             spake
             something
             to
             this
             sence
             ;
             That
             the
             unreasonable
             Demands
             of
             Subjects
             in
             Parliament
             ,
             was
             a
             ground
             for
             the
             King
             to
             put
             Himself
             into
             a
             posture
             of
             War.
             
          
           
             When
             this
             had
             been
             resolved
             by
             the
             Council
             of
             England
             ,
             he
             conceives
             it
             no
             great
             Crime
             for
             him
             to
             say
             so
             :
             For
             ,
             upon
             the
             Question
             put
             on
             those
             Demands
             ,
             it
             was
             said
             ,
             That
             it
             was
             fit
             for
             the
             King
             ,
             to
             put
             Himself
             into
             a
             Posture
             of
             War
             ,
             and
             into
             a
             Condition
             to
             reduce
             them
             by
             Force
             ,
             if
             they
             could
             not
             be
             brought
             by
             fair
             means
             ,
             to
             do
             their
             Allegiance
             and
             Duty
             to
             the
             King.
             
          
           
             There
             is
             something
             more
             ,
             that
             my
             Lord
             Morton
             sayes
             ;
             That
             he
             (
             the
             Earl
             of
             Strafford
             )
             should
             say
             ,
             It
             was
             a
             sufficient
             Cause
             ,
             without
             hearing
             their
             Reasons
             ,
             to
             Declare
             a
             War.
             
          
           
             This
             he
             (
             my
             Lord
             of
             Strafford
             )
             conceives
             under
             favour
             ,
             is
             but
             a
             single
             Testimony
             ;
             And
             my
             Lord
             Morton
             gives
             himself
             the
             Answer
             ;
             for
             he
             sayes
             the
             Reasons
             were
             not
             related
             when
             he
             was
             present
             ,
             and
             therefore
             ,
             in
             that
             my
             Lord
             of
             Strafford
             conceives
             there
             is
             little
             matter
             .
          
           
             My
             Lord
             Traquair
             sayes
             one
             thing
             more
             ,
             and
             that
             is
             ,
             That
             the
             reasons
             were
             left
             to
             be
             alledged
             by
             the
             Scotch
             Commissioners
             :
             It
             is
             true
             ,
             they
             were
             so
             :
             
             And
             my
             Lord
             Morton
             sayes
             ,
             that
             he
             (
             the
             Defendant
             )
             should
             say
             ,
             It
             was
             not
             matter
             of
             Religion
             that
             was
             the
             business
             ,
             but
             they
             struck
             at
             the
             root
             of
             Government
             ,
             and
             were
             to
             be
             punished
             by
             force
             .
          
           
             He
             further
             adds
             by
             way
             of
             Defence
             ,
             That
             if
             he
             thought
             they
             struck
             at
             the
             root
             of
             Government
             ,
             he
             thinks
             every
             man
             will
             say
             ,
             he
             had
             reason
             to
             say
             ,
             it
             was
             fit
             to
             reduce
             them
             by
             force
             .
          
           
             But
             he
             said
             ,
             he
             should
             speak
             further
             of
             these
             things
             anon
             ,
             when
             he
             should
             represent
             ,
             what
             Words
             are
             in
             respect
             of
             Deeds
             ,
             and
             what
             difference
             there
             is
             between
             what
             a
             man
             Sayes
             and
             Does
             ,
             in
             case
             of
             Treason
             .
          
           
             But
             under
             favour
             ,
             these
             two
             last
             are
             no
             part
             of
             his
             Charge
             ,
             though
             he
             answers
             them
             ,
             for
             he
             is
             not
             charged
             with
             speaking
             any
             thing
             to
             the
             King
             at
             York
             ,
             the
             night
             before
             the
             Great
             Council
             ,
             but
             only
             with
             speaking
             at
             the
             Council-Board
             on
             my
             Lord
             
             Traquair's
             relation
             ;
             and
             this
             he
             conceives
             is
             all
             they
             bring
             against
             him
             ,
             to
             convince
             him
             of
             the
             20
             th
             Article
             ,
             saving
             only
             the
             testimony
             of
             my
             Lord
             of
             Northumberland
             ,
             and
             of
             Mr.
             Treasurers
             ;
             And
             Mr.
             Treasurer
             says
             ,
             That
             it
             being
             agitated
             ,
             whether
             a
             Defensive
             or
             an
             offensive
             War
             were
             to
             be
             undertaken
             ?
             he
             was
             for
             a
             defensive
             ,
             and
             my
             Lord
             of
             Strafford
             for
             an
             offensive
             War.
             
          
           
             He
             (
             the
             Deponent
             )
             cannot
             conceive
             ,
             how
             this
             can
             conduce
             to
             make
             a
             Treason
             ;
             If
             the
             War
             was
             resolved
             on
             ,
             the
             Debate
             ,
             whether
             an
             offensive
             or
             defensive
             ,
             shall
             not
             be
             Treasonable
             :
             admit
             it
             to
             be
             as
             Mr.
             Treasurer
             sayes
             ,
             Mr.
             Treasurer
             alledged
             his
             reason
             ,
             and
             he
             (
             the
             Earl
             of
             Strafford
             )
             alledged
             his
             ,
             and
             God
             forbid
             it
             should
             be
             Treason
             in
             one
             ,
             or
             any
             other
             ,
             they
             both
             doing
             their
             Duties
             ,
             and
             delivering
             their
             Consciences
             according
             to
             their
             oaths
             ;
             It
             was
             resolved
             as
             fit
             to
             reduce
             them
             ,
             and
             whether
             by
             an
             offensive
             or
             defensive
             War
             ,
             being
             a
             free
             Council
             ,
             they
             were
             bound
             to
             deliver
             Judgements
             to
             a
             Master
             ,
             that
             was
             so
             wise
             as
             to
             know
             what
             was
             best
             for
             his
             service
             ,
             and
             so
             to
             dispose
             as
             he
             should
             think
             fit
             .
          
           
             My
             Lord
             of
             Northumberland
             sayes
             ,
             That
             he
             (
             the
             Earl
             of
             Strafford
             )
             advised
             to
             go
             on
             vigorously
             in
             an
             offensive
             War
             :
             Admit
             he
             did
             say
             so
             ,
             it
             is
             not
             Treason
             ,
             it
             was
             a
             free
             debate
             ;
             many
             reasons
             were
             given
             ,
             and
             for
             him
             to
             give
             his
             reasons
             one
             way
             ,
             was
             as
             free
             from
             Crime
             or
             Offence
             ,
             as
             for
             them
             to
             give
             their
             reasons
             another
             way
             .
          
           
             They
             say
             that
             (
             as
             a
             chief
             Incendiary
             of
             the
             troubles
             between
             His
             Majesty
             and
             the
             Scotch
             )
             he
             seized
             divers
             Scotch
             Ships
             when
             he
             was
             in
             Ireland
             ,
             and
             for
             this
             they
             have
             only
             Mr.
             Barnwels
             Testimony
             ;
             and
             all
             he
             says
             ,
             is
             ,
             That
             Sir
             
               Robert
               Loftus
            
             told
             him
             ,
             he
             had
             a
             Warrant
             to
             seize
             the
             Ships
             ,
             and
             they
             did
             seize
             them
             accordingly
             ,
             but
             by
             whose
             Warrant
             he
             doth
             not
             know
             .
          
           
             But
             if
             your
             Lordships
             will
             know
             by
             whose
             Warrant
             it
             was
             ,
             he
             shall
             give
             the
             best
             account
             he
             can
             ,
             and
             offer
             some
             proofs
             .
          
           
             Sir
             
               Robert
               Loftus
            
             was
             the
             Vice-Admiral
             of
             the
             Province
             of
             Lemster
             ,
             himself
             was
             Vice-Admiral
             of
             the
             Province
             of
             Munster
             ;
             and
             about
             that
             time
             the
             Lord
             Admiral
             sent
             Direction
             and
             Command
             to
             the
             Vice-Admiral
             of
             Lemster
             and
             Munster
             ,
             to
             seize
             all
             the
             Scotch
             Ships
             then
             in
             those
             Ports
             ;
             so
             that
             what
             was
             done
             ,
             was
             done
             by
             the
             authority
             of
             my
             Lord
             Admiral
             ;
             and
             if
             their
             Lordships
             asked
             Mr.
             Slingsby
             ,
             he
             will
             say
             ,
             that
             about
             that
             time
             there
             came
             these
             Commands
             ,
             and
             by
             virtue
             thereof
             these
             Ships
             were
             stayed
             .
          
           
           
             Mr.
             Slingsby
             being
             Interrogated
             ,
             whether
             about
             that
             time
             my
             Lord
             Admiral
             sent
             Warrants
             to
             the
             Vice-Admirals
             ,
             to
             seize
             the
             Scotch
             Ships
             in
             their
             several
             Ports
             ?
          
           
             He
             Answered
             ,
             That
             he
             received
             the
             Letters
             ,
             just
             as
             my
             Lord
             was
             going
             
             into
             England
             ,
             and
             dispersed
             them
             to
             the
             Vice-Admirals
             ,
             he
             executing
             that
             for
             Munster
             as
             Deputy
             to
             my
             Lord
             ,
             and
             the
             Ships
             were
             stayed
             after
             my
             Lords
             going
             into
             England
             ,
             and
             not
             before
             .
          
           
             Whence
             my
             Lord
             of
             Strafford
             concluded
             ,
             That
             it
             appeared
             ,
             that
             he
             
             hath
             not
             been
             an
             extraordinary
             stirrer
             of
             difference
             between
             the
             King
             and
             the
             Subject
             ,
             he
             never
             desiring
             any
             thing
             but
             peace
             and
             quietness
             ,
             and
             that
             all
             things
             might
             be
             ended
             (
             as
             he
             trusts
             they
             shall
             )
             with
             good
             understanding
             and
             perpetuity
             of
             affection
             amongst
             our selves
             ,
             and
             with
             them
             .
          
           
             And
             there
             his
             Lordship
             left
             the
             20th
             Article
             ,
             hoping
             he
             had
             fully
             and
             clearly
             satisfied
             their
             Lordships
             ,
             as
             to
             any
             crime
             in
             it
             ,
             but
             whether
             his
             Judgement
             did
             mislead
             him
             in
             an
             opinion
             ,
             he
             will
             not
             dispute
             ,
             but
             will
             confess
             willingly
             ,
             That
             no
             man
             is
             more
             ready
             to
             mistake
             than
             himself
             .
          
           
             
               His
               Lordship
               proceeds
               to
               the
            
             21
             Article
             ,
             
               which
               his
               Lordship
               read
            
             .
          
           
             This
             he
             said
             ,
             he
             perceives
             is
             a
             particular
             they
             have
             much
             insisted
             on
             ,
             but
             have
             not
             (
             as
             he
             conceives
             )
             offered
             any
             substantial
             proof
             for
             what
             they
             alledge
             .
          
           
             The
             first
             proof
             of
             the
             21
             Article
             ,
             was
             my
             Lord
             Primates
             Examination
             ,
             wherein
             he
             sayes
             ,
             That
             in
             a
             discourse
             betwixt
             them
             concerning
             the
             levying
             of
             money
             on
             the
             Subjects
             ,
             in
             case
             of
             imminent
             necessity
             ;
             his
             opinion
             was
             ,
             the
             King
             might
             use
             his
             Prerogative
             as
             he
             pleases
             ,
             but
             first
             it
             was
             best
             to
             try
             his
             Parliament
             .
          
           
             This
             is
             the
             only
             Testimony
             in
             this
             particular
             ;
             being
             
               Singularis
               Testis
            
             ,
             he
             knows
             it
             will
             weigh
             with
             their
             Lordships
             accordingly
             ;
             and
             then
             it
             is
             no
             otherwise
             ,
             but
             by
             way
             of
             Discourse
             and
             Argument
             ;
             and
             how
             far
             that
             shall
             be
             layed
             to
             a
             mans
             Charge
             ,
             he
             must
             submit
             ,
             in
             regard
             of
             the
             reasons
             subsequent
             in
             the
             next
             Article
             ,
             so
             that
             he
             will
             reserve
             himself
             to
             this
             point
             ,
             till
             he
             comes
             thither
             .
             But
             the
             words
             fairly
             and
             cleerly
             understood
             ,
             abide
             a
             sence
             no
             way
             of
             danger
             to
             him
             that
             speaks
             them
             ;
             For
             they
             are
             ,
             
               That
               the
               King
               may
               use
               his
               Prerogative
               as
               he
               pleases
               ,
            
             and
             the
             Kings
             pleasure
             is
             always
             just
             ,
             and
             will
             not
             use
             his
             Prerogative
             ,
             but
             justly
             and
             fairly
             ,
             and
             for
             a
             man
             to
             think
             otherwise
             ,
             were
             a
             higher
             offence
             .
          
           
             Besides
             ,
             many
             things
             are
             lawful
             ,
             which
             if
             they
             were
             done
             to
             the
             uttermost
             of
             the
             Power
             ,
             that
             his
             Prerogative
             ,
             and
             the
             Law
             of
             the
             Land
             gives
             him
             ,
             might
             be
             prejudicial
             to
             His
             Subjects
             ;
             which
             notwithstanding
             ,
             he
             in
             his
             goodness
             and
             discharge
             of
             the
             Trust
             ,
             God
             Almighty
             hath
             put
             into
             him
             ,
             never
             hath
             ,
             nor
             will
             exercise
             ,
             but
             suffer
             them
             to
             be
             imployed
             for
             the
             Subjects
             advantage
             ,
             according
             to
             the
             present
             occasion
             :
             And
             therefore
             to
             say
             he
             may
             use
             His
             Prerogative
             as
             he
             pleases
             ,
             might
             be
             without
             prejudice
             to
             the
             Subject
             ,
             and
             very
             lawful
             .
             But
             it
             is
             a
             greater
             offence
             by
             much
             ,
             to
             think
             
             that
             the
             King
             will
             use
             his
             Prerogative
             otherwise
             ,
             then
             as
             befits
             a
             Christian
             and
             pious
             King.
             
          
           
             And
             therefore
             he
             hopes
             these
             words
             shall
             not
             be
             laid
             to
             his
             charge
             ,
             as
             a
             signal
             crime
             ,
             and
             of
             so
             high
             ,
             deadly
             ,
             and
             capital
             a
             nature
             as
             Treason
             .
          
           
             The
             next
             proof
             offered
             ,
             is
             my
             Lord
             Conway
             ,
             and
             he
             sayes
             ,
             on
             some
             discourse
             (
             which
             being
             private
             between
             friend
             and
             friend
             ,
             neither
             of
             them
             thought
             they
             should
             come
             here
             to
             give
             an
             account
             of
             )
             My
             Lord
             Conway
             asked
             him
             where
             the
             means
             should
             be
             for
             the
             Supply
             of
             the
             Kings
             Army
             ?
             He
             told
             him
             ,
             in
             Parliament
             ,
             and
             doubted
             not
             but
             the
             Parliament
             would
             supply
             His
             Majesty
             ,
             so
             far
             he
             was
             from
             thinking
             there
             should
             be
             that
             misfortune
             ,
             as
             the
             breach
             of
             that
             Parliament
             ,
             but
             quite
             contrary
             .
          
           
             And
             for
             the
             words
             ,
             
               That
               if
               the
               King
               should
               be
               denyed
               in
               just
               and
               lawful
               things
               ,
               he
               might
               justifie
               before
               God
               and
               men
               ,
               the
               seeking
               means
               to
               help
               himselfe
               ,
               though
               it
               were
               against
               their
               will.
            
             He
             must
             needs
             say
             ,
             That
             to
             help
             a
             mans
             self
             is
             a
             very
             natural
             motion
             ,
             for
             commonly
             a
             mans
             self
             is
             the
             last
             creature
             that
             leaves
             him
             ,
             and
             that
             which
             is
             natural
             to
             every
             man
             ,
             is
             natural
             to
             the
             King
             ,
             who
             is
             accountable
             ,
             not
             only
             for
             himself
             ,
             but
             also
             for
             all
             his
             people
             .
          
           
             The
             next
             is
             Mr.
             Treasurer
             :
             And
             he
             says
             ,
             That
             the
             5th
             of
             December
             was
             Twelvemonths
             ,
             to
             the
             best
             of
             his
             Remembrance
             ,
             upon
             a
             Proposition
             of
             a
             Parliament
             to
             the
             King
             ,
             he
             (
             the
             Earl
             of
             Strafford
             )
             should
             say
             ,
             That
             if
             the
             Parliament
             should
             not
             succeed
             ,
             he
             would
             be
             ready
             to
             assist
             His
             Majesty
             any
             other
             way
             .
             He
             sees
             not
             where
             the
             heynousness
             of
             the
             words
             lies
             ,
             nor
             where
             the
             venom
             is
             that
             should
             endanger
             him
             ,
             as
             to
             his
             Life
             and
             Honor
             ;
             And
             if
             he
             said
             he
             would
             assist
             His
             Majesty
             any
             other
             way
             ,
             if
             it
             were
             needful
             ,
             or
             any
             way
             conducing
             to
             his
             purpose
             ,
             he
             is
             verily
             perswaded
             ,
             Mr.
             Treasurer
             himself
             said
             as
             much
             ,
             but
             that
             is
             not
             material
             ,
             for
             he
             conceives
             it
             not
             blameble
             in
             either
             of
             them
             to
             have
             said
             so
             much
             ;
             therefore
             he
             laies
             it
             not
             on
             him
             as
             a
             Recrimination
             .
             For
             the
             Question
             was
             ,
             a
             Parliament
             or
             no
             Parliament
             ;
             a
             Parliament
             was
             the
             desire
             of
             every
             man
             to
             settle
             the
             Common-wealth
             by
             ,
             that
             they
             might
             
               stare
               super
               vias
               antiquas
            
             .
             And
             when
             they
             were
             moving
             His
             Majesty
             for
             a
             Parliament
             ,
             for
             him
             to
             say
             ,
             he
             would
             help
             any
             other
             way
             ,
             doth
             always
             presuppose
             what
             must
             be
             presupposed
             ,
             that
             it
             must
             be
             in
             all
             lawful
             ways
             ;
             The
             King
             cannot
             command
             unlawful
             ways
             ;
             and
             he
             hath
             that
             opinion
             of
             His
             Majesty
             ,
             and
             of
             His
             Truth
             and
             Faithfulness
             ,
             that
             He
             will
             not
             Command
             him
             any
             wayes
             ,
             but
             lawful
             wayes
             ,
             he
             having
             not
             carried
             himself
             in
             his
             Masters
             service
             so
             ,
             as
             that
             he
             can
             have
             an
             opinion
             of
             him
             ,
             that
             he
             will
             do
             any
             thing
             ,
             but
             what
             is
             honourable
             and
             just
             ,
             and
             therefore
             he
             hopes
             it
             is
             spoken
             without
             offence
             ,
             being
             fairly
             and
             rightly
             understood
             ,
             That
             is
             ,
             of
             lawful
             ways
             ,
             the
             ways
             the
             King
             could
             command
             ,
             and
             the
             wayes
             himself
             could
             serve
             him
             in
             ,
             being
             no
             other
             .
             And
             this
             is
             all
             they
             bring
             to
             prove
             that
             part
             of
             the
             21
             Article
             ,
             that
             concerns
             his
             procuring
             of
             His
             Majesty
             to
             break
             the
             Parliament
             ,
             and
             by
             Force
             and
             Power
             to
             raise
             Money
             on
             the
             Subjects
             ;
             And
             this
             is
             all
             he
             sayes
             ,
             and
             all
             they
             charge
             out
             of
             that
             Article
             .
          
           
             This
             he
             must
             add
             ,
             That
             when
             he
             sayes
             he
             will
             serve
             the
             King
             in
             any
             other
             ways
             ;
             in
             all
             Debates
             whensoever
             he
             expressed
             himself
             to
             that
             purpose
             ,
             he
             did
             ever
             in
             the
             conclusion
             end
             with
             this
             ,
             That
             there
             was
             no
             safe
             nor
             sure
             expedient
             ,
             to
             settle
             a
             right
             understanding
             between
             the
             King
             and
             His
             people
             ,
             and
             to
             make
             both
             happy
             ,
             but
             Parliaments
             ;
             as
             shall
             appear
             
             clearly
             and
             plainly
             by
             that
             time
             he
             hath
             given
             his
             proofs
             ,
             and
             so
             it
             will
             appear
             ,
             he
             meant
             only
             lawful
             ways
             .
          
           
             The
             next
             particular
             wherewith
             he
             is
             charged
             ,
             is
             to
             procure
             the
             Parliament
             of
             the
             Kingdom
             of
             Ireland
             ,
             to
             declare
             their
             assistance
             in
             a
             War
             against
             the
             Scots
             .
          
           
             For
             that
             if
             their
             Lordships
             please
             to
             give
             him
             leave
             ,
             he
             thinks
             the
             thing
             it self
             will
             best
             shew
             it self
             ,
             and
             therefore
             he
             desired
             the
             Remonstrance
             of
             the
             Two
             Houses
             of
             Parliament
             in
             Ireland
             might
             be
             read
             .
          
           
             And
             that
             of
             the
             Commons-House
             was
             read
             ,
             being
             in
             effect
             ,
          
           
             
               THe
               Declaration
               of
               the
               Commons-House
               there
               ,
               Importing
               ;
               Whereas
               they
               have
               with
               one
               consent
               ,
               cleerly
               given
               to
               His
               Majesty
               ,
               Four
               entire
               Subsidies
               towards
               His
               present
               preparations
               ,
               to
               reduce
               His
               disaffected
               Subjects
               ,
               the
               Covenanters
               in
            
             Scotland
             ,
             
               to
               their
               due
               obedience
               ;
               They
               still
               hope
               that
               His
               Majesties
               great
               Wisdom
               ,
               and
               unexampled
               Clemency
               ,
               may
               yet
               prevail
               with
               the
               worse
               affected
               of
               those
               His
               Subjects
               ,
               to
               bring
               them
               to
               that
               conformity
               and
               submission
               ,
               which
               by
               the
               Laws
               of
               God
               and
               Nature
               they
               owe
               to
               him
               :
               But
               if
               His
               Majesty
               shall
               be
               enforced
               to
               use
               His
               Power
               ,
               to
               vindicate
               His
               just
               Authority
               :
               This
               House
               for
               themselves
               ,
               and
               the
               Commons
               of
               this
               Kingdom
               ,
               do
               profess
               ,
               that
               their
               Zeal
               and
               Duty
               shall
               not
               stay
               here
               at
               these
               four
               Subsidies
               ,
               but
               Humbly
               promise
               ,
               That
               they
               will
               be
               ready
               with
               their
               Persons
               and
               Estates
               ,
               to
               their
               uttermost
               ability
               for
               His
               Majesties
               future
               Supply
               in
               Parliament
               ,
               as
               His
               great
               occasions
               ,
               by
               the
               continuance
               of
               His
               Forces
               against
               that
               distemper
               shall
               require
               .
               This
               they
               pray
               ,
               that
               it
               may
               be
               represented
               to
               His
               Majesty
               by
               the
               Lord
               Lieutenant
               ,
               and
               Recorded
               as
               an
               Ordinance
               of
               Parliament
               ,
               and
               published
               in
               Print
               as
               a
               Testimony
               to
               all
               the
               world
               and
               succeding
               ages
               ;
               That
               as
               this
               Kingdom
               hath
               the
               happiness
               to
               be
               governed
               by
               the
               best
               of
               Kings
               ,
               so
               they
               desire
               to
               give
               cause
               ,
               That
               he
               shall
               account
               this
               people
               amongst
               the
               best
               of
               His
               Subjects
               .
            
          
           
             The
             Declaration
             of
             the
             Lords
             Spiritual
             and
             Temporal
             being
             of
             the
             same
             Tenor
             ,
             was
             spared
             to
             be
             read
             .
          
           
             Upon
             which
             my
             Lord
             of
             Strafford
             said
             ,
             That
             if
             he
             had
             procured
             this
             Declaration
             ,
             it
             had
             been
             no
             crime
             ,
             considering
             what
             preceeded
             in
             the
             Kings
             Council
             there
             .
             But
             he
             says
             he
             hath
             no
             part
             in
             it
             ,
             it
             was
             done
             with
             the
             greatest
             freedom
             and
             cheerfulness
             that
             ever
             he
             did
             ,
             or
             shall
             see
             a
             thing
             of
             that
             nature
             done
             :
             It
             must
             be
             ascribed
             to
             that
             Nation
             ,
             and
             the
             Zeal
             ,
             Affection
             ,
             and
             Chearfulness
             ,
             by
             which
             they
             discovered
             themselves
             to
             the
             Kings
             service
             ,
             to
             which
             there
             was
             no
             need
             to
             invite
             them
             .
             But
             if
             he
             had
             had
             a
             part
             in
             it
             ,
             he
             might
             have
             justified
             it
             ,
             considering
             what
             precedent
             Instructions
             he
             had
             from
             the
             King
             ,
             which
             he
             could
             shew
             ,
             but
             that
             he
             is
             loath
             to
             take
             up
             their
             Lordships
             time
             .
          
           
             The
             next
             thing
             he
             is
             charged
             withal
             is
             ,
             for
             confederating
             with
             Sir
             
               George
               Ratcliffe
            
             ,
             and
             together
             with
             him
             ,
             traiterously
             conspiring
             ,
             to
             employ
             the
             Army
             raised
             in
             Ireland
             ,
             for
             the
             ruine
             and
             destruction
             of
             the
             Kingdom
             of
             England
             ,
             and
             of
             His
             Majesties
             Subjects
             ;
             and
             subverting
             the
             fundamental
             Laws
             of
             this
             Kingdom
             .
          
           
             To
             which
             he
             saith
             ,
             That
             truly
             if
             it
             be
             made
             appear
             ,
             that
             he
             had
             so
             much
             as
             any
             such
             thought
             in
             his
             Breast
             ,
             he
             should
             easily
             give
             Judgement
             against
             
             himself
             ,
             as
             not
             worthy
             to
             live
             .
             If
             he
             should
             confederate
             to
             the
             destruction
             of
             the
             Countrey
             that
             bore
             him
             ,
             and
             consequently
             to
             the
             making
             of
             himself
             and
             his
             posterity
             little
             else
             than
             Vassals
             ,
             who
             were
             born
             a
             free
             people
             ,
             by
             the
             goodness
             of
             Almighty
             God
             ,
             and
             under
             the
             Protection
             and
             Justice
             of
             the
             King
             ,
             and
             particularly
             of
             His
             Majesty
             ,
          
           
             That
             he
             hath
             a
             heart
             that
             loves
             freedom
             as
             well
             as
             another
             man
             ,
             and
             values
             it
             as
             highly
             ,
             and
             in
             a
             modest
             and
             dutiful
             way
             ,
             will
             go
             as
             far
             to
             defend
             it
             :
             And
             therefore
             certainly
             he
             is
             not
             altogether
             so
             probably
             to
             be
             thought
             a
             person
             that
             would
             go
             against
             it
             ;
             Nay
             ,
             he
             thinks
             that
             man
             doth
             the
             King
             the
             best
             service
             ,
             that
             stands
             for
             the
             modest
             Propriety
             and
             Liberty
             of
             the
             Subject
             .
             It
             hath
             been
             once
             his
             opinion
             ,
             which
             he
             learnt
             in
             the
             Honourable
             House
             of
             Commons
             ,
             when
             he
             had
             the
             honor
             to
             sit
             there
             ;
             it
             hath
             gone
             along
             with
             him
             in
             the
             whole
             course
             of
             his
             service
             to
             the
             Common-wealth
             ,
             and
             by
             the
             Grace
             of
             God
             ,
             he
             shall
             carry
             it
             to
             his
             Grave
             ;
             That
             the
             Prerogative
             of
             the
             Crown
             ,
             and
             Liberty
             of
             the
             Subject
             ,
             should
             be
             equally
             looked
             upon
             ,
             and
             served
             together
             ,
             but
             not
             apart
             .
          
           
             The
             proof
             they
             offer
             for
             this
             ,
             is
             a
             strange
             manner
             of
             proof
             ;
             For
             First
             they
             prove
             by
             Sir
             
               Robert
               King
            
             ,
             what
             Sir
             
               George
               Ratcliffe
            
             said
             ;
             they
             will
             not
             admit
             the
             examination
             of
             Sir
             
               George
               Ratcliffe
            
             ,
             but
             here
             is
             a
             Report
             upon
             a
             Report
             ;
             And
             what
             sayes
             this
             Gentleman
             ?
             He
             tells
             of
             some
             time
             Sir
             
               George
               Ratcliffe
            
             said
             ,
             which
             was
             not
             concerning
             him
             (
             the
             Defendant
             )
             and
             was
             impertinent
             for
             him
             to
             repeat
             .
             But
             the
             Deponent
             sayes
             in
             the
             conclusion
             ,
             That
             as
             he
             understood
             them
             ,
             there
             was
             some
             danger
             towards
             ,
             &c.
             
          
           
             Then
             comes
             my
             Lord
             Ranalaugh
             ,
             and
             reports
             the
             words
             of
             Sir
             
               George
               Ratcliffe
            
             ,
             and
             in
             conclusion
             sayes
             ,
             That
             by
             some
             things
             he
             did
             gather
             ,
             he
             had
             fears
             there
             might
             be
             some
             intendment
             ,
             to
             employ
             that
             Army
             in
             Ireland
             ,
             or
             some
             other
             place
             ;
             but
             he
             (
             the
             Defendant
             (
             offers
             to
             their
             Lordships
             ,
             That
             what
             Sir
             
               George
               Ratcliffe
            
             said
             ,
             was
             nothing
             to
             him
             ,
             and
             so
             could
             not
             charge
             him
             with
             it
             .
             The
             meanest
             Subject
             in
             the
             Kingdom
             cannot
             commit
             Treason
             by
             Letter
             of
             Attorney
             ;
             and
             it
             is
             a
             priviledge
             which
             ,
             though
             he
             hath
             the
             honor
             to
             be
             a
             Peer
             ,
             he
             shall
             never
             desire
             that
             a
             Peer
             may
             do
             it
             by
             Proxy
             :
             Sir
             
               George
               Ratcliffe
            
             cannot
             speak
             ,
             nor
             procure
             Treason
             for
             him
             ;
             and
             being
             Sir
             
               George
               Ratcliffes
            
             words
             ,
             they
             cannot
             be
             his
             (
             the
             Earl
             of
             Straffords
             )
             offence
             ;
             and
             he
             hopes
             Sir
             George
             will
             answer
             them
             ,
             as
             an
             honest
             Gentleman
             ,
             and
             a
             Privy-Counsellor
             to
             the
             King
             ,
             which
             he
             hath
             the
             honor
             to
             be
             in
             Ireland
             .
             And
             how
             Sir
             
               Robert
               King
            
             understood
             them
             ,
             is
             as
             little
             ,
             if
             not
             less
             to
             him
             (
             the
             Defendant
             )
             Sir
             
             Robert's
             understanding
             of
             a
             thing
             can
             make
             no
             crime
             to
             him
             (
             my
             Lord
             of
             Strafford
             )
             And
             for
             my
             Lord
             
             Ranalaugh's
             fears
             ,
             he
             may
             take
             them
             back
             again
             ,
             for
             it
             will
             be
             shewed
             they
             were
             groundless
             fears
             ,
             viz.
             That
             this
             Army
             was
             intended
             for
             English
             ground
             :
             For
             him
             to
             imagine
             ,
             that
             because
             my
             Lord
             of
             Strafford
             said
             ,
             It
             was
             like
             to
             be
             a
             troublesome
             world
             ,
             and
             that
             he
             was
             willing
             to
             sell
             his
             Land
             ,
             therefore
             this
             Army
             should
             come
             into
             England
             ;
             These
             be
             
               Non
               sequiturs
            
             ,
             and
             fancies
             of
             his
             own
             ,
             and
             there
             was
             no
             colour
             for
             such
             fears
             in
             his
             Lordship
             .
          
           
             Besides
             ,
             my
             Lord
             Ranalaugh
             was
             not
             acquainted
             with
             the
             Design
             ,
             and
             therefore
             he
             might
             easily
             mistake
             ,
             but
             others
             were
             acquainted
             with
             it
             ,
             in
             such
             manner
             ,
             as
             is
             expressed
             in
             his
             Answer
             ,
             and
             which
             (
             my
             Lord
             said
             )
             he
             shall
             now
             declare
             ,
             viz.
             
          
           
             That
             there
             was
             no
             intention
             or
             purpose
             of
             bringing
             this
             Irish
             Army
             into
             England
             ;
             And
             whereas
             to
             the
             Design
             he
             hath
             exprest
             in
             his
             Answer
             ,
             
             of
             having
             two
             Honourable
             Persons
             to
             be
             made
             privy
             ,
             and
             divers
             others
             to
             his
             Papers
             ,
             he
             Humbly
             besought
             their
             Lordships
             to
             favour
             him
             so
             far
             ,
             as
             to
             suffer
             him
             to
             ask
             a
             Question
             of
             three
             or
             four
             persons
             he
             shall
             produce
             ,
             professing
             that
             there
             was
             never
             a
             thought
             in
             any
             mans
             heart
             that
             he
             knew
             ,
             nor
             never
             a
             word
             in
             any
             mans
             mouth
             ,
             that
             ever
             he
             heard
             ,
             that
             any
             part
             of
             the
             Army
             should
             ever
             touch
             a
             foot
             on
             English
             ground
             ,
             as
             some
             of
             their
             Lordships
             ,
             and
             His
             Majesty
             knows
             (
             where
             his
             Lordship
             added
             )
             If
             he
             may
             with
             Reverence
             name
             His
             Majesty
             in
             that
             poor
             and
             distressed
             condition
             ,
             wherein
             himself
             is
             ;
             for
             he
             is
             not
             worthy
             of
             his
             Protection
             ,
             being
             in
             this
             miserable
             Case
             ,
             and
             therefore
             it
             was
             too
             much
             boldness
             for
             him
             ,
             to
             name
             him
             ;
             But
             his
             Lordship
             desired
             the
             benefit
             of
             reading
             my
             Lord
             of
             
             Northumberland's
             Examination
             ,
             to
             the
             point
             of
             that
             Design
             .
          
           
             Algernon
             ,
             Earl
             of
             Northumberland
             ,
             his
             Examination
             taken
             .
          
           
             To
             the
             First
             Interrogatory
             he
             saith
             ,
             That
             he
             hath
             often
             heard
             both
             His
             Majesty
             ,
             and
             the
             Earl
             of
             Strafford
             mention
             the
             8000
             Foot
             ,
             which
             were
             to
             be
             raised
             in
             Ireland
             ;
             but
             to
             his
             best
             remembrance
             ,
             he
             never
             heard
             any
             intention
             ,
             of
             bringing
             the
             said
             8000
             Foot
             ,
             or
             any
             part
             thereof
             into
             England
             ;
             That
             the
             design
             of
             landing
             them
             on
             the
             West
             of
             Scotland
             ,
             was
             often
             spoke
             of
             ,
             and
             so
             resolved
             ,
             as
             he
             believes
             .
          
           
             To
             the
             Second
             he
             saith
             ,
             He
             doth
             not
             remember
             ,
             that
             ever
             he
             heard
             the
             Earl
             of
             Strafford
             speak
             or
             mention
             the
             reducing
             of
             the
             Subjects
             of
             England
             by
             the
             said
             Army
             in
             Ireland
             .
          
           
             Here
             my
             Lord
             of
             Strafford
             desired
             their
             Lordships
             to
             take
             notice
             ,
             that
             my
             Lord
             of
             Northumberland
             was
             one
             of
             the
             Committee
             of
             Eight
             for
             Scotch
             affairs
             .
          
           
             The
             Lord
             Marq.
             Hamilton
             being
             Sworn
             and
             Interrogated
             ,
             what
             he
             knew
             or
             believed
             ,
             concerning
             the
             raising
             of
             8000
             Foot
             in
             Ireland
             ;
             or
             whether
             he
             was
             privy
             to
             any
             intention
             of
             bringing
             the
             same
             ,
             or
             any
             part
             of
             them
             into
             England
             ?
          
           
             His
             Lordship
             Answered
             ,
             It
             is
             late
             ,
             and
             time
             is
             precious
             to
             their
             Lordships
             ,
             
             and
             so
             he
             shall
             answer
             as
             shortly
             as
             he
             can
             unto
             that
             Question
             .
             It
             is
             very
             true
             ,
             His
             Majesty
             was
             Graciously
             pleased
             to
             acquaint
             him
             with
             the
             resolution
             of
             raising
             that
             Army
             of
             8000
             Foot
             ;
             And
             it
             is
             true
             ,
             that
             the
             resolution
             was
             ,
             That
             these
             men
             should
             Land
             in
             the
             West
             of
             Scotland
             ,
             about
             a
             certain
             Town
             ,
             called
             Ayre
             ,
             or
             where
             my
             Lord
             should
             find
             it
             most
             convenient
             .
             And
             for
             any
             thing
             he
             (
             the
             Examinant
             )
             knows
             ,
             there
             was
             no
             other
             design
             ,
             he
             never
             heard
             of
             any
             ,
             nor
             did
             he
             hear
             of
             the
             bringing
             of
             them
             into
             England
             ,
             for
             any
             such
             use
             or
             end
             ,
             or
             that
             they
             were
             ever
             to
             come
             to
             England
             at
             all
             .
          
           
             Being
             asked
             whether
             he
             heard
             my
             Lord
             of
             Strafford
             speak
             any
             thing
             concerning
             the
             reducing
             of
             England
             by
             the
             Army
             ?
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             doth
             not
             remember
             my
             Lord
             of
             Strafford
             to
             have
             spoken
             any
             such
             words
             .
          
           
           
             Sir
             
               Tho.
               Lucas
            
             ,
             Sergeant-Major-General
             of
             the
             Horse
             of
             the
             King's
             Army
             in
             Ireland
             ,
             who
             (
             as
             my
             Lord
             of
             Strafford
             said
             )
             being
             with
             him
             him
             here
             in
             
             Candlemas-Term
             was
             12
             months
             ,
             in
             his
             own
             Lodging
             at
             Covent-Garden
             ,
             something
             passed
             between
             them
             ,
             concerning
             the
             disposing
             of
             the
             8000
             Foot
             ,
             and
             1000
             Horse
             ,
             to
             what
             purpose
             they
             were
             raised
             .
          
           
             And
             being
             asked
             ,
             What
             was
             the
             Intent
             and
             Circumstance
             of
             that
             discourse
             ?
          
           
             He
             Answered
             ,
             That
             about
             the
             latter
             end
             of
             Ianuary
             1639.
             my
             Lord
             of
             Strafford
             told
             him
             ,
             an
             Army
             was
             to
             be
             raised
             in
             Ireland
             ,
             another
             in
             England
             ,
             and
             with
             the
             English
             Army
             a
             Regiment
             of
             Horse
             ,
             whereof
             his
             (
             the
             Examinants
             )
             Troop
             should
             be
             one
             ,
             and
             some
             Regiments
             of
             Foot
             ,
             and
             these
             Foot
             and
             Horse
             were
             to
             joyn
             with
             the
             Irish
             Army
             ;
             and
             that
             my
             Lord
             taking
             a
             Map
             of
             Scotland
             (
             which
             lay
             then
             in
             the
             Chamber
             )
             said
             ,
             Now
             I
             must
             tell
             you
             the
             greatest
             secret
             in
             all
             the
             world
             ,
             and
             pointed
             with
             his
             finger
             towards
             that
             part
             of
             Scotland
             ,
             which
             lies
             on
             the
             Dunbar-Frith
             :
             and
             said
             ,
             the
             Irish
             Army
             is
             to
             land
             here
             ,
             and
             here
             I
             intend
             to
             take
             a
             Town
             (
             but
             he
             did
             not
             nominate
             the
             Town
             )
             and
             added
             ,
             That
             he
             might
             the
             more
             easily
             do
             it
             ,
             because
             the
             Scots
             would
             not
             expect
             his
             Landing
             there
             ,
             but
             it
             is
             likely
             ,
             will
             imagine
             the
             Landing
             of
             the
             Irish
             Army
             at
             Carlisle
             ,
             or
             some
             other
             part
             of
             England
             .
             And
             his
             Lordship
             said
             further
             ,
             That
             when
             he
             had
             taken
             this
             ,
             he
             would
             strongly
             fortifie
             it
             ,
             intending
             it
             for
             a
             Magazine
             of
             Ammunition
             and
             Victuals
             for
             the
             Irish
             Army
             ,
             and
             so
             he
             should
             bring
             all
             the
             Countrey
             about
             to
             Contribution
             ,
             even
             to
             Edenburgh
             ,
             and
             when
             he
             is
             Landed
             ,
             he
             (
             the
             Examinant
             )
             should
             have
             notice
             ,
             and
             should
             joyn
             with
             the
             Irish
             Army
             ;
             and
             that
             he
             would
             send
             these
             Horse
             ,
             my
             Lord
             spake
             to
             him
             the
             Examinant
             ,
             about
             1000
             ,
             (
             as
             he
             thinks
             )
             to
             convey
             him
             the
             Examinant
             to
             him
             .
          
           
             My
             Lord
             of
             Strafford
             added
             ,
             That
             the
             truth
             is
             ,
             there
             were
             Foot-Regiments
             of
             Sir
             
               Tho.
               Wharton's
            
             ,
             and
             Sir
             
               Arthur
               Tyrringham's
            
             ,
             and
             Sir
             Tho.
             Lucas's
             Regiment
             of
             500
             Horse
             ;
             that
             (
             when
             the
             Irish
             were
             Landed
             in
             Scotland
             )
             were
             to
             be
             fetcht
             by
             Ships
             from
             
               St.
               Rees
            
             ,
             and
             so
             to
             have
             joyned
             with
             the
             others
             .
             And
             it
             was
             supposed
             ,
             500
             would
             have
             found
             no
             great
             difficulty
             on
             a
             suddain
             for
             such
             a
             march
             ,
             and
             Sir
             
               Tho.
               Wharton
            
             ,
             and
             Sir
             
               Arthur
               Tyrringham
            
             came
             over
             purposely
             ,
             to
             have
             persued
             his
             Design
             ;
             by
             which
             it
             appears
             ,
             there
             was
             no
             design
             to
             bring
             them
             to
             England
             ;
             and
             so
             a
             strange
             Philosophy
             it
             was
             to
             bring
             it
             into
             any
             mans
             thoughts
             ,
             it
             should
             be
             so
             .
          
           
             Mr.
             Slingsby
             being
             Interrogated
             ,
             What
             he
             knew
             concerning
             the
             Design
             
             of
             the
             Irish
             Army
             ?
          
           
             He
             Answered
             .
             That
             he
             had
             the
             honor
             to
             be
             sworn
             of
             the
             Council
             of
             War
             ,
             and
             then
             the
             charge
             of
             making
             the
             whole
             Magazine
             of
             Ammunition
             and
             Provision
             for
             that
             Army
             ,
             was
             conferred
             on
             him
             ,
             That
             he
             repaired
             to
             England
             10
             days
             after
             my
             Lord
             ,
             and
             persued
             his
             received
             Instructions
             ,
             for
             making
             preparations
             of
             Artillery
             and
             Ammunition
             directed
             ,
             which
             he
             got
             all
             shipp'd
             and
             
             ready
             about
             Iuly
             ;
             that
             the
             slow
             proceedings
             of
             the
             Irish
             Army
             did
             then
             retard
             his
             directions
             from
             my
             Lord-Lieutenant
             ,
             for
             the
             dispatch
             away
             of
             those
             Ships
             which
             were
             ready
             .
          
           
             That
             my
             Lord
             was
             pleased
             to
             tell
             him
             ,
             he
             must
             provide
             some
             stores
             for
             a
             Magazine
             for
             maintainance
             of
             the
             Soldiers
             ;
             that
             he
             was
             pleased
             to
             impart
             to
             him
             ,
             That
             the
             Army
             was
             to
             Land
             in
             Scotland
             about
             Aire
             ;
             That
             he
             thereupon
             proceeded
             to
             get
             a
             Map
             drawn
             of
             that
             Coast
             ,
             and
             informed
             himself
             by
             that
             Map
             ,
             and
             discoursed
             with
             Scotchmen
             in
             Town
             ;
             That
             Aire
             was
             a
             barred
             Harbor
             ,
             and
             that
             divers
             Ordinance
             were
             mounted
             to
             intercept
             the
             Landing
             ,
             which
             he
             representing
             to
             my
             Lord-Lieutenant
             ,
             my
             Lord
             directed
             him
             to
             take
             consideration
             of
             the
             burdens
             of
             the
             Ships
             ,
             and
             whether
             they
             could
             be
             brought
             to
             ride
             near
             the
             Town
             ,
             and
             that
             there
             might
             be
             provision
             of
             Flat-bottomm'd
             Boats
             to
             Land
             a
             good
             number
             at
             once
             ;
             That
             he
             had
             a
             Warrant
             to
             receive
             10
             of
             the
             King
             's
             Flat-bottomm'd
             Boats
             ,
             and
             20
             were
             provided
             by
             my
             Lord
             of
             Antrim
             the
             last
             year
             with
             Oars
             ,
             and
             a
             floating
             Battery
             to
             secure
             the
             Landing
             of
             the
             men
             ;
             That
             he
             had
             direction
             to
             obtain
             Warrants
             from
             my
             Lord
             of
             Newport
             for
             10
             ,
             16
             ,
             or
             20
             pieces
             of
             Ordinance
             ,
             That
             at
             first
             he
             had
             10
             ,
             afterwards
             6
             more
             Iron
             pieces
             for
             fortification
             ,
             which
             (
             as
             my
             Lord
             of
             Strafford
             had
             imparted
             to
             him
             the
             Examinant
             )
             were
             to
             fortifie
             the
             place
             after
             Landing
             at
             Aire
             ,
             and
             were
             Shipt
             and
             sent
             away
             ,
             but
             the
             Ships
             were
             not
             sent
             a
             good
             while
             after
             ,
             by
             reason
             of
             the
             slow
             proceedings
             of
             the
             Army
             .
          
           
             Being
             asked
             whether
             my
             Lord
             of
             Strafford
             did
             not
             give
             him
             direction
             to
             get
             a
             Coast-Map
             ,
             to
             let
             him
             know
             the
             particular
             place
             ,
             where
             he
             intended
             to
             Land
             ?
          
           
             He
             Answered
             ,
             That
             he
             was
             particularly
             commanded
             to
             get
             a
             Platt
             drawn
             ,
             and
             the
             party
             that
             drew
             it
             is
             in
             Town
             ,
             and
             can
             testify
             ,
             that
             he
             designed
             him
             .
          
           
             Being
             asked
             ,
             Whether
             he
             had
             not
             Commission
             and
             Instructions
             from
             my
             Lord
             of
             Strfford
             to
             discharge
             some
             Ships
             for
             the
             lessening
             of
             the
             Kings
             Charge
             ,
             and
             to
             take
             only
             so
             many
             ,
             as
             might
             be
             fit
             for
             the
             service
             ?
          
           
             He
             Answered
             ,
             That
             he
             received
             that
             command
             from
             my
             Lord
             Lieutenant
             ,
             to
             discharge
             most
             of
             the
             Ships
             ,
             and
             none
             went
             about
             but
             them
             that
             were
             laden
             with
             Ammunition
             ,
             and
             he
             received
             direction
             to
             take
             as
             few
             Ships
             as
             he
             could
             ,
             to
             prevent
             charge
             to
             His
             Majesty
             ,
             and
             discharged
             some
             10
             or
             14
             Flemish
             Ships
             that
             were
             fraighted
             .
          
           
             This
             my
             Lord
             of
             Strafford
             said
             ,
             he
             offers
             ,
             because
             he
             would
             not
             have
             it
             stick
             with
             any
             man
             ,
             That
             in
             the
             things
             concerning
             the
             Kings
             Service
             ,
             necessaries
             were
             not
             ready
             at
             the
             time
             ;
             therefore
             he
             would
             not
             have
             any
             thing
             asperse
             him
             ;
             for
             the
             King
             never
             commanded
             him
             any
             thing
             ,
             but
             (
             according
             to
             what
             he
             understood
             ,
             )
             he
             did
             it
             faithfully
             ,
             and
             never
             any
             thing
             miscarried
             .
          
           
             Sir
             
               William
               Pennyman
            
             being
             asked
             ,
             What
             my
             Lord
             of
             
             Strafford's
             Answer
             was
             to
             him
             ,
             when
             he
             told
             my
             Lord
             of
             some
             News
             scattered
             ,
             that
             the
             Irish
             Army
             were
             intended
             for
             England
             ?
          
           
           
             He
             Answered
             ,
             He
             did
             Ask
             such
             a
             Question
             ,
             and
             remembers
             it
             (
             and
             may
             be
             ,
             more
             particularly
             than
             my
             Lord
             doth
             )
             That
             he
             was
             newly
             come
             from
             his
             Quarter
             ,
             and
             my
             Lord
             told
             him
             ,
             That
             some
             of
             their
             Lordships
             were
             come
             with
             a
             Petition
             to
             the
             King
             ,
             and
             ,
             among
             other
             things
             ,
             Petitioned
             ,
             That
             the
             Irish
             Army
             should
             not
             come
             over
             ,
             and
             wondered
             ,
             their
             Lordships
             should
             Petition
             for
             that
             ;
             for
             certainly
             ,
             he
             should
             know
             that
             particular
             as
             much
             as
             their
             Lordships
             ;
             and
             protested
             ,
             before
             God
             ,
             they
             were
             never
             intended
             to
             set
             foot
             on
             English
             Ground
             :
             That
             he
             (
             Sir
             
               William
               Pennyman
            
             )
             reply'd
             again
             ,
             Certainly
             a
             great
             many
             more
             were
             in
             a
             great
             deal
             of
             darkness
             and
             error
             ;
             for
             ,
             he
             had
             asked
             Sir
             
               Robert
               Farrar
            
             the
             Reason
             the
             Irish
             Army
             did
             not
             come
             over
             ,
             it
             being
             the
             conjecture
             of
             a
             great
             many
             they
             should
             Land
             at
             Workington
             ;
             and
             his
             Lordship
             protested
             again
             ,
             That
             he
             never
             knew
             they
             were
             to
             set
             foot
             on
             English
             ground
             .
          
           
             He
             (
             the
             Defendant
             )
             confesseth
             ,
             he
             said
             ,
             The
             Army
             was
             to
             come
             to
             Workington
             ,
             and
             joyn
             with
             the
             Kings
             Forces
             at
             Barwick
             ;
             for
             ,
             he
             had
             no
             reason
             to
             prepare
             the
             Scots
             before-hand
             but
             to
             disguise
             the
             business
             ,
             though
             he
             never
             thought
             nor
             heard
             of
             any
             purpose
             under
             Heaven
             ,
             that
             any
             of
             them
             should
             come
             on
             English
             Ground
             :
             And
             added
             ,
             That
             he
             did
             not
             rest
             here
             ,
             but
             acquainted
             my
             Lord
             of
             Ormond
             the
             Lieutenant-General
             of
             that
             Army
             ,
             my
             Lord
             President
             of
             Munster
             ,
             my
             Lord
             Justice
             Burlace
             (
             who
             now
             is
             General
             of
             the
             Artillery
             )
             that
             the
             Army
             was
             to
             be
             sent
             for
             Knockfergus
             ,
             the
             Northerly
             part
             of
             Ireland
             ,
             and
             the
             business
             to
             be
             for
             Scotland
             ,
             not
             for
             England
             :
             And
             ,
             the
             sending
             of
             all
             the
             Stores
             to
             the
             uttermost
             Confines
             ,
             shews
             plainly
             and
             demonstratively
             ,
             that
             the
             Design
             wrought
             there
             ,
             howsoever
             it
             was
             pretended
             in
             another
             place
             .
          
           
             The
             next
             thing
             brought
             into
             his
             Charge
             ,
             is
             from
             the
             Mouth
             of
             his
             own
             Brother
             ;
             and
             ,
             it
             is
             narrowly
             sought
             after
             ,
             even
             in
             his
             innermost
             friends
             ,
             his
             Brother
             ,
             his
             Table
             ,
             his
             House
             ,
             his
             Bed
             ,
             in
             every
             place
             ,
             for
             something
             to
             Convince
             him
             of
             that
             ,
             which
             he
             thanks
             God
             he
             was
             never
             guilty
             of
             .
          
           
             It
             is
             from
             a
             Testimony
             of
             Sir
             
               Tho.
               Barrington
            
             ,
             who
             tells
             what
             passed
             between
             Sir
             Thomas
             and
             his
             Brother
             .
             But
             ,
             in
             Answer
             thereunto
             ,
             he
             offers
             ,
             That
             what
             his
             Brother
             sayes
             is
             nothing
             to
             him
             :
             his
             Brother
             is
             a
             young
             Gentleman
             ;
             and
             ,
             in
             things
             that
             concern
             the
             Kings
             service
             ,
             and
             where
             there
             lies
             the
             Obligation
             of
             an
             Oath
             ,
             his
             Brother
             knows
             no
             more
             from
             him
             ,
             than
             a
             meer
             stranger
             ,
             nor
             shall
             ,
             though
             he
             knows
             him
             well
             :
             and
             therefore
             he
             hopes
             this
             cannot
             convince
             him
             ,
             when
             the
             whole
             course
             of
             his
             actions
             goes
             another
             way
             .
          
           
             But
             ,
             thus
             much
             he
             must
             say
             for
             his
             Brother
             ,
             before
             he
             be
             Examined
             ,
             That
             when
             it
             was
             first
             opened
             in
             the
             Parliament
             House
             ,
             That
             one
             near
             to
             him
             in
             blood
             should
             say
             ,
             
               England
               would
               be
               never
               well
               till
               it
               be
               Conquer'd
               again
            
             ;
             he
             could
             not
             imagine
             who
             in
             the
             world
             it
             should
             be
             ;
             And
             besought
             their
             Lordships
             ,
             that
             ,
             since
             he
             now
             comes
             to
             know
             it
             ,
             his
             Brother
             may
             be
             Asked
             ,
             Whether
             he
             knows
             any
             thing
             of
             it
             ?
          
           
             Sir
             
               George
               Wentworth
            
             being
             to
             speak
             as
             to
             the
             said
             Discourse
             ,
             Mr.
             Maynard
             opposed
             this
             proceeding
             ,
             as
             tending
             to
             the
             clearing
             of
             himself
             ;
             
             supposing
             ,
             that
             if
             they
             had
             examined
             him
             ,
             whether
             he
             had
             spoken
             the
             words
             or
             no
             ,
             their
             Lordships
             would
             not
             have
             suffered
             him
             to
             be
             examined
             to
             charge
             himself
             ;
             and
             their
             Lordships
             Judgments
             were
             humbly
             demanded
             ,
             whether
             if
             he
             be
             not
             to
             be
             examined
             on
             one
             side
             ,
             he
             should
             be
             examined
             on
             the
             other
             ?
             But
             Sir
             
               George
               Wentworth
            
             desiring
             to
             be
             heard
             for
             his
             own
             Justification
             ,
             Mr.
             Maynard
             further
             offered
             ,
             That
             being
             for
             his
             own
             Justification
             ,
             
             he
             could
             not
             (
             under
             favour
             of
             their
             Lordships
             )
             be
             heard
             .
          
           
             And
             their
             Lordships
             directed
             it
             accordingly
             .
          
           
             My
             Lord
             of
             Strafford
             offering
             to
             their
             Lordships
             ,
             That
             it
             is
             easie
             to
             
             mistake
             words
             ,
             that
             pass
             betwixt
             Man
             and
             Man
             ,
             in
             ordinary
             and
             familiar
             Discourse
             ;
             and
             ,
             that
             Memories
             that
             can
             remember
             things
             ,
             so
             long
             since
             ,
             he
             protested
             are
             quicker
             and
             fresher
             then
             ever
             his
             was
             .
          
           
             The
             Committee
             thereupon
             offered
             to
             confirm
             the
             Testimony
             by
             some
             other
             Circumstances
             ;
             but
             ,
             their
             Lordships
             seeming
             satisfied
             ,
             it
             was
             forborn
             .
          
           
             And
             so
             my
             Lord
             of
             Strafford
             concluded
             that
             part
             of
             the
             Charge
             ,
             which
             concerned
             his
             Conspiring
             with
             Sir
             
               George
               Ratcliffe
            
             ,
             to
             bring
             over
             the
             Irish
             Army
             to
             the
             prejudice
             of
             England
             ;
             thinking
             ,
             as
             he
             said
             ,
             that
             he
             had
             clearly
             and
             evidently
             demonstrated
             it
             to
             be
             a
             truth
             ,
             that
             will
             not
             be
             denied
             him
             ,
             that
             the
             intendment
             was
             for
             no
             such
             purpose
             ,
             and
             consequently
             there
             was
             no
             such
             Conspiracy
             to
             any
             such
             intent
             :
             and
             therefore
             left
             it
             to
             their
             Lordships
             further
             ,
             and
             wiser
             ,
             and
             nobler
             Considerations
             .
          
           
             The
             next
             thing
             ,
             is
             the
             words
             Charged
             to
             have
             been
             spoken
             after
             his
             return
             into
             England
             ,
             to
             sundry
             persons
             ,
             declaring
             his
             Opinion
             ,
             That
             His
             Majesty
             should
             first
             try
             the
             Parliament
             here
             ,
             and
             ,
             if
             they
             did
             not
             supply
             Him
             according
             to
             His
             present
             exigency
             ,
             He
             might
             use
             His
             Prerogative
             as
             He
             pleased
             ,
             and
             to
             Levy
             what
             He
             needed
             .
          
           
             And
             ,
             all
             the
             Proofe
             of
             these
             words
             ,
             is
             the
             Testimony
             of
             my
             Lord
             Primate
             ,
             whereunto
             he
             hath
             given
             that
             Answer
             already
             ,
             that
             he
             hopes
             will
             be
             satisfactory
             .
          
           
             As
             to
             the
             other
             part
             ,
             That
             the
             King
             shall
             be
             acquitted
             before
             God
             and
             Men
             ,
             if
             he
             take
             other
             course
             to
             supply
             Himself
             ,
             though
             against
             the
             good
             will
             of
             His
             Subjects
             .
          
           
             This
             he
             hath
             Answered
             already
             ,
             and
             shall
             not
             need
             to
             repeat
             :
             But
             ,
             he
             finds
             some
             things
             in
             the
             Proofes
             ,
             which
             ,
             whether
             they
             mean
             to
             make
             use
             of
             ,
             to
             prove
             any
             of
             the
             words
             he
             knows
             not
             :
             and
             therefore
             he
             desired
             to
             touch
             on
             them
             a
             little
             .
          
           
             The
             first
             proof
             hereof
             ,
             Is
             the
             Testimony
             of
             Mr.
             Comptroller
             ,
             that
             he
             ,
             the
             (
             Earl
             of
             Strafford
             )
             should
             say
             something
             of
             deserting
             the
             King
             ,
             but
             he
             remembers
             not
             the
             particulars
             :
             In
             which
             words
             he
             conceives
             there
             is
             nothing
             that
             can
             make
             him
             Criminal
             before
             their
             Lordships
             .
          
           
           
             The
             next
             is
             ,
             of
             what
             my
             Lord
             of
             Bristol
             sayes
             ;
             whose
             Discourse
             came
             in
             upon
             some
             Difference
             between
             the
             Tenants
             of
             his
             Lordship
             (
             the
             Earl
             of
             Bristol
             )
             and
             his
             (
             the
             said
             Earl
             of
             Strafford
             )
             The
             discourse
             he
             remembers
             very
             well
             ,
             my
             Lord
             of
             Bristol
             honouring
             him
             with
             a
             visit
             when
             he
             was
             sick
             ;
             and
             ,
             he
             remembers
             ,
             something
             was
             spoken
             to
             that
             effect
             and
             purpose
             ,
             as
             it
             is
             in
             the
             Testimony
             .
             But
             ,
             What
             is
             this
             as
             to
             the
             Charge
             laid
             against
             him
             ?
             In
             the
             Charge
             ,
             there
             are
             only
             such
             words
             that
             may
             prejudice
             him
             ,
             but
             nothing
             that
             may
             forfeit
             his
             Life
             ,
             Estate
             ,
             and
             Honor.
             As
             in
             the
             case
             of
             Extream
             and
             unavoidable
             necessitie
             ,
             viz.
             The
             Invasion
             of
             a
             Foreign
             Enemy
             ,
             when
             there
             is
             not
             time
             to
             call
             a
             Parliament
             .
             And
             ,
             the
             King
             may
             in
             that
             case
             use
             ,
             as
             the
             Common
             Parent
             of
             the
             Country
             ,
             what
             power
             God
             Almighty
             hath
             given
             Him
             ,
             for
             preserving
             Himself
             ,
             and
             His
             People
             ,
             for
             whom
             He
             is
             accomptable
             to
             Almighty
             God
             ,
             is
             a
             thing
             quite
             different
             ,
             from
             what
             is
             in
             an
             ordinary
             Case
             .
             He
             confesses
             ,
             his
             opinion
             is
             ,
             the
             King
             hath
             a
             power
             absolutely
             to
             use
             all
             possible
             means
             for
             the
             safety
             of
             the
             Publick
             .
             In
             these
             Cases
             He
             hath
             a
             Power
             given
             Him
             by
             God
             Almighty
             ,
             that
             cannot
             be
             taken
             from
             Him
             by
             others
             ;
             neither
             ,
             under
             favour
             ,
             is
             He
             able
             to
             take
             it
             from
             Himself
             .
             If
             this
             be
             a
             fond
             and
             foolish
             Opinion
             ,
             he
             craves
             their
             Lordships
             pardon
             ;
             but
             ,
             he
             thinks
             ,
             a
             man
             should
             not
             forfeit
             his
             Life
             and
             Honor
             ,
             and
             Posterity
             ,
             for
             a
             foolish
             Opinion
             ;
             God
             forbid
             that
             Common-Law
             ,
             or
             Statute-Law
             ,
             should
             make
             that
             Treason
             in
             any
             Man.
             
          
           
             So
             that
             he
             acknowledges
             ,
             There
             was
             some
             such
             discourse
             ;
             But
             ,
             all
             things
             taken
             together
             ,
             carries
             the
             State
             of
             the
             Question
             quite
             another
             way
             ,
             then
             when
             taken
             to
             pieces
             .
          
           
             My
             Lord
             of
             Bristols
             Testimony
             sayes
             further
             .
             But
             my
             Lord
             of
             Strafford
             then
             said
             ,
             The
             King
             was
             not
             to
             be
             Mastered
             by
             the
             frowardness
             or
             wilfulness
             of
             His
             People
             ,
             or
             rather
             by
             the
             disaffection
             of
             some
             particular
             men
             .
          
           
             To
             which
             words
             ,
             he
             sayes
             ,
             If
             he
             did
             remember
             them
             ,
             he
             would
             acknowledge
             them
             :
             But
             ,
             being
             then
             in
             that
             condition
             ,
             delivered
             from
             a
             great
             and
             long
             sickness
             ,
             infirm
             and
             weak
             ;
             both
             in
             the
             powers
             of
             his
             mind
             ,
             and
             faculties
             of
             his
             Body
             ,
             if
             he
             be
             not
             able
             to
             recollect
             every
             thing
             ,
             it
             is
             no
             marvel
             :
             But
             ,
             he
             relies
             so
             much
             on
             the
             honor
             and
             nobleness
             of
             my
             Lord
             of
             Bristol
             ,
             that
             seeing
             he
             sayes
             that
             he
             said
             it
             ,
             he
             will
             not
             deny
             it
             ,
             though
             he
             cannot
             remember
             it
             .
             But
             he
             must
             say
             withal
             ,
             That
             his
             Testimony
             cannot
             work
             any
             thing
             towards
             him
             further
             ,
             then
             a
             single
             Testimony
             can
             do
             in
             this
             case
             :
             and
             therefore
             ,
             without
             offence
             ,
             he
             shall
             desire
             ,
             in
             this
             particular
             ,
             to
             reserve
             that
             benefit
             to
             himself
             ,
             that
             the
             Law
             in
             this
             case
             gives
             him
             ,
             in
             such
             sort
             ,
             as
             hereafter
             he
             shall
             be
             bold
             to
             put
             their
             Lordships
             in
             mind
             of
             ,
             that
             is
             ,
             how
             far
             a
             single
             testimony
             may
             work
             to
             the
             prejudice
             of
             a
             Man
             ,
             charged
             with
             High
             Treason
             .
          
           
             The
             next
             Testimony
             is
             my
             Lord
             of
             Newburgh
             ;
             That
             he
             heard
             me
             (
             the
             Defendant
             )
             say
             ,
             or
             words
             to
             this
             effect
             ,
             That
             seeing
             the
             Parliament
             had
             not
             supplied
             the
             King
             ,
             His
             Majesty
             might
             take
             other
             Courses
             for
             the
             Defence
             of
             the
             Kingdom
             .
          
           
           
             These
             words
             I
             do
             (
             said
             the
             Defendant
             )
             acknowledge
             :
             And
             he
             trusts
             there
             is
             no
             offence
             in
             this
             saying
             ;
             for
             ,
             I
             conceive
             ,
             that
             the
             King
             is
             not
             secluded
             ,
             nor
             any
             one
             else
             ,
             in
             a
             fair
             ,
             and
             just
             ,
             and
             an
             honourable
             way
             ,
             from
             doing
             the
             best
             for
             himself
             ,
             and
             his
             own
             preservation
             ;
             but
             those
             other
             Courses
             that
             were
             intended
             ,
             were
             just
             and
             lawful
             Courses
             ;
             He
             must
             put
             that
             grain
             of
             salt
             into
             all
             the
             rest
             of
             his
             Discourse
             ;
             that
             it
             was
             meant
             of
             no
             other
             wayes
             or
             Means
             ,
             but
             such
             as
             were
             allowed
             by
             the
             Laws
             of
             the
             Land
             ,
             and
             were
             fit
             for
             a
             gracious
             and
             pious
             King
             to
             use
             :
             and
             so
             understood
             ,
             he
             knows
             no
             reason
             ,
             but
             the
             King
             should
             be
             left
             to
             supply
             Himself
             ,
             in
             all
             the
             fair
             and
             just
             ways
             he
             can
             ,
             if
             the
             Parliament
             should
             not
             supply
             Him.
             
          
           
             The
             next
             Testimony
             is
             my
             Lord
             of
             
             Holland's
             ,
             and
             his
             Lordship
             sayes
             ,
             That
             at
             Council-Table
             my
             Lord
             of
             Strafford
             should
             say
             ,
             That
             the
             Parliament
             having
             deny'd
             the
             King
             ,
             gave
             Him
             an
             advantage
             to
             supply
             Himself
             otherwayes
             .
          
           
             But
             ,
             he
             sayes
             still
             ,
             other
             lawful
             wayes
             ;
             It
             gave
             Him
             advantage
             to
             use
             His
             Prerogative
             in
             lawful
             wayes
             ,
             further
             then
             otherwise
             perhaps
             out
             of
             his
             goodness
             ,
             He
             would
             have
             done
             :
             Therefore
             ,
             giving
             those
             words
             that
             Interpretation
             ,
             he
             conceives
             they
             cannot
             be
             layd
             to
             him
             as
             a
             Charge
             of
             High-Treason
             .
          
           
             The
             next
             is
             the
             Testimony
             of
             my
             Lord
             of
             Northumberland
             ,
             who
             sayes
             ,
             My
             Lord
             of
             Strafford
             said
             ,
             That
             in
             case
             of
             necessity
             ,
             and
             for
             Defence
             and
             safety
             of
             the
             Kingdom
             ;
             if
             the
             People
             refuse
             ,
             the
             King
             might
             do
             every
             thing
             for
             the
             Preservation
             of
             His
             People
             .
          
           
             This
             brings
             it
             much
             to
             the
             other
             business
             before
             spoken
             of
             ,
             it
             being
             in
             case
             of
             necessity
             ,
             for
             Defence
             and
             Safety
             of
             the
             Kingdom
             ,
             and
             to
             be
             used
             for
             preservation
             of
             the
             People
             ;
             for
             ,
             he
             must
             needs
             say
             ,
             That
             is
             his
             Opinion
             ,
             grounded
             upon
             that
             Maxim
             ,
             
               Salus
               Populisuprema
               Lex
            
             ;
             In
             these
             things
             when
             ordinary
             formes
             cannot
             be
             had
             (
             for
             when
             they
             may
             be
             had
             ,
             to
             go
             to
             extraordinary
             ,
             is
             not
             right
             )
             but
             ,
             when
             the
             ordinary
             wayes
             fail
             ,
             and
             the
             occasion
             gives
             no
             time
             ,
             God
             forbid
             ,
             but
             the
             King
             should
             employ
             the
             uttermost
             of
             His
             Power
             ,
             Wisdom
             ,
             and
             Courage
             ,
             for
             preservation
             of
             Himself
             and
             His
             People
             ;
             And
             ,
             to
             say
             it
             with
             limitation
             ,
             under
             favour
             ,
             doth
             state
             the
             Question
             quite
             otherwayes
             ,
             then
             if
             the
             words
             were
             taken
             alone
             ,
             and
             not
             put
             together
             .
             But
             ,
             that
             with
             these
             Limitations
             he
             spake
             ,
             both
             these
             things
             ,
             and
             diverse
             others
             ,
             will
             more
             fully
             and
             clearly
             appear
             in
             the
             next
             succeeding
             Article
             :
             for
             ,
             here
             he
             is
             charged
             with
             speaking
             things
             at
             large
             ;
             but
             there
             at
             the
             Council-Board
             ,
             and
             there
             it
             will
             come
             in
             properly
             .
          
           
             At
             which
             time
             he
             shall
             desire
             to
             examine
             some
             of
             their
             Lordships
             ,
             and
             ,
             it
             shall
             appear
             ,
             words
             of
             this
             Nature
             went
             alwayes
             in
             this
             sort
             from
             him
             ,
             in
             case
             of
             a
             Foraign
             Invasion
             ,
             in
             case
             of
             an
             Enemy
             actually
             entred
             ,
             or
             to
             be
             entred
             ,
             and
             not
             otherwise
             ;
             which
             makes
             it
             another
             Question
             ,
             then
             as
             by
             the
             Antecedents
             and
             Consequents
             it
             is
             laid
             in
             the
             Charge
             .
          
           
             Besides
             ,
             this
             offence
             is
             ,
             but
             words
             spoken
             by
             way
             of
             Argument
             ,
             
             in
             Common
             Discourse
             ,
             betwixt
             Man
             and
             Man
             ,
             without
             any
             further
             ,
             or
             other
             proceeding
             ,
             or
             Execution
             upon
             these
             words
             :
             and
             ,
             Shall
             these
             be
             brought
             against
             a
             Man
             ,
             and
             charged
             on
             him
             as
             High-Treason
             ?
             God
             forbid
             that
             ever
             we
             should
             live
             to
             see
             such
             an
             Example
             in
             this
             Kingdom
             :
             A
             matter
             of
             infinite
             prejudice
             and
             danger
             to
             every
             Man
             ;
             for
             ,
             when
             that
             is
             done
             ,
             no
             Man
             can
             be
             safe
             .
          
           
             Is
             there
             any
             thing
             more
             ordinary
             ,
             then
             for
             Men
             in
             Discourse
             ,
             to
             seem
             to
             be
             of
             a
             Contrary
             Opinion
             to
             what
             they
             are
             ,
             to
             invite
             another
             Man
             to
             give
             Reasons
             ,
             perhaps
             to
             confirm
             him
             in
             his
             own
             Opinion
             ,
             though
             he
             seems
             to
             Argue
             against
             it
             ?
          
           
             Is
             any
             thing
             more
             familiar
             ,
             than
             for
             a
             Man
             to
             seem
             to
             be
             of
             an
             Opinion
             ,
             to
             gain
             a
             Reason
             to
             confirm
             that
             Opinion
             which
             he
             is
             of
             ,
             and
             contrary
             to
             that
             he
             seems
             to
             defend
             ,
             by
             this
             means
             to
             get
             the
             strength
             of
             other
             Mens
             Reasons
             to
             confirm
             his
             own
             by
             ?
          
           
             Again
             ,
             Is
             any
             thing
             more
             familiar
             in
             private
             Discourse
             ,
             between
             Man
             and
             Man
             ,
             than
             when
             one
             is
             so
             far
             on
             that
             side
             the
             Line
             ,
             for
             the
             other
             to
             go
             as
             far
             himself
             ,
             that
             he
             may
             meet
             the
             first
             Man
             in
             the
             midst
             ?
             If
             a
             man
             meet
             with
             one
             that
             is
             as
             far
             below
             ,
             as
             himself
             is
             above
             ,
             and
             shall
             seem
             to
             maintain
             further
             ,
             than
             his
             Reason
             and
             Belief
             carries
             him
             ,
             to
             bring
             the
             other
             to
             moderation
             ,
             Shall
             this
             be
             charged
             on
             him
             as
             a
             Treason
             ?
          
           
             If
             words
             spoken
             to
             Friends
             ,
             in
             familiar
             Discourse
             ,
             spoken
             in
             ones
             Chamber
             ,
             spoken
             at
             ones
             Table
             ,
             spoken
             in
             ones
             Sick-Bed
             ,
             spoken
             ,
             perhaps
             ,
             to
             gain
             better
             Reason
             ,
             to
             give
             himself
             more
             clear
             light
             and
             judgment
             ,
             by
             reasoning
             ;
             If
             these
             things
             shall
             be
             brought
             against
             a
             man
             ,
             as
             Treason
             ;
             this
             ,
             under
             favour
             ,
             takes
             away
             the
             Comfort
             of
             all
             Humane
             Society
             :
             By
             this
             means
             we
             shall
             be
             debarred
             of
             Speaking
             (
             the
             Principal
             Joy
             and
             Comfort
             of
             Society
             )
             with
             wise
             and
             good
             Men
             ,
             to
             become
             wiser
             ,
             and
             better
             our
             lives
             .
             If
             these
             things
             be
             strained
             to
             take
             away
             Life
             ,
             and
             Honor
             ,
             and
             all
             that
             is
             desirable
             ,
             it
             will
             be
             a
             silent
             World
             ;
             a
             City
             will
             become
             an
             Hermitage
             ,
             and
             Sheep
             will
             be
             found
             amongst
             a
             Crowd
             and
             Press
             of
             People
             ;
             and
             ,
             no
             Man
             shall
             dare
             to
             impart
             his
             Solitary
             Thoughts
             ,
             or
             Opinion
             ,
             to
             his
             Friend
             and
             Neighbor
             ,
             but
             thereby
             be
             debarred
             from
             consulting
             with
             wiser
             Men
             then
             himself
             ,
             whereby
             he
             may
             understand
             the
             Law
             ,
             wherewith
             he
             ought
             to
             be
             governed
             .
          
           
             But
             ,
             these
             be
             but
             words
             all
             the
             while
             ;
             and
             ,
             if
             he
             shall
             shew
             ,
             that
             words
             of
             a
             higher
             nature
             ,
             shall
             ,
             by
             the
             Judgment
             of
             an
             English
             Parliament
             ,
             be
             thought
             not
             to
             be
             Treason
             ;
             Why
             should
             he
             think
             ,
             or
             imagine
             ,
             or
             fear
             ,
             that
             their
             Lordships
             will
             make
             these
             indiscreet
             and
             idle
             Expressions
             of
             his
             ,
             reach
             so
             high
             as
             his
             Head
             ,
             and
             take
             the
             Comfort
             of
             his
             Life
             and
             Children
             from
             him
             .
          
           
             No
             Statute
             makes
             Words
             Treason
             :
             and
             ,
             if
             the
             Fundamental
             Law
             ,
             the
             Common
             Law
             of
             the
             Land
             had
             made
             them
             Treason
             ,
             surely
             the
             Parliament
             would
             never
             have
             set
             a
             Mulct
             upon
             them
             .
          
           
             This
             Statute
             is
             ,
             1
             Ed.
             6.
             cap.
             12.
             as
             followeth
             ,
          
           
             
               BE
               it
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               if
               any
               person
               or
               persons
               ,
               do
               compass
               ,
               and
               imagine
               ,
               by
               open
               Preaching
               ,
               express
               words
               ,
               or
               saying
               ,
               to
               depose
               ,
               or
               deprive
               the
               King
               ,
               His
               Heirs
               ,
               or
               Successors
               ,
               from
               His
               ,
               or
               their
               Royal
               Estate
               ,
               or
               Title
               ,
               or
               openly
               publish
               ,
               or
               say
               ,
               by
               express
               words
               ,
               or
               saying
               ,
               That
               any
               other
               person
               ,
               or
            
             
             
               persons
               other
               then
               the
               King
               ,
               His
               Heirs
               or
               Successors
               ,
               of
               right
               ought
               to
               be
               ,
            
             &c.
             
          
           
             These
             be
             words
             of
             higher
             nature
             ,
             than
             those
             charged
             upon
             himself
             ;
             and
             yet
             the
             first
             offence
             is
             made
             but
             loss
             of
             Goods
             ,
             and
             Imprisonment
             ;
             for
             the
             second
             ,
             loss
             of
             Lands
             ,
             Goods
             ,
             and
             Imprisonment
             ;
             the
             third
             time
             is
             only
             made
             Treason
             .
          
           
             He
             added
             ,
             That
             their
             Lordships
             will
             never
             think
             these
             words
             ,
             being
             flym-flam
             ,
             that
             pass
             in
             a
             negligent
             manner
             betwixt
             Man
             and
             Man
             ,
             shall
             ever
             be
             brought
             to
             be
             Treason
             .
          
           
             And
             ,
             whereas
             25
             E.
             3.
             hath
             these
             words
             ,
             
               When
               a
               Man
               doth
               Compass
               ,
               or
               Imagine
               the
               death
               of
               our
               Lord
               the
               King.
               
            
          
           
             The
             very
             words
             are
             mentioned
             in
             1
             E.
             6.
             
             
               When
               a
               man
               doth
               compass
               ,
               or
               imagine
               ,
               by
               open
               Preaching
               ,
            
             &c.
             
               to
               Depose
               the
               King.
            
             And
             the
             first
             Statute
             provides
             ,
             That
             if
             a
             Man
             shall
             compass
             the
             Death
             of
             the
             King
             ,
             and
             be
             not
             thereof
             attainted
             by
             open
             Deed
             ,
             it
             is
             not
             Treason
             .
             And
             ,
             the
             Statute
             of
             H.
             4.
             and
             1
             Mar.
             concurr
             with
             this
             ,
             and
             shew
             ,
             That
             the
             intent
             of
             these
             was
             to
             take
             away
             the
             danger
             the
             Subject
             might
             incurr
             ,
             if
             bare
             words
             should
             be
             brought
             against
             him
             as
             Treason
             .
          
           
             And
             ,
             it
             hath
             been
             the
             Wisdom
             of
             their
             Lordships
             noble
             Ancestors
             ,
             and
             this
             State
             ,
             that
             they
             have
             alwayes
             endeavoured
             to
             conclude
             the
             danger
             that
             may
             fall
             on
             the
             Subject
             by
             Treason
             ,
             that
             it
             might
             be
             limited
             and
             bounded
             ,
             and
             that
             it
             might
             be
             so
             understood
             as
             to
             be
             avoided
             ;
             and
             ,
             he
             hopes
             ,
             we
             shall
             never
             be
             so
             improvident
             ,
             as
             to
             sharpen
             this
             two-edged
             Sword
             against
             our selves
             ,
             and
             the
             faces
             of
             our
             Posterity
             ,
             and
             to
             let
             the
             Lion
             loose
             to
             tear
             us
             all
             in
             pieces
             ;
             for
             ,
             if
             way
             be
             given
             to
             Arbitrary
             Treason
             ,
             and
             to
             the
             Wits
             of
             Men
             ,
             to
             work
             upon
             it
             ,
             to
             prejudice
             or
             question
             Life
             ,
             it
             would
             be
             very
             dangerous
             .
             And
             ,
             he
             believes
             ,
             That
             in
             this
             Hall
             there
             would
             be
             Actions
             of
             Treason
             that
             would
             fly
             as
             familiarly
             up
             and
             down
             ,
             as
             Actions
             of
             Trespass
             :
             and
             therefore
             since
             by
             the
             goodness
             of
             our
             King
             ,
             and
             the
             wisdom
             of
             our
             Ancestors
             ,
             we
             have
             been
             thus
             provided
             for
             ,
             why
             we
             should
             entangle
             our selves
             into
             the
             straights
             they
             could
             not
             endure
             ,
             but
             endeavoured
             ,
             by
             all
             means
             ,
             to
             free
             themselves
             from
             the
             dangers
             that
             familiarly
             follow
             them
             ,
             he
             cannot
             see
             .
          
           
             To
             the
             First
             Part
             of
             the
             23
             d
             Article
             ,
             concerning
             the
             last
             Parliament
             ,
             the
             Gentlemen
             have
             reserved
             themselves
             till
             to
             morrow
             ,
             and
             therefore
             he
             shall
             not
             need
             to
             speak
             to
             that
             ,
             and
             so
             there
             will
             remain
             nothing
             for
             him
             to
             Answer
             ,
             but
             the
             last
             part
             of
             the
             Act
             ,
             with
             the
             next
             Charge
             ,
             concerning
             words
             spoken
             at
             the
             Council-Board
             ,
             or
             at
             the
             Committee
             for
             Scotch
             Affairs
             ,
             viz.
             
               That
               His
               Majesty
               having
               tried
               the
               Affections
               of
               His
               People
               ,
               He
               was
               loose
               and
               absolved
               from
               all
               Rules
               of
               Government
               ,
               and
               was
               to
               do
               every
               thing
               that
               Power
               would
               admit
               ;
               and
               ,
               that
               His
               Majesty
               had
               tried
               all
               wayes
               ,
               and
               was
               refused
               ,
               and
               should
               be
               acquitted
               both
               before
               God
               and
               Man
               ;
               and
               that
               he
               had
               an
               Army
               in
            
             Ireland
             ,
             
               which
               he
               might
               employ
               to
               reduce
               this
               Kingdom
               to
               Obedience
               .
            
          
           
             Concerning
             this
             particular
             ,
             he
             says
             ,
             he
             remembers
             not
             anything
             ,
             but
             what
             Mr.
             Treasurer
             is
             pleased
             to
             speak
             of
             :
             And
             ,
             whereas
             Mr.
             Treasurer
             ,
             as
             concerning
             that
             part
             ,
             said
             ,
             He
             loves
             to
             speak
             the
             truth
             ;
             my
             Lord
             of
             Strafford
             said
             ,
             He
             doubts
             not
             but
             he
             doth
             ,
             for
             that
             we
             should
             all
             do
             ,
             he
             is
             sure
             of
             it
             ;
             But
             ,
             Mr.
             Treasurer
             has
             reversed
             his
             Testimony
             ,
             in
             saying
             ,
             that
             he
             will
             not
             speak
             to
             the
             very
             words
             themselves
             ,
             but
             
             to
             these
             ,
             or
             words
             to
             the
             like
             effect
             ;
             and
             ,
             if
             he
             be
             not
             mistaken
             ,
             and
             to
             the
             best
             of
             his
             remembrance
             ,
             
               That
               ,
               His
               Majesty
               having
               tryed
               all
               wayes
               ,
               and
               being
               refused
               ,
               in
               this
               extream
               necessity
               ,
               and
               ,
               for
               the
               safety
               of
               the
               Kingdom
               ,
               and
               People
               ,
               He
               might
               do
               ,
            
             &c.
             
             
               And
               ,
               that
               Your
               Majesty
               hath
               an
               Army
               in
            
             Ireland
             ,
             
               which
               You
               may
               employ
               (
               there
               ,
            
             he
             said
             at
             first
             )
             And
             afterwards
             
               (
               which
               You
               may
               employ
               to
               this
               Kingdom
               .
               )
            
             And
             ,
             he
             saith
             ,
             he
             doth
             not
             interpret
             these
             words
             ,
             but
             gives
             the
             words
             clearly
             and
             plainly
             ,
             as
             my
             Lord
             of
             Northumberland
             hath
             declared
             ,
             and
             that
             it
             was
             soon
             after
             the
             Dissolution
             of
             the
             last
             Parliament
             ,
             to
             his
             best
             remembrance
             ,
             and
             at
             the
             Committee
             of
             8
             ;
             and
             ,
             he
             thinks
             ,
             my
             Lord
             spake
             them
             positively
             ,
             or
             something
             to
             that
             effect
             .
          
           
             Now
             ,
             whereas
             he
             calls
             in
             to
             his
             aid
             my
             Lord
             of
             Northumberland
             ,
             under
             favour
             ,
             my
             Lord
             of
             Northumberland
             declared
             no
             such
             words
             ,
             but
             absolutely
             denies
             ,
             in
             his
             Examination
             ,
             that
             he
             ever
             heard
             my
             Lord
             of
             Strafford
             mention
             the
             reducing
             of
             England
             by
             an
             Irish
             Army
             :
             It
             is
             true
             ,
             my
             Lord
             of
             Northumberland
             goes
             thus
             far
             ,
             That
             he
             hath
             heard
             him
             say
             something
             ,
             whereby
             he
             might
             conceive
             ,
             there
             was
             intended
             some
             Course
             of
             raising
             Moneys
             by
             extraordinary
             wayes
             .
          
           
             And
             ,
             that
             my
             Lord
             of
             Strafford
             confesses
             is
             very
             true
             ,
             for
             ,
             if
             it
             were
             by
             borrowing
             3
             or
             400000
             l.
             it
             is
             an
             extraordinary
             way
             ;
             the
             Kings
             Revenue
             could
             not
             serve
             these
             occasions
             ,
             there
             must
             be
             other
             wayes
             ,
             and
             Loan
             was
             one
             ,
             and
             that
             fair
             ,
             and
             honourable
             ,
             and
             just
             .
          
           
             So
             then
             ,
             as
             to
             this
             Testimony
             ,
             the
             Defendant
             offers
             to
             their
             Lordships
             ,
             that
             he
             hath
             examined
             my
             Lord
             of
             Northumberland
             ,
             and
             he
             knows
             no
             such
             thing
             ;
             He
             hath
             examined
             my
             Lord
             Marquiss
             of
             Hamilton
             ,
             and
             his
             Lordship
             is
             pleased
             to
             say
             ,
             He
             remembers
             no
             such
             thing
             at
             the
             Committee
             of
             8.
             
          
           
             He
             desired
             my
             Lord
             Treasurer
             might
             be
             Examined
             to
             the
             same
             Words
             .
          
           
             The
             L.
             Treasurer
             being
             Asked
             ,
             Whether
             ever
             he
             heard
             my
             Lord
             of
             Strafford
             
             in
             any
             private
             Council
             ,
             or
             Debate
             with
             the
             King
             ,
             tell
             him
             the
             said
             words
             ?
          
           
             He
             Answered
             ,
             That
             he
             never
             heard
             my
             Lord
             speak
             those
             words
             of
             the
             Irish
             Army
             ,
             nor
             any
             thing
             like
             it
             ;
             and
             he
             repeated
             ,
             That
             he
             never
             heard
             his
             Lordship
             speak
             it
             in
             the
             manner
             proposed
             ,
             nor
             any
             thing
             like
             it
             .
          
           
             Being
             Asked
             (
             on
             Mr.
             Maynards
             motion
             )
             Whether
             he
             ever
             heard
             my
             
             Lord
             of
             Strafford
             say
             ,
             The
             King
             was
             loose
             ,
             and
             Absolved
             from
             all
             Government
             ?
          
           
             He
             Answered
             ,
             That
             he
             desired
             time
             to
             consider
             of
             that
             .
             He
             remembers
             not
             any
             such
             thing
             ,
             but
             he
             reserves
             himself
             for
             that
             .
             
          
           
             Being
             Asked
             on
             the
             like
             motion
             ,
             Whether
             he
             heard
             my
             Lord
             of
             Strafford
             say
             any
             thing
             to
             that
             purpose
             ,
             That
             the
             Parliament
             had
             deserted
             ,
             or
             forsaken
             the
             King
             ?
          
           
           
             He
             Answered
             ,
             That
             he
             remembers
             not
             that
             he
             heard
             any
             such
             thing
             .
          
           
             Lord
             Cottington
             being
             Asked
             (
             on
             my
             Lord
             of
             Straffords
             motion
             )
             Whether
             he
             heard
             my
             Lord
             of
             Strafford
             say
             such
             words
             ,
             That
             the
             King
             had
             an
             Army
             in
             Ireland
             ,
             and
             he
             might
             employ
             them
             to
             reduce
             this
             Kingdom
             ?
          
           
             He
             Answered
             ,
             That
             he
             hath
             heard
             the
             Question
             heretofore
             ,
             and
             is
             
             very
             confident
             he
             did
             never
             hear
             him
             say
             it
             in
             his
             hearing
             ;
             and
             ,
             that
             he
             hath
             a
             great
             deal
             of
             Reason
             to
             be
             confident
             of
             it
             .
          
           
             Being
             Asked
             (
             on
             Mr.
             Maynards
             Motion
             )
             Whether
             he
             heard
             my
             Lord
             
             of
             Strafford
             say
             ,
             That
             the
             King
             was
             Absolved
             ,
             or
             Loose
             from
             all
             Rules
             of
             Government
             ,
             or
             words
             to
             that
             effect
             ?
          
           
             He
             Answered
             ,
             That
             ,
             as
             he
             takes
             it
             ,
             he
             hath
             been
             Asked
             to
             that
             Question
             
             too
             ;
             and
             ,
             he
             thinks
             ,
             he
             never
             heard
             the
             words
             ,
             for
             it
             was
             (
             as
             he
             thinks
             )
             a
             very
             absurd
             Proposition
             ,
             and
             he
             should
             not
             have
             heard
             it
             with
             patience
             .
          
           
             Being
             Asked
             ,
             on
             the
             like
             motion
             ,
             Whether
             he
             heard
             him
             say
             ,
             The
             Parliament
             had
             forsaken
             ,
             or
             denyed
             ,
             or
             deserted
             the
             King
             ,
             or
             words
             to
             that
             effect
             ?
          
           
             He
             Answered
             ,
             That
             for
             saying
             ,
             The
             Parliament
             had
             not
             provided
             for
             the
             King
             ,
             The
             Parliament
             was
             ended
             ,
             and
             had
             not
             provided
             for
             the
             King
             ;
             and
             ,
             That
             the
             Parliament
             had
             not
             provided
             ,
             or
             left
             the
             King
             without
             Money
             ;
             It
             is
             very
             probable
             he
             did
             say
             it
             ;
             and
             ,
             he
             thinks
             ,
             he
             did
             so
             ,
             for
             it
             was
             the
             truth
             .
          
           
             Being
             Asked
             ,
             Whether
             he
             said
             ,
             The
             Parliament
             had
             denyed
             the
             King
             ?
          
           
             He
             Answered
             ,
             That
             what
             his
             words
             were
             ,
             It
             is
             a
             hard
             matter
             for
             him
             to
             say
             ;
             That
             he
             said
             ,
             The
             Parliament
             had
             denyed
             ,
             or
             left
             the
             King
             ,
             he
             will
             not
             Swear
             .
          
           
             Being
             Asked
             ,
             on
             like
             motion
             ,
             Whether
             he
             perswaded
             the
             King
             that
             he
             was
             to
             be
             supplyed
             in
             extraordinary
             wayes
             ?
          
           
             He
             Answered
             ,
             That
             he
             cannot
             Swear
             that
             neither
             .
          
           
             Where
             Mr.
             Maynard
             observed
             ,
             That
             my
             Lord
             of
             Strafford
             himself
             granted
             ,
             
             and
             yet
             that
             's
             forgotten
             .
          
           
             To
             which
             my
             Lord
             
               Cottington
               Answered
            
             ,
             That
             if
             the
             Gentlemen
             would
             have
             heard
             him
             out
             ,
             he
             should
             have
             given
             good
             satisfaction
             .
             
             He
             hath
             been
             Examined
             ,
             Whether
             my
             Lord
             of
             Strafford
             used
             these
             words
             ,
             
               Extraordinary
               wayes
            
             ;
             and
             he
             cannot
             say
             he
             did
             ;
             but
             he
             hath
             heard
             him
             say
             ,
             The
             King
             ought
             to
             seek
             out
             all
             due
             and
             legal
             wayes
             ,
             and
             to
             employ
             His
             Power
             ,
             and
             Authority
             ,
             and
             Prerogative
             ,
             
               Castè
               &
               Candidè
            
             ,
             he
             remembers
             these
             words
             very
             well
             .
          
           
           
             For
             close
             of
             his
             Defence
             to
             these
             words
             ,
             That
             His
             Majesty
             had
             an
             Army
             in
             Ireland
             to
             reduce
             this
             Kingdom
             ,
             witnessed
             by
             Mr.
             Treasurer
             .
             My
             Lord
             of
             Strafford
             said
             ,
             Mens
             memories
             are
             weak
             ,
             and
             the
             best
             may
             be
             mistaken
             ,
             or
             misremember
             ,
             and
             may
             think
             one
             man
             says
             that
             which
             another
             man
             says
             ,
             or
             that
             a
             man
             says
             that
             ,
             which
             in
             truth
             he
             did
             not
             say
             ,
             as
             it
             is
             in
             this
             Case
             .
             Their
             Lordships
             have
             had
             all
             the
             light
             that
             is
             possible
             for
             him
             the
             Defendant
             to
             give
             them
             .
          
           
             My
             Lord
             of
             Northumberland
             being
             examined
             on
             oath
             ,
             sayes
             ,
             he
             remembers
             not
             the
             words
             .
             My
             Lord
             Marquis
             Hamilton
             remembers
             them
             not
             .
             My
             Lord
             Treasurer
             of
             England
             remembers
             neither
             that
             ,
             nor
             any
             thing
             like
             it
             ;
             My
             Lord
             Cottington
             remembers
             no
             such
             thing
             ,
             and
             is
             well
             assured
             ,
             he
             never
             heard
             him
             say
             any
             such
             thing
             .
             Here
             are
             all
             that
             are
             left
             of
             the
             Committee
             ,
             save
             my
             Lord
             of
             Canterbury
             ,
             and
             him
             (
             the
             Defendant
             )
             cannot
             examine
             ,
             otherwise
             he
             would
             .
          
           
             Secretary
             Windebank
             is
             a
             little
             too
             far
             off
             to
             be
             heard
             at
             this
             time
             ,
             and
             if
             their
             Lordships
             could
             ask
             him
             ,
             whether
             the
             Defendant
             ever
             spake
             the
             words
             ,
             on
             the
             faith
             of
             a
             Christian
             and
             a
             Gentleman
             ,
             he
             will
             take
             his
             oath
             ,
             he
             doth
             not
             think
             nor
             believe
             he
             ever
             spake
             them
             ,
             but
             believes
             as
             constantly
             ,
             as
             possible
             can
             be
             ,
             that
             he
             never
             spake
             them
             ;
             He
             would
             be
             loath
             to
             swear
             he
             did
             not
             ,
             it
             being
             so
             long
             since
             :
             But
             when
             his
             words
             shall
             more
             particularly
             ,
             and
             specially
             be
             remembred
             by
             another
             man
             ,
             than
             by
             himself
             ,
             he
             must
             commend
             that
             memory
             ,
             that
             observed
             what
             he
             said
             ,
             so
             perfectly
             ,
             as
             to
             be
             able
             to
             give
             a
             better
             account
             of
             them
             than
             himself
             ,
             the
             party
             that
             spake
             the
             words
             ,
             or
             any
             man
             in
             the
             company
             besides
             .
          
           
             My
             Lord
             further
             insisted
             ,
             That
             this
             concerns
             him
             very
             nearly
             ,
             for
             it
             would
             be
             a
             grievous
             charge
             that
             is
             on
             him
             by
             this
             means
             (
             though
             not
             in
             the
             intendment
             )
             of
             the
             Gentleman
             that
             urges
             it
             ,
             who
             (
             he
             hopes
             wishes
             him
             well
             )
             if
             he
             should
             be
             thought
             to
             be
             an
             overthrower
             of
             the
             Liberties
             of
             the
             Subject
             by
             a
             foreign
             Army
             .
          
           
             However
             ,
             it
             is
             a
             single
             Testimony
             ,
             and
             no
             more
             ,
             and
             that
             single
             Testimony
             (
             without
             any
             prejudice
             to
             the
             Testimony
             )
             cannot
             rise
             in
             Judgement
             against
             him
             ;
             Nay
             ,
             he
             cannot
             be
             Indicted
             nor
             Arraigned
             of
             High
             Treason
             for
             it
             ,
             by
             the
             Statutes
             of
             1
             E.
             6.
             
             Ca.
             12.
             the
             last
             Proviso
             of
             it
             ,
             in
             these
             words
             .
          
           
             
               BE
               it
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               no
               Person
               or
               Persons
               after
               the
               First
               day
               of
            
             February
             
               next
               coming
               ,
               shall
               be
               Indicted
               ,
               Arraigned
               ,
               Condemned
               ,
               or
               Convicted
               of
               any
               offence
               of
               Treason
               ,
               Petty-Treason
               ,
               or
               Misprision
               of
               Treason
               ,
               or
               any
               words
               before
               specified
               ,
               after
               the
               First
               day
               of
            
             February
             ,
             
               for
               which
               the
               said
               Offender
               or
               Speaker
               shall
               suffer
               any
               pain
               of
               Death
               ,
               Imprisonment
               ,
               Loss
               ,
               Forfeiture
               of
               Goods
               ,
               Lands
               ,
               or
               Tenements
               ,
               unless
               the
               said
               Offender
               ,
               or
               Speaker
               ,
               be
               accused
               by
               two
               sufficient
               and
               lawful
               Witnesses
               ,
               orshall
               willingly
               without
               violence
               confess
               the
               same
               .
            
          
           
             And
             if
             their
             Lordships
             will
             give
             leave
             to
             consider
             the
             first
             part
             of
             the
             words
             ,
             being
             fairly
             and
             indifferently
             interpreted
             ,
             and
             with
             the
             secret
             reservations
             ,
             men
             ought
             to
             speak
             things
             withal
             (
             for
             we
             ought
             to
             think
             just
             things
             ,
             and
             that
             men
             will
             do
             nothing
             but
             fairly
             ,
             and
             these
             are
             conditions
             implyed
             ,
             when
             we
             speak
             of
             the
             Sacred
             Majesty
             of
             Kings
             )
             let
             that
             be
             implyed
             ,
             it
             could
             not
             be
             High
             Treason
             to
             tell
             the
             King
             ,
             That
             having
             tryed
             the
             affections
             of
             his
             people
             ,
             he
             was
             loose
             and
             absolved
             from
             all
             rules
             of
             Government
             ;
             that
             is
             ,
             all
             ordinary
             rules
             ,
             and
             was
             to
             do
             every
             thing
             that
             
             Power
             would
             admit
             ;
             that
             is
             ,
             that
             Power
             would
             lawfully
             admit
             ,
             and
             that
             His
             Majesty
             had
             tryed
             all
             just
             and
             Honourable
             ways
             ,
             and
             was
             refused
             ,
             and
             should
             be
             acquitted
             both
             of
             God
             and
             men
             .
          
           
             The
             last
             words
             ,
             That
             the
             King
             had
             an
             Army
             in
             Ireland
             ,
             which
             he
             might
             imploy
             to
             reduce
             this
             Kingdom
             ,
             he
             denies
             ;
             and
             if
             the
             other
             words
             be
             fairly
             interpreted
             with
             the
             reservations
             granted
             a
             man
             in
             that
             case
             ,
             being
             spoken
             of
             so
             great
             a
             person
             as
             the
             King
             ,
             nothing
             in
             them
             can
             turn
             so
             much
             to
             the
             prejudice
             of
             the
             Speaker
             .
          
           
             But
             he
             desires
             leave
             to
             offer
             the
             Antecedents
             and
             Consequents
             of
             all
             that
             he
             said
             in
             Council
             ,
             whereupon
             this
             is
             gathered
             ;
             and
             then
             they
             find
             the
             Case
             otherwise
             stated
             ,
             than
             as
             it
             is
             strained
             in
             the
             Charges
             .
             God
             forbid
             any
             man
             should
             be
             judged
             for
             words
             taken
             by
             pieces
             ,
             here
             a
             word
             and
             there
             a
             word
             ,
             where
             the
             Antecedent
             and
             Consequents
             are
             left
             out
             ,
             for
             then
             Treason
             may
             be
             fetcht
             out
             of
             every
             word
             a
             man
             speaks
             ;
             as
             for
             example
             ,
             If
             one
             asks
             him
             whether
             he
             will
             go
             to
             such
             a
             place
             ,
             he
             tells
             him
             by
             way
             of
             Answer
             ,
             He
             will
             kill
             the
             King
             as
             soon
             ;
             the
             other
             swears
             ,
             he
             said
             ,
             he
             would
             kill
             the
             King
             ;
             it
             is
             very
             true
             indeed
             ,
             but
             if
             the
             other
             words
             be
             added
             ,
             it
             will
             then
             imply
             ,
             That
             he
             will
             be
             sure
             not
             to
             kill
             the
             King
             ,
             and
             therefore
             he
             will
             be
             sure
             not
             to
             goe
             to
             the
             place
             .
             And
             if
             the
             words
             be
             taken
             together
             ,
             he
             puts
             the
             Case
             thus
             ;
             In
             case
             of
             absolute
             necessity
             ,
             and
             upon
             a
             foreign
             Invasion
             of
             an
             enemy
             ,
             when
             the
             enemy
             is
             either
             actually
             entred
             ,
             or
             ready
             to
             enter
             ,
             and
             when
             all
             other
             ordinary
             means
             fail
             ,
             in
             this
             case
             there
             is
             a
             Trust
             left
             by
             Almighty
             God
             in
             the
             King
             ,
             to
             employ
             the
             best
             and
             uttermost
             of
             his
             means
             ,
             for
             the
             preserving
             of
             himself
             and
             his
             people
             ,
             which
             ,
             under
             favour
             ,
             he
             cannot
             take
             away
             from
             himself
             .
             And
             as
             this
             did
             precede
             these
             words
             ,
             so
             there
             were
             divers
             restrictions
             added
             to
             them
             ;
             for
             he
             says
             ,
             this
             must
             be
             done
             only
             ,
             and
             upon
             no
             other
             pretence
             whatsoever
             ,
             but
             for
             the
             preservation
             of
             the
             Common-wealth
             ,
             that
             it
             must
             be
             done
             
               Candidè
               ,
               &
               Castè
            
             ,
             That
             if
             it
             were
             done
             on
             any
             other
             pretence
             whatsoever
             ,
             than
             clearly
             and
             fairly
             ,
             for
             preserving
             the
             Common-wealth
             ,
             that
             would
             prove
             it
             to
             be
             oppressive
             and
             injurious
             ,
             which
             otherwise
             rightly
             employed
             ,
             would
             become
             a
             Pious
             and
             Christian
             King
             ;
             and
             that
             when
             the
             present
             danger
             of
             the
             Common-wealth
             was
             ,
             by
             the
             Wisdom
             ,
             and
             Courage
             ,
             and
             Power
             of
             the
             King
             prevented
             ,
             and
             the
             publique
             Weal
             secured
             ;
             In
             a
             time
             proper
             and
             fit
             ,
             the
             King
             was
             obliged
             to
             vindicate
             the
             Property
             and
             Liberty
             of
             the
             Subject
             from
             any
             ill
             prejudice
             ,
             that
             might
             fall
             from
             such
             a
             Precedent
             ;
             and
             until
             the
             Prerogative
             of
             the
             Crown
             ,
             and
             Liberty
             of
             the
             Subject
             are
             so
             bounded
             ,
             that
             they
             may
             be
             rightly
             understood
             by
             King
             and
             People
             ,
             (
             which
             cannot
             be
             without
             a
             Parliament
             )
             His
             Majesty
             and
             they
             can
             never
             look
             to
             be
             happy
             .
             Now
             if
             he
             shall
             make
             this
             appear
             to
             be
             true
             (
             as
             he
             hopes
             he
             shall
             )
             then
             he
             conceives
             he
             states
             their
             Lordships
             a
             quite
             different
             question
             ,
             from
             that
             brought
             against
             him
             in
             the
             Charge
             ,
             and
             brings
             an
             opinion
             so
             concluded
             ,
             and
             shut
             up
             with
             restrictions
             ,
             and
             with
             necessity
             ,
             and
             with
             unavoidable
             danger
             that
             were
             otherwise
             to
             fall
             on
             the
             Common-wealth
             ,
             as
             he
             trusts
             ,
             cannot
             bring
             any
             manner
             of
             ill
             consequence
             whatsoever
             publiquely
             or
             privately
             to
             any
             Creature
             .
          
           
             For
             this
             purpose
             ,
             he
             desired
             the
             favour
             to
             examine
             some
             of
             the
             Noble
             Lords
             present
             ,
             and
             that
             First
             ,
             the
             examinations
             of
             my
             Lord
             of
             Northumberland
             might
             be
             read
             ,
             and
             they
             were
             read
             accordingly
             .
          
           
             To
             the
             Third
             Interrogatory
             he
             saith
             ,
             That
             the
             Earl
             of
             Strafford
             declared
             his
             opinion
             ,
             That
             His
             Majesty
             might
             use
             his
             power
             when
             the
             Kingdom
             was
             in
             danger
             ,
             or
             unavoidable
             necessity
             ,
             or
             words
             to
             that
             effect
             .
          
           
           
             To
             the
             Fourth
             ,
             That
             the
             said
             Earl
             did
             often
             say
             ,
             That
             that
             power
             was
             to
             be
             used
             
               Candidè
               &
               Castè
            
             ,
             and
             an
             account
             thereof
             should
             be
             given
             to
             the
             Parliament
             ,
             that
             they
             might
             see
             it
             was
             only
             imployed
             to
             that
             use
             .
          
           
             To
             the
             Sixth
             ,
             That
             the
             said
             Earl
             of
             Strafford
             said
             ,
             That
             this
             Kingdom
             could
             not
             be
             happy
             ,
             but
             by
             good
             agreement
             in
             Parliament
             ,
             between
             the
             King
             and
             His
             People
             .
          
           
             My
             Lord
             of
             Strafford
             observed
             ,
             That
             this
             was
             at
             the
             very
             same
             time
             ,
             and
             let
             all
             the
             world
             judge
             ,
             whether
             he
             had
             any
             intention
             to
             subvert
             the
             fundamental
             Laws
             of
             the
             Land
             ,
             or
             no
             ?
          
           
             Next
             he
             desired
             my
             Lord
             Marquis
             of
             Hamilton
             might
             be
             examined
             to
             the
             Interrogatory
             my
             Lord
             of
             Northumberland
             was
             examined
             to
             .
          
           
             Marquis
             Hamilton
             examined
             to
             the
             said
             Interrogatory
             ,
             
               (
               viz.
            
             )
             Whether
             
             the
             said
             Earl
             of
             Strafford
             delivering
             his
             opinion
             ,
             how
             far
             the
             King
             might
             use
             a
             Power
             after
             the
             breach
             of
             the
             late
             Parliament
             ,
             did
             not
             put
             the
             Case
             when
             there
             was
             an
             unavoidable
             necessity
             ,
             upon
             actual
             Invasion
             ,
             or
             an
             Enemies
             Army
             ready
             to
             enter
             the
             Land
             ?
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             hears
             the
             Question
             ,
             and
             remembers
             the
             same
             Question
             was
             asked
             him
             formerly
             on
             his
             oath
             ,
             when
             he
             was
             Deponed
             ,
             and
             he
             then
             said
             as
             now
             ,
             he
             could
             not
             call
             to
             mind
             what
             my
             Lord
             said
             in
             that
             point
             .
          
           
             Whether
             my
             Lord
             of
             Strafford
             did
             not
             say
             ,
             That
             that
             Power
             was
             to
             be
             used
             
               Candidè
               &
               Castè
            
             ,
             and
             if
             it
             were
             used
             for
             any
             other
             purpose
             ,
             it
             would
             be
             unjust
             and
             oppressive
             ?
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             hath
             heard
             him
             use
             those
             words
             often
             to
             His
             Majesty
             ,
             and
             on
             them
             ,
             or
             immediately
             after
             ,
             he
             declared
             his
             opinion
             ,
             That
             it
             would
             never
             be
             happy
             in
             this
             Kingdom
             ,
             till
             there
             be
             a
             right
             understanding
             between
             the
             King
             and
             his
             People
             ,
             and
             that
             could
             not
             be
             ,
             but
             by
             a
             Parliament
             .
          
           
             Whether
             he
             did
             not
             say
             at
             that
             time
             ,
             That
             the
             present
             danger
             provided
             for
             ,
             and
             all
             which
             setled
             ,
             the
             King
             was
             bound
             to
             preserve
             the
             Liberty
             and
             Propriety
             of
             the
             Subject
             ,
             from
             the
             prejudice
             of
             such
             a
             precedent
             ?
          
           
             His
             Lordship
             Answered
             ,
             He
             remembers
             something
             of
             that
             ,
             but
             cannot
             positively
             say
             ,
             because
             he
             cannot
             tell
             what
             the
             precedent
             was
             .
          
           
             Being
             asked
             (
             on
             Mr.
             
             Whitlock's
             motion
             )
             what
             time
             he
             heard
             these
             words
             from
             my
             Lord
             of
             Strafford
             ,
             in
             the
             said
             Second
             Question
             ?
          
           
             He
             Answered
             ,
             professing
             that
             his
             memory
             is
             not
             good
             ,
             and
             if
             it
             fails
             not
             him
             in
             this
             ,
             he
             may
             boldly
             affirm
             ,
             he
             heard
             my
             Lord
             of
             Strafford
             speak
             the
             words
             ,
             both
             before
             ,
             and
             since
             the
             Dissolution
             of
             the
             last
             Parliament
             .
          
           
           
             Being
             asked
             (
             on
             my
             Lord
             of
             Straffords
             motion
             )
             Whether
             His
             Majesty
             was
             pleased
             to
             declare
             to
             the
             Lords
             of
             the
             Council
             ,
             That
             he
             had
             perfect
             and
             full
             intelligence
             ,
             that
             the
             Scotch
             Army
             intended
             to
             march
             into
             England
             ?
             
          
           
             He
             Answered
             ,
             he
             remembers
             very
             well
             His
             Majesty
             had
             frequent
             Advertisements
             
             of
             the
             Scots
             intentions
             to
             come
             into
             England
             ,
             he
             knows
             it
             very
             well
             ,
             and
             he
             had
             not
             done
             his
             duty
             if
             he
             had
             concealed
             it
             ,
             for
             he
             was
             one
             of
             them
             that
             told
             him
             of
             it
             .
          
           
             Lord
             Goring
             being
             examined
             to
             the
             First
             and
             Second
             Question
             ,
             proposed
             
             to
             my
             Lord
             Marquis
             .
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             remembers
             something
             to
             this
             purpose
             ,
             and
             
               Candidè
               &
               Castè
            
             makes
             him
             call
             it
             to
             mind
             ,
             but
             the
             particulars
             he
             cannot
             remember
             ;
             
               Candidè
               &
               Castè
            
             ,
             for
             using
             the
             Kings
             Power
             ,
             he
             hath
             heard
             often
             .
          
           
             
               Tho.
               German
            
             being
             examined
             to
             the
             same
             Question
             .
             
          
           
             Answered
             ,
             That
             he
             would
             be
             very
             loath
             to
             say
             anything
             that
             doth
             not
             perfectly
             occurr
             to
             his
             remembrance
             ;
             he
             remembers
             that
             divers
             times
             at
             Council-Board
             ,
             my
             Lord
             spake
             these
             words
             ,
             
               Candidè
               &
               Castè
            
             ,
             and
             he
             remembers
             them
             very
             perfectly
             ,
             but
             what
             day
             and
             time
             ,
             he
             remembers
             not
             ;
             but
             he
             remembers
             very
             perfectly
             ,
             he
             heard
             my
             Lord
             of
             Strafford
             say
             ,
             it
             must
             be
             on
             an
             urgent
             and
             unavoidable
             occasion
             ,
             that
             any
             by-course
             should
             be
             taken
             ,
             or
             put
             in
             practice
             ,
             but
             what
             day
             and
             time
             he
             cannot
             tell
             ;
             To
             the
             exact
             words
             of
             the
             Interrogation
             he
             cannot
             say
             ,
             but
             something
             to
             the
             sence
             ,
             as
             he
             (
             the
             Examinant
             )
             delivers
             them
             .
          
           
             Being
             asked
             whether
             my
             Lord
             of
             Strafford
             hath
             not
             concluded
             ,
             That
             things
             will
             not
             be
             right
             ,
             till
             there
             be
             a
             right
             understanding
             between
             the
             King
             and
             his
             People
             ,
             or
             words
             to
             that
             effect
             ?
          
           
             He
             Answered
             ,
             That
             he
             thinks
             no
             man
             hath
             the
             Honor
             to
             sit
             at
             that
             Board
             ,
             but
             will
             give
             him
             that
             Testimony
             ,
             that
             he
             hath
             often
             spoken
             ,
             That
             the
             greatest
             happiness
             that
             can
             occurr
             to
             the
             King
             and
             People
             ,
             is
             the
             happy
             agreement
             and
             understanding
             between
             them
             .
          
           
             Being
             asked
             (
             on
             Mr.
             
             Glyn's
             motion
             )
             Whether
             those
             words
             were
             used
             
             before
             the
             Dissolution
             of
             the
             Parliament
             ,
             or
             since
             ?
          
           
             He
             Answered
             ,
             To
             his
             best
             remembrance
             before
             ,
             yet
             he
             doth
             not
             deny
             but
             they
             may
             be
             said
             since
             ,
             that
             he
             must
             leave
             to
             the
             Lords
             ,
             whose
             memories
             serve
             better
             to
             distinguish
             times
             .
          
           
             The
             Lord
             Treasurer
             being
             examined
             to
             the
             First
             Question
             ,
             proposed
             to
             
             my
             Lord
             Marquis
             .
          
           
             He
             Answered
             ,
             That
             he
             doth
             not
             remember
             the
             discourse
             about
             his
             business
             .
          
           
             Being
             asked
             to
             the
             Question
             Nov.
             2.
             proposed
             to
             the
             Lord
             Marquis
             .
          
           
           
             He
             Answered
             ,
             That
             phraze
             of
             
               Candidè
               &
               Castè
            
             ,
             he
             remembers
             very
             well
             ,
             were
             used
             more
             than
             once
             ;
             but
             whether
             they
             were
             applyed
             to
             this
             particular
             ,
             he
             cannot
             speak
             :
             He
             remembers
             my
             Lord
             used
             the
             words
             in
             such
             a
             sence
             ,
             and
             the
             interpretation
             of
             them
             was
             chastly
             and
             honestly
             ,
             but
             the
             other
             part
             he
             cannot
             remember
             .
          
           
             Being
             asked
             to
             the
             Question
             ,
             Nov.
             2.
             proposed
             to
             the
             Lord
             Marquis
             ?
          
           
             He
             Answered
             ,
             That
             he
             remembers
             not
             any
             of
             it
             .
          
           
             Lord
             Cottington
             being
             examined
             to
             the
             Question
             Nov.
             1.
             proposed
             to
             the
             Lord
             Marquis
             ?
             
          
           
             He
             Answered
             ,
             That
             if
             his
             Deposition
             be
             looked
             upon
             ,
             it
             will
             be
             found
             ,
             he
             did
             say
             ,
             my
             Lord
             put
             the
             Case
             so
             ,
             and
             he
             now
             says
             it
             again
             ,
             he
             the
             Examinant
             did
             declare
             ,
             and
             understand
             that
             my
             Lord
             —
          
           
             Being
             asked
             to
             the
             Question
             Nov.
             2.
             proposed
             to
             my
             Lord
             Marquis
             ?
          
           
             He
             Answered
             ,
             That
             he
             thinks
             he
             hath
             answer'd
             this
             already
             ;
             he
             remembers
             the
             words
             
               Candidè
               &
               Castè
            
             ,
             and
             that
             the
             Power
             the
             King
             had
             for
             the
             preservation
             of
             Himself
             ,
             His
             Crown
             ,
             Posterity
             ,
             and
             People
             ,
             ought
             to
             be
             used
             
               Candidè
               &
               Castè
            
             ,
             in
             all
             fair
             and
             just
             ways
             .
          
           
             Being
             asked
             whether
             my
             Lord
             of
             Strafford
             did
             not
             say
             ,
             That
             the
             King
             was
             bound
             after
             the
             present
             danger
             provided
             for
             ,
             to
             free
             the
             Subject
             in
             Propriety
             and
             Liberty
             ,
             from
             the
             prejudice
             of
             such
             a
             precedent
             ?
          
           
             He
             Answered
             ,
             That
             he
             said
             the
             necessity
             being
             past
             ,
             and
             the
             work
             done
             ,
             the
             King
             ought
             to
             repair
             it
             ,
             and
             not
             to
             leave
             any
             precedent
             ,
             to
             the
             prejudice
             of
             His
             People
             .
          
           
             Being
             asked
             ,
             Whether
             my
             Lord
             did
             not
             say
             that
             in
             conclusion
             ,
             all
             must
             be
             setled
             by
             Parliament
             ,
             and
             till
             all
             the
             dispute
             betwixt
             the
             Prerogative
             of
             the
             Crown
             ,
             and
             Liberty
             of
             the
             Subject
             be
             determined
             ,
             neither
             King
             nor
             People
             should
             be
             happy
             ?
          
           
             He
             Answered
             ,
             That
             he
             verily
             believes
             many
             of
             their
             Lordships
             have
             often
             heard
             him
             say
             it
             ;
             He
             hath
             heard
             my
             Lord
             say
             it
             to
             the
             King
             at
             the
             Council-Table
             .
             It
             hath
             been
             always
             his
             position
             ,
             and
             to
             himself
             the
             Examinant
             ,
             he
             hath
             said
             often
             ,
             both
             before
             the
             last
             Parliament
             ,
             and
             after
             it
             was
             broken
             ;
             and
             it
             was
             an
             ordinary
             discourse
             to
             His
             Majesty
             ,
             That
             His
             Majesty
             could
             not
             be
             happy
             ,
             till
             there
             were
             an
             happy
             Union
             betwixt
             Himself
             and
             the
             Parliament
             ,
             and
             the
             Prerogative
             and
             Liberty
             of
             the
             Subjects
             were
             determined
             .
          
           
             And
             my
             Lord
             of
             Strafford
             desired
             to
             have
             so
             much
             benefit
             of
             their
             Lordships
             
             Justice
             ,
             as
             to
             have
             the
             Examinations
             of
             my
             Lord
             Keeper
             ,
             (
             which
             are
             not
             yet
             come
             in
             to
             these
             points
             )
             reserved
             .
             And
             now
             he
             said
             he
             had
             
             stated
             to
             their
             Lordships
             truly
             and
             justly
             the
             Question
             ,
             concerning
             these
             words
             that
             are
             by
             pieces
             and
             paches
             charged
             ;
             and
             which
             (
             taking
             the
             whole
             contexture
             of
             the
             Discourse
             ,
             from
             the
             beginning
             to
             the
             ending
             )
             represent
             them
             quite
             otherwise
             (
             as
             he
             conceives
             )
             than
             might
             seem
             to
             be
             enforced
             against
             him
             .
          
           
             He
             offered
             this
             further
             to
             their
             Lordships
             ,
             That
             they
             see
             plainly
             and
             clearly
             proved
             ,
             that
             at
             all
             times
             ,
             and
             frequently
             ,
             he
             hath
             presumed
             (
             by
             His
             Majesties
             favour
             and
             good
             leave
             )
             to
             express
             himself
             ,
             how
             necessary
             it
             is
             ,
             for
             the
             happiness
             of
             the
             King
             and
             People
             ,
             that
             all
             these
             matters
             of
             difference
             should
             be
             setled
             and
             bounded
             ,
             and
             that
             by
             Parliament
             :
             and
             that
             till
             they
             were
             so
             bounded
             ,
             neither
             His
             Majesty
             nor
             they
             could
             be
             happy
             :
             so
             that
             it
             was
             far
             from
             going
             against
             the
             antient
             grounds
             of
             Government
             ,
             that
             have
             been
             here
             setled
             in
             that
             singular
             Providence
             and
             Wisdom
             of
             our
             Ancestors
             ;
             and
             never
             shall
             he
             contribute
             any
             thing
             but
             to
             the
             maintainance
             and
             preservation
             of
             them
             ,
             in
             all
             honest
             and
             honourable
             ways
             and
             means
             whatsoever
             ;
             and
             if
             these
             words
             were
             spoken
             with
             that
             moderation
             and
             qualification
             ,
             that
             the
             Power
             to
             be
             used
             must
             be
             a
             lawful
             Power
             ,
             and
             the
             ways
             to
             be
             taken
             lawful
             ways
             ,
             they
             were
             no
             way
             subject
             to
             exception
             .
          
           
             Besides
             ,
             there
             is
             one
             Argument
             that
             cleers
             the
             Intendment
             and
             meaning
             of
             the
             words
             ,
             as
             he
             conceives
             ,
             a
             great
             deal
             more
             prevalently
             ,
             than
             if
             those
             words
             of
             lawful
             Power
             ,
             and
             just
             and
             honourable
             ways
             ,
             had
             been
             put
             in
             ;
             And
             that
             is
             ,
             that
             nothing
             hath
             been
             done
             by
             the
             King
             or
             the
             Council
             ,
             against
             the
             Laws
             and
             Customs
             of
             the
             Realm
             ,
             in
             pursuance
             of
             them
             ,
             where
             it
             hath
             been
             any
             breach
             on
             any
             Liberty
             or
             Propriety
             of
             the
             Subject
             ;
             What
             extraordinary
             Course
             hath
             been
             taken
             not
             warrantable
             by
             Law
             ?
             None
             that
             he
             knows
             of
             ;
             so
             that
             there
             being
             nothing
             but
             justly
             and
             fairly
             administred
             ,
             the
             very
             Deed
             done
             ,
             shews
             them
             to
             be
             spoken
             with
             that
             meaning
             ,
             and
             so
             to
             be
             interpreted
             so
             much
             the
             rather
             ,
             by
             how
             much
             doing
             well
             ,
             is
             better
             than
             saying
             well
             ;
             And
             the
             worst
             that
             can
             be
             made
             of
             them
             ,
             they
             are
             but
             words
             and
             no
             more
             ;
             and
             for
             the
             excuse
             of
             them
             ,
             their
             Lordships
             well
             remember
             what
             he
             said
             concerning
             the
             Statute
             ,
             they
             can
             never
             amount
             to
             Treason
             ,
             and
             before
             they
             shall
             be
             brought
             to
             him
             in
             a
             Criminal
             Charge
             ,
             he
             besought
             their
             Lordships
             to
             observe
             something
             he
             shall
             offer
             to
             them
             .
          
           
             These
             words
             charged
             on
             him
             ,
             were
             not
             wantonly
             ,
             or
             unnecessarily
             spoken
             ,
             or
             whispered
             in
             a
             corner
             ,
             but
             they
             were
             spoken
             in
             full
             Council
             ,
             where
             he
             was
             by
             the
             duty
             of
             his
             Oath
             obliged
             ,
             to
             speak
             according
             to
             his
             Heart
             and
             Conscience
             ,
             in
             all
             things
             concerning
             the
             Kings
             service
             ;
             so
             that
             if
             he
             had
             forborn
             to
             speak
             what
             he
             conceived
             ,
             for
             the
             benefit
             and
             advantage
             of
             the
             King
             and
             People
             (
             as
             he
             conceived
             this
             to
             be
             )
             he
             had
             been
             perjured
             towards
             God
             Almighty
             ,
             and
             now
             it
             seems
             by
             the
             speaking
             of
             them
             ,
             he
             is
             in
             danger
             to
             be
             a
             Traitor
             .
             If
             that
             necessity
             be
             put
             upon
             him
             ,
             he
             thanks
             God
             ,
             by
             his
             Blessing
             he
             hath
             learned
             not
             to
             stand
             in
             fear
             of
             him
             that
             can
             kill
             the
             Body
             ;
             but
             he
             must
             stand
             in
             fear
             of
             him
             that
             can
             cast
             Body
             and
             Soul
             into
             Eternal
             pain
             .
             And
             if
             that
             be
             the
             question
             ,
             That
             he
             must
             be
             a
             Traitor
             to
             Man
             ,
             or
             perjured
             to
             God
             ,
             he
             will
             be
             faithful
             to
             his
             Creator
             ;
             and
             whatsoever
             shall
             befall
             him
             from
             a
             popular
             
             rage
             ,
             or
             his
             own
             weakness
             ,
             he
             must
             leave
             it
             to
             God
             Almighty
             ,
             and
             to
             their
             Lordships
             Honor
             and
             Justice
             .
          
           
             Nothing
             is
             more
             common
             ,
             than
             for
             a
             Counsellor
             to
             be
             of
             one
             opinion
             when
             he
             comes
             out
             of
             his
             Chamber
             ,
             and
             to
             have
             that
             opinion
             he
             delivers
             ,
             presently
             after
             confuted
             and
             cleared
             by
             the
             Wisdom
             and
             Prudence
             of
             his
             fellow-Counsellors
             ,
             of
             better
             understanding
             than
             himself
             .
             And
             in
             this
             case
             (
             when
             opinions
             are
             thus
             delivered
             ,
             and
             when
             there
             are
             alterations
             of
             these
             opinions
             ,
             upon
             the
             very
             debate
             )
             that
             an
             opinion
             thus
             propounded
             ,
             should
             rise
             in
             judgment
             ,
             to
             convince
             a
             man
             of
             High
             Treason
             ,
             it
             is
             very
             hard
             ;
             nay
             ,
             it
             is
             to
             be
             thought
             ,
             that
             this
             was
             the
             very
             case
             in
             this
             particular
             .
             The
             opinion
             was
             ,
             according
             to
             his
             Heart
             and
             Conscience
             given
             ,
             and
             for
             any
             thing
             appears
             to
             their
             Lordships
             ,
             something
             was
             said
             at
             that
             Board
             by
             others
             ,
             wiser
             than
             himself
             ,
             that
             altered
             him
             in
             that
             opinion
             ;
             for
             there
             was
             never
             any
             thing
             moved
             by
             him
             ,
             to
             reinforce
             that
             proposition
             ,
             he
             rested
             quiet
             with
             it
             ,
             he
             offered
             it
             not
             again
             ;
             there
             was
             never
             any
             thing
             done
             in
             pursuance
             of
             that
             advice
             ,
             either
             by
             himself
             ,
             or
             any
             body
             else
             ,
             which
             shews
             he
             did
             not
             press
             it
             ,
             but
             was
             rather
             perswaded
             by
             better
             reason
             ,
             that
             it
             was
             fit
             to
             be
             let
             alone
             .
             An
             opinion
             may
             make
             an
             Heretick
             ,
             but
             he
             never
             heard
             before
             ,
             that
             Opinion
             should
             make
             a
             Traitor
             .
             And
             though
             opinions
             may
             make
             an
             Heretick
             ,
             yet
             they
             must
             be
             held
             pertinaciously
             ,
             and
             against
             the
             light
             of
             a
             mans
             own
             conscience
             ;
             here
             no
             pertinacy
             appears
             ,
             no
             contestation
             ,
             nothing
             done
             against
             the
             light
             of
             his
             Heart
             and
             Conscience
             ,
             nothing
             of
             Obstinacy
             ,
             Frowardness
             ,
             and
             Perverseness
             ;
             but
             simply
             (
             simply
             indeed
             in
             all
             respects
             )
             he
             did
             in
             the
             duty
             of
             his
             place
             ,
             deliver
             his
             opinion
             modestly
             and
             fairly
             ,
             and
             when
             he
             had
             done
             there
             ,
             he
             left
             it
             ,
             and
             persued
             it
             no
             further
             :
             so
             that
             such
             an
             Opinion
             as
             this
             ,
             would
             not
             have
             made
             an
             Heretique
             ,
             much
             less
             a
             Traitor
             .
          
           
             In
             the
             last
             place
             ,
             he
             humbly
             beseeches
             their
             Lordships
             not
             to
             make
             themselves
             so
             unhappy
             ,
             as
             to
             disable
             themselves
             and
             their
             Children
             ,
             from
             undergoing
             the
             great
             Charge
             and
             Trust
             of
             the
             Common-wealth
             .
             Their
             Lordships
             have
             it
             from
             their
             Fathers
             ,
             they
             are
             born
             to
             great
             thoughts
             ,
             and
             are
             nursed
             up
             for
             the
             great
             and
             weighty
             imployments
             of
             the
             Kingdom
             ;
             and
             God
             forbid
             that
             any
             but
             themselves
             ,
             
               Caeteris
               paribus
            
             ,
             should
             have
             this
             great
             Trust
             ,
             that
             their
             Birth
             and
             Breeding
             ,
             and
             Ranks
             procure
             for
             them
             ,
             under
             the
             Kings
             Goodness
             .
          
           
             But
             let
             this
             be
             admitted
             ,
             That
             a
             Counsellor
             delivering
             his
             opinion
             under
             an
             oath
             of
             Secresie
             and
             Faithfulness
             at
             Council-Table
             
               Candidè
               &
               Caste
            
             with
             others
             ,
             shall
             upon
             his
             mistaking
             ,
             or
             not
             knowing
             of
             the
             Law
             ,
             be
             brought
             into
             question
             ,
             and
             every
             word
             that
             passeth
             from
             him
             ,
             out
             of
             a
             sincere
             and
             noble
             intention
             ,
             shall
             be
             drawn
             against
             him
             ,
             for
             the
             attainting
             and
             convicting
             himself
             ,
             his
             Children
             ,
             and
             Posterity
             ;
             under
             favour
             ,
             after
             this
             shall
             be
             so
             ,
             he
             doth
             not
             know
             any
             wise
             and
             noble
             person
             of
             fortune
             ,
             that
             will
             upon
             such
             perilous
             and
             unsafe
             terms
             ,
             adventure
             to
             be
             a
             Counsellor
             to
             the
             King
             :
             and
             therefore
             if
             their
             Lordships
             put
             these
             hard
             strains
             ,
             and
             tortures
             upon
             those
             that
             are
             the
             Counsellors
             of
             State
             to
             His
             Majesty
             ,
             when
             they
             speak
             nothing
             but
             according
             to
             their
             Hearts
             and
             Consciences
             ,
             (
             for
             we
             that
             are
             not
             of
             the
             profession
             of
             the
             Law
             ,
             are
             not
             bound
             to
             speak
             the
             Law
             ,
             we
             can
             tell
             what
             in
             our
             Hearts
             and
             Consciences
             we
             conceive
             Honourable
             and
             Just
             ,
             but
             what
             's
             legal
             ,
             is
             another
             mans
             business
             .
             )
             This
             shall
             disable
             their
             Lordships
             from
             those
             great
             Imployments
             ,
             to
             which
             their
             Birth
             and
             Thoughts
             do
             breed
             them
             ,
             and
             make
             them
             more
             uncapable
             than
             any
             other
             inferior
             Subjects
             :
             And
             therefore
             he
             beseeches
             their
             Lordships
             to
             look
             
             on
             him
             so
             ,
             that
             his
             misfortune
             may
             not
             bring
             an
             inconvenience
             upon
             themselves
             .
             And
             so
             he
             besought
             their
             Lordships
             to
             pardon
             what
             he
             had
             said
             ,
             with
             a
             great
             deal
             of
             disorder
             ,
             and
             if
             their
             Lordships
             take
             him
             into
             consideration
             ,
             they
             will
             find
             that
             nothing
             hath
             appeared
             in
             him
             ,
             but
             what
             is
             Honest
             ,
             Just
             ,
             and
             Faithful
             to
             King
             and
             People
             ;
             though
             they
             were
             not
             so
             advised
             and
             discreet
             ,
             and
             well
             weighed
             as
             they
             ought
             to
             be
             ,
             yet
             he
             hoped
             their
             Lordships
             are
             so
             Honourable
             and
             Good
             ,
             as
             not
             to
             lay
             their
             charge
             to
             him
             as
             High
             Treason
             .
          
           
             To
             the
             24th
             Article
             ,
             he
             said
             he
             made
             no
             Answer
             ,
             there
             being
             nothing
             spoken
             to
             it
             ;
             And
             so
             he
             concluded
             his
             Defence
             to
             these
             Articles
             .
          
           
             
               
                 Mr.
                 Whitlock
              
               did
               thereunto
               Reply
               in
               substance
               as
               followeth
               .
            
             
               That
               their
               Lordships
               have
               heard
               with
               a
               great
               deal
               of
               patience
               ,
               this
               
               long
               Defence
               made
               by
               my
               Lord
               of
               Strafford
               ,
               and
               desired
               the
               like
               patience
               from
               their
               Lordships
               ,
               in
               hearing
               the
               Reply
               ,
               which
               he
               doubts
               not
               but
               they
               shall
               obtain
               ,
               and
               give
               a
               clear
               Answer
               to
               all
               my
               Lord
               of
               Strafford
               hath
               spoken
               in
               his
               own
               Defence
               ;
               and
               how
               that
               it
               comes
               not
               at
               all
               to
               excuse
               him
               in
               this
               case
               .
            
             
               My
               Lord
               is
               pleased
               to
               make
               it
               his
               suit
               ,
               that
               their
               Lordships
               will
               not
               be
               guided
               by
               enforcement
               of
               words
               against
               him
               ,
               but
               by
               the
               words
               themselves
               ;
               and
               that
               Mr.
               Whitlock
               desired
               likewise
               ,
               presuming
               that
               their
               Lordships
               will
               not
               be
               guided
               by
               my
               Lord
               of
               Straffords
               interpretation
               of
               these
               words
               to
               another
               sence
               ,
               than
               the
               words
               bear
               ,
               but
               judge
               according
               to
               the
               clear
               understanding
               ,
               and
               common
               signification
               of
               them
               ,
               further
               than
               which
               he
               will
               not
               strain
               them
               .
            
             
               Whereas
               my
               Lord
               excuses
               his
               words
               ,
               that
               the
               Demands
               by
               the
               Scotch
               in
               their
               Parliament
               ,
               were
               a
               sufficient
               ground
               of
               War
               ,
               because
               he
               gave
               no
               other
               opinion
               than
               the
               rest
               of
               the
               Council
               then
               did
               ;
               their
               Lordships
               may
               be
               pleased
               to
               observe
               ,
               That
               my
               Lord
               Traquair
               testifies
               ,
               that
               some
               of
               the
               Council
               wereof
               another
               opinion
               at
               that
               time
               ,
               and
               that
               these
               words
               were
               spoken
               before
               the
               reason
               of
               those
               Demands
               were
               given
               ;
               and
               that
               there
               was
               a
               clear
               difference
               betwixt
               my
               Lord
               of
               Straffords
               advice
               ,
               and
               the
               advice
               of
               the
               rest
               :
               It
               is
               evident
               by
               the
               opinion
               delivered
               by
               him
               long
               before
               that
               time
               in
               sentencing
               of
               Mr.
               Stuart
               in
               Ireland
               ,
               where
               ,
               after
               the
               pacification
               ,
               he
               was
               pleased
               to
               call
               the
               Scots
               Rebels
               and
               Traitors
               ,
               and
               that
               he
               would
               root
               them
               out
               Stock
               and
               Branch
               that
               took
               not
               the
               Oath
               ;
               And
               he
               said
               in
               his
               Answer
               ,
               That
               when
               he
               came
               out
               of
               Ireland
               into
               England
               ,
               he
               found
               the
               affairs
               of
               Scotland
               so
               distempered
               ,
               that
               he
               thought
               fit
               to
               reduce
               the
               Kings
               Subjects
               there
               by
               force
               .
            
             
               His
               Lordship
               says
               ,
               That
               if
               the
               Demands
               struck
               at
               the
               root
               of
               Government
               ,
               then
               it
               was
               fit
               to
               say
               ,
               they
               should
               be
               reduced
               by
               force
               ;
               But
               the
               words
               were
               spoken
               before
               the
               reasons
               of
               the
               Demands
               were
               known
               ,
               and
               before
               he
               could
               know
               how
               they
               could
               be
               warranted
               by
               the
               Laws
               of
               that
               Kingdom
               ;
               and
               it
               is
               part
               of
               the
               Charge
               of
               the
               House
               of
               Commons
               ,
               That
               he
               said
               
                 They
                 struck
                 at
                 the
                 root
                 of
                 Government
                 ,
              
               which
               it
               appears
               they
               did
               not
               ;
               for
               those
               very
               Demands
               ,
               against
               which
               my
               Lord
               of
               Strafford
               delivered
               his
               opinion
               ,
               are
               since
               enacted
               by
               the
               Parliament
               of
               Scotland
               ,
               and
               confirmed
               by
               His
               Majesties
               Royal
               Authority
               in
               the
               Treaty
               ,
               which
               is
               very
               well
               known
               to
               divers
               of
               their
               Lordships
               sitting
               here
               .
            
             
             
               My
               Lord
               sayes
               ,
               It
               was
               first
               resolved
               a
               War
               should
               be
               had
               ;
               and
               then
               ,
               for
               him
               to
               debate
               ,
               Whether
               an
               Offensive
               or
               Defensive
               War
               ,
               is
               no
               Crime
               :
               but
               ,
               that
               receives
               a
               clear
               Answer
               ;
               for
               ,
               it
               was
               his
               Resolution
               ,
               his
               Advice
               ,
               That
               there
               should
               be
               a
               War
               ,
               and
               an
               Offensive
               War
               ;
               which
               shewes
               his
               Design
               against
               the
               Kingdom
               of
               Scotland
               .
            
             
               My
               Lord
               labours
               to
               prove
               ,
               That
               the
               seising
               of
               the
               Scotch
               Ships
               was
               not
               by
               his
               Warrant
               ,
               but
               by
               Warrants
               otherwise
               procured
               .
               That
               was
               not
               insisted
               on
               in
               the
               Charge
               ,
               and
               therefore
               they
               will
               not
               insist
               upon
               it
               in
               the
               Reply
               ,
               there
               is
               enough
               besides
               .
            
             
               My
               Lord
               is
               further
               pleased
               to
               say
               ,
               That
               there
               is
               no
               substantial
               or
               concluding
               proofe
               of
               his
               intent
               ,
               that
               the
               Parliament
               should
               be
               only
               called
               ,
               to
               try
               whether
               there
               would
               be
               supply
               given
               or
               no
               ;
               and
               ,
               that
               is
               only
               deposed
               by
               my
               Lord
               Primate
               ,
               a
               single
               Testimony
               :
               But
               ,
               my
               Lord
               Primate
               concurs
               with
               others
               ,
               in
               the
               same
               sence
               and
               meaning
               .
            
             
               To
               my
               Lord
               Conwayes
               Testimony
               ,
               my
               Lord
               sayes
               ,
               That
               ,
               for
               the
               King
               to
               help
               Himself
               ,
               is
               a
               Natural
               Motion
               ,
               and
               proper
               to
               every
               one
               :
               But
               ,
               the
               other
               words
               of
               my
               Lord
               Conwayes
               Testimony
               ,
               That
               the
               King
               might
               help
               and
               supply
               Himself
               ,
               though
               it
               were
               against
               the
               will
               of
               His
               Subjects
               ,
               must
               be
               understood
               ,
               not
               of
               a
               Natural
               ,
               but
               a
               violent
               motion
               ,
               and
               it
               appears
               to
               be
               my
               Lord
               of
               Straffords
               Design
               to
               have
               it
               so
               .
            
             
               He
               comes
               to
               the
               Testimony
               of
               my
               Lord
               Treasurer
               ,
               and
               sayes
               ,
               That
               doth
               not
               at
               all
               touch
               him
               ,
               that
               he
               promised
               to
               assist
               the
               King
               in
               any
               other
               way
               ,
               in
               case
               the
               Parliament
               did
               not
               succeed
               .
            
             
               But
               ,
               this
               proves
               his
               intent
               ,
               That
               if
               the
               Parliament
               were
               dissolved
               (
               as
               he
               was
               willing
               it
               should
               ,
               as
               it
               will
               afterwards
               appear
               )
               he
               would
               assist
               the
               King
               in
               any
               other
               way
               whatsoever
               :
               He
               took
               a
               good
               Pattern
               ,
               
                 Stare
                 super
                 vias
                 antiquas
              
               ,
               and
               we
               shall
               prove
               that
               too
               ;
               but
               ,
               this
               was
               not
               
                 via
                 antiqua
              
               of
               Parliaments
               ,
               to
               propose
               Supplies
               in
               the
               first
               place
               ,
               and
               to
               put
               off
               consideration
               of
               grievances
               ,
               to
               urge
               nothing
               but
               to
               give
               to
               the
               King
               ;
               and
               ,
               before
               a
               Resolution
               ,
               whether
               they
               would
               give
               or
               not
               ,
               to
               informe
               against
               the
               Parliament
               by
               Misinformation
               .
            
             
               My
               Lord
               mentions
               the
               Declaration
               of
               the
               House
               of
               Commons
               in
               Ireland
               ,
               concerning
               the
               giving
               of
               Four
               Subsidies
               for
               the
               Kings
               supply
               of
               the
               War
               with
               Scotland
               ,
               which
               is
               in
               the
               Charge
               ,
               but
               was
               not
               insisted
               upon
               ;
               But
               ,
               by
               shewing
               this
               ,
               my
               Lord
               of
               Strafford
               hath
               procured
               that
               which
               is
               likewise
               in
               the
               Charge
               ,
               That
               the
               Parliament
               of
               Ireland
               did
               engage
               themselves
               in
               the
               War
               against
               Scotland
               ,
               and
               by
               the
               Preamble
               of
               his
               Answer
               ,
            
             
               This
               was
               in
               my
               Lord
               of
               Straffords
               Knowledge
               ,
               and
               may
               be
               easily
               proved
               to
               be
               by
               his
               Procurement
               ,
               being
               the
               Chief
               Governor
               there
               .
            
             
               He
               sayes
               ,
               That
               had
               he
               ever
               entertained
               such
               thought
               ,
               as
               the
               words
               proved
               ,
               import
               ,
               he
               should
               give
               Judgment
               against
               himself
               :
               But
               ,
               as
               no
               mans
               thoughts
               can
               be
               proved
               but
               by
               his
               words
               and
               actions
               ,
               so
               the
               words
               proved
               do
               manifest
               ,
               that
               his
               thoughts
               were
               no
               other
               ,
               and
               shew
               clearly
               his
               intention
               ,
               to
               bring
               in
               an
               Army
               on
               us
               to
               reduce
               this
               Kingdom
               .
            
             
             
               My
               Lord
               calls
               Sir
               
                 Robert
                 Kings
              
               Testimony
               a
               Report
               on
               a
               Report
               ;
               and
               ,
               sayes
               the
               like
               of
               the
               Testimony
               of
               my
               Lord
               Ranalagh
               ,
               which
               shall
               be
               answered
               ,
               when
               he
               comes
               to
               lay
               the
               whole
               matter
               together
               ,
               according
               to
               the
               course
               of
               opening
               the
               Articles
               .
            
             
               Diverse
               Witnesses
               his
               Lordship
               produces
               ,
               to
               prove
               ,
               that
               the
               8000
               Foot
               raised
               in
               Ireland
               ,
               were
               designed
               for
               Scotland
               ,
               and
               particularly
               for
               the
               Town
               of
               Aire
               ,
               which
               is
               very
               improbable
               ;
               for
               that
               Town
               (
               as
               was
               informed
               ,
               and
               will
               be
               proved
               )
               was
               ,
               at
               that
               time
               ,
               very
               well
               fortified
               ;
               and
               the
               Coasts
               thereof
               ,
               and
               the
               Haven
               so
               barred
               ,
               and
               narrow
               ,
               that
               one
               of
               my
               Lord
               of
               Straffords
               own
               Witnesses
               says
               ,
               there
               could
               be
               no
               probability
               of
               Landing
               an
               Army
               there
               :
               The
               like
               may
               be
               said
               of
               the
               Frith
               of
               Dunbarton
               ,
               that
               was
               Fortified
               long
               before
               .
               And
               ,
               if
               their
               Lordships
               repair
               to
               some
               part
               of
               my
               Lord
               of
               Straffords
               Answer
               ,
               where
               he
               sayes
               ,
               they
               were
               to
               be
               landed
               in
               some
               places
               near
               the
               Country
               of
               my
               Lord
               of
               Argile
               ,
               to
               divert
               him
               :
               These
               places
               are
               so
               far
               from
               his
               Country
               ,
               and
               such
               Armes
               of
               the
               Sea
               ,
               and
               unpassable
               Mountains
               are
               interposed
               ,
               that
               they
               could
               not
               be
               landed
               there
               with
               any
               intention
               to
               go
               to
               Argyles
               Country
               .
            
             
               But
               ,
               admit
               there
               were
               a
               primary
               intention
               of
               this
               Army
               in
               some
               part
               of
               Scotland
               ,
               the
               Witnesses
               speak
               onely
               to
               what
               was
               intended
               before
               the
               Army
               was
               raised
               ;
               But
               ,
               when
               the
               Army
               was
               on
               foot
               ,
               my
               Lord
               of
               Straffords
               intention
               might
               be
               changed
               ,
               and
               it
               seems
               it
               was
               ;
               for
               he
               laboured
               to
               perswade
               His
               Majesty
               ,
               to
               make
               use
               of
               it
               to
               reduce
               this
               Kingdom
               .
            
             
               He
               sayes
               ,
               The
               Testimony
               touching
               Sir
               
                 George
                 Wentworths
              
               words
               is
               single
               ,
               and
               spoken
               by
               his
               Brother
               ,
               and
               could
               not
               reach
               him
               ;
               but
               ,
               though
               one
               Witness
               testifies
               the
               words
               ,
               yet
               it
               may
               be
               made
               appear
               to
               their
               Lordships
               ,
               that
               presently
               after
               the
               words
               spoken
               ,
               Sir
               
                 Tho.
                 Barrington
              
               related
               them
               to
               other
               Gentlemen
               ,
               who
               are
               ready
               to
               testifie
               ,
               that
               he
               so
               related
               them
               .
            
             
               But
               ,
               their
               Lordships
               seeming
               satisfied
               in
               that
               point
               ,
               directed
               him
               to
               proceed
               .
            
             
               Next
               my
               Lord
               Discourses
               of
               my
               Lord
               of
               Bristols
               Testimony
               ,
               and
               the
               differences
               of
               opinion
               between
               them
               ,
               touching
               the
               summoning
               of
               a
               Parliament
               .
               But
               ,
               my
               Lord
               of
               Bristol
               proves
               the
               following
               words
               ,
               That
               the
               King
               was
               not
               to
               suffer
               himself
               to
               be
               mastered
               by
               the
               frowardness
               of
               His
               People
               ,
               &c.
               and
               ,
               to
               these
               ,
               no
               Answer
               is
               given
               .
            
             
               To
               which
               ,
               Mr.
               Whitlock
               said
               ,
               he
               would
               further
               answer
               in
               the
               General
               Reply
               ;
               And
               so
               for
               the
               words
               proved
               by
               my
               Lord
               of
               Newbrough
               ,
               my
               Lord
               of
               Holland
               ,
               and
               diverse
               other
               Noble
               Lords
               of
               this
               House
               .
            
             
               My
               Lord
               of
               Strafford
               was
               pleased
               to
               mention
               the
               Statute
               of
               1
               E.
               6.
               ca.
               12.
               where
               ,
               to
               compass
               by
               Preaching
               ,
               or
               saying
               ,
               to
               deprive
               the
               King
               is
               not
               for
               the
               first
               offence
               Treason
               ,
               though
               words
               of
               a
               more
               transcendent
               and
               high
               nature
               ;
               and
               hence
               he
               inferr'd
               ,
               that
               the
               words
               charged
               on
               him
               are
               not
               Treason
               .
            
             
               But
               that
               Statute
               is
               onely
               of
               Treasons
               spoken
               of
               the
               King
               ,
               but
               not
               of
               Words
               and
               Counsels
               ,
               that
               advise
               the
               thing
               to
               be
               done
               ;
               And
               ,
               there
               is
               no
               Question
               ,
               but
               at
               this
               day
               ,
               for
               any
               man
               to
               Advise
               and
               Counsel
               the
               Destruction
               of
               the
               King
               ,
               is
               High-Treason
               ,
               notwithstanding
               that
               Statute
               .
               These
               
               words
               charged
               on
               my
               Lord
               ,
               are
               a
               Declaration
               of
               his
               intention
               ,
               to
               subvert
               the
               Laws
               and
               Government
               of
               the
               Kingdom
               ,
               and
               ,
               the
               use
               made
               of
               the
               words
               ,
               is
               not
               ,
               that
               they
               are
               in
               themselves
               Treason
               ,
               but
               as
               they
               prove
               that
               intention
               .
               But
               ,
               this
               is
               the
               work
               of
               another
               time
               ,
               being
               matter
               of
               Law
               ,
               and
               therefore
               Mr.
               Whitlock
               said
               ,
               he
               would
               say
               no
               more
               to
               it
               now
               ,
               neither
               doth
               it
               require
               his
               Answer
               ,
               nor
               is
               it
               at
               all
               to
               this
               business
               .
            
             
               My
               Lord
               did
               much
               insist
               on
               it
               ,
               that
               there
               was
               no
               mention
               by
               any
               of
               the
               Lords
               that
               were
               of
               the
               Committee
               for
               the
               Scotch
               Affairs
               ,
               concerning
               the
               words
               of
               bringing
               the
               Army
               out
               of
               Ireland
               ,
               to
               reduce
               this
               Kingdom
               ,
               diverse
               of
               their
               Lordships
               being
               to
               that
               point
               examined
               :
               But
               ,
               Mr.
               Treasurer
               Swears
               in
               the
               Affirmative
               ,
               he
               heard
               the
               words
               spoken
               ;
               and
               ,
               when
               they
               come
               to
               sum
               up
               the
               rest
               of
               these
               words
               ,
               and
               applying
               them
               to
               this
               ,
               shew
               the
               dependance
               they
               have
               one
               upon
               another
               ,
               their
               Lordships
               will
               see
               plainly
               ,
               that
               must
               be
               his
               intention
               ,
               and
               that
               there
               could
               be
               no
               other
               interpretation
               of
               his
               words
               :
               It
               is
               possible
               ,
               for
               some
               that
               were
               at
               the
               Council
               ,
               not
               to
               hear
               the
               words
               ,
               and
               yet
               that
               disproves
               not
               a
               Witness
               ,
               that
               sayes
               in
               the
               Affirmative
               ,
               he
               did
               hear
               the
               words
               .
               And
               ,
               though
               some
               of
               my
               Lords
               do
               not
               remember
               some
               other
               passages
               ,
               as
               ,
               That
               His
               Majesty
               was
               loose
               ,
               and
               absolved
               from
               all
               Rules
               of
               Government
               ,
               yet
               that
               is
               proved
               by
               two
               Witnesses
               ;
               and
               ,
               though
               the
               rest
               remember
               them
               not
               ,
               yet
               that
               stands
               clearly
               proved
               .
            
             
               Other
               things
               ,
               which
               some
               of
               their
               Lordships
               did
               not
               remember
               ,
               were
               proved
               by
               three
               Witnesses
               :
               Whence
               it
               may
               be
               deduced
               ,
               that
               ,
               what
               Mr.
               Treasurer
               deposes
               is
               to
               be
               believed
               ,
               though
               some
               of
               my
               Lords
               that
               were
               present
               did
               not
               remember
               it
               .
            
             
               By
               making
               a
               sum
               and
               Collection
               of
               the
               words
               ,
               and
               comparing
               one
               with
               another
               ,
               it
               will
               appear
               very
               clear
               ,
               that
               my
               Lord
               of
               Straffords
               intention
               was
               ,
               to
               bring
               in
               that
               Army
               to
               reduce
               this
               Kingdom
               .
            
             
               And
               first
               ,
               their
               Lordships
               will
               remember
               the
               words
               that
               passed
               betwixt
               Sir
               
                 George
                 Rateliffe
              
               ,
               and
               Sir
               
                 Robert
                 King
              
               ;
               and
               ,
               the
               Relation
               between
               my
               Lord
               of
               Strafford
               and
               Sir
               
                 George
                 Ratcliffe
              
               ;
               And
               ,
               before
               my
               Lord
               of
               Strafford
               came
               out
               of
               Ireland
               ,
               he
               gave
               direction
               to
               Sir
               
                 George
                 Ratcliffe
              
               ;
               and
               afterwards
               ,
               on
               a
               Discourse
               ,
               Sir
               Robert
               saying
               ,
               how
               my
               Lord
               of
               Strafford
               ,
               and
               how
               the
               said
               Sir
               
                 George
                 Ratcliffe
              
               had
               least
               cause
               to
               desire
               a
               War
               ;
               Sir
               George
               replyed
               ,
               We
               are
               ingaged
               (
               not
               himself
               onely
               )
               but
               We
               (
               speaking
               of
               my
               Lord
               of
               Strafford
               )
               are
               ingaged
               in
               a
               War
               :
               and
               ,
               Sir
               George
               sayes
               further
               ,
               that
               the
               King
               hath
               30000
               Men
               ,
               and
               400000
               l.
               in
               his
               Purse
               ,
               and
               a
               Sword
               by
               His
               Side
               ,
               and
               if
               he
               wanted
               Money
               ,
               who
               would
               pity
               Him
               ?
               which
               cannot
               be
               intended
               but
               by
               raising
               of
               Money
               on
               the
               Subjects
               of
               England
               .
            
             
               But
               besides
               ,
               their
               Lordships
               may
               remember
               the
               expression
               of
               my
               Lord
               Ranalaugh
               ,
               and
               Sir
               
                 Robert
                 King
              
               ,
               that
               these
               Forces
               were
               intended
               to
               be
               used
               for
               raising
               Moneys
               here
               ;
               and
               ,
               that
               my
               Lord
               of
               Strafford
               offers
               to
               sell
               his
               Land
               in
               Ireland
               .
               Besides
               ,
               his
               Brother
               said
               ,
               the
               Commonwealth
               is
               sick
               of
               Peace
               ,
               and
               would
               not
               be
               well
               till
               it
               was
               Conquer'd
               again
               ,
               which
               must
               imply
               Force
               ,
               and
               an
               Army
               to
               do
               it
               .
            
             
               It
               is
               a
               Proof
               of
               my
               Lord
               of
               Straffords
               intention
               ,
               that
               a
               Parliament
               should
               be
               summon'd
               to
               give
               Supply
               ,
               and
               ,
               if
               not
               ,
               that
               then
               it
               should
               be
               Dissolved
               ,
               and
               other
               Courses
               should
               be
               taken
               ;
               My
               Lord
               Primates
               Deposition
               is
               ,
               that
               ,
               in
               case
               of
               necessity
               ,
               His
               Majesty
               might
               use
               His
               Prerogative
               ,
               might
               levy
               what
               he
               needed
               ,
               only
               first
               it
               was
               fit
               to
               try
               the
               Parliament
               ,
               and
               ,
               
               if
               that
               succeeded
               not
               ,
               then
               to
               use
               his
               Prerogative
               as
               he
               pleases
               .
            
             
               My
               Lord
               Conway
               proves
               the
               same
               Intention
               ;
               my
               Lord
               of
               Strafford
               saying
               to
               him
               ,
               That
               if
               the
               Parliament
               supplied
               not
               the
               King
               ,
               His
               Majesty
               
               would
               be
               acquitted
               before
               God
               and
               Men
               ,
               if
               he
               took
               some
               other
               course
               to
               supply
               himself
               ,
               though
               against
               the
               will
               of
               His
               Subjects
               ;
               And
               ,
               it
               cannot
               be
               intended
               to
               be
               against
               their
               will
               ,
               but
               it
               must
               be
               by
               force
               ;
               for
               ,
               if
               it
               be
               with
               their
               will
               ,
               it
               is
               voluntary
               .
            
             
               And
               Mr.
               Treasurer
               proves
               ,
               that
               my
               Lord
               would
               be
               ready
               to
               serve
               the
               King
               any
               other
               way
               ;
               that
               is
               ,
               by
               Force
               ,
               by
               Armes
               ,
               or
               any
               way
               whatsoever
               .
            
             
               Their
               Lordships
               may
               remember
               his
               words
               to
               His
               Majesty
               ,
               That
               the
               Parliament
               had
               denyed
               to
               supply
               Him
               ;
               that
               they
               had
               forsaken
               Him
               ;
               which
               was
               onely
               to
               incense
               His
               Majesty
               against
               Parliaments
               .
            
             
               He
               told
               my
               Lord
               of
               Bristol
               ,
               in
               that
               Discourse
               with
               him
               ,
               that
               His
               Majesty
               was
               not
               to
               suffer
               Himself
               to
               be
               Mastered
               with
               the
               frowardness
               and
               undutifulness
               of
               His
               People
               :
               and
               ,
               if
               His
               Majesty
               was
               not
               to
               suffer
               Himself
               to
               be
               Mastered
               by
               them
               ,
               but
               to
               Master
               them
               ,
               it
               cannot
               be
               ,
               but
               by
               strength
               of
               others
               .
            
             
               My
               Lord
               of
               Holland
               proves
               more
               fully
               (
               and
               my
               Lord
               of
               Newbrough
               concurs
               with
               him
               )
               that
               His
               Majesty
               had
               an
               Advantage
               ,
               to
               supply
               Himself
               other
               wayes
               ,
               because
               the
               Parliament
               had
               denyed
               to
               supply
               Him
               :
               And
               there
               be
               no
               other
               wayes
               (
               save
               Parliament-wayes
               )
               but
               extraordinary
               ,
               and
               illegal
               wayes
               .
            
             
               My
               Lord
               of
               Strafford
               hath
               much
               laboured
               ,
               to
               answer
               and
               qualifie
               the
               last
               words
               ,
               but
               he
               comes
               short
               of
               it
               ;
               And
               those
               words
               are
               as
               fearful
               ,
               and
               of
               as
               high
               a
               nature
               ,
               as
               can
               be
               expressed
               by
               a
               Subject
               ,
               and
               by
               a
               Counsellor
               to
               his
               Soveraign
               .
            
             
               The
               first
               part
               of
               the
               said
               last
               words
               ,
               are
               clearly
               proved
               by
               the
               Testimony
               of
               my
               Lord
               of
               Northumberland
               and
               Mr.
               Treasurer
               ,
               That
               the
               King
               had
               tryed
               His
               People
               ,
               and
               was
               Absolved
               from
               all
               Rules
               of
               Government
               :
               That
               He
               was
               to
               do
               all
               that
               Power
               would
               admit
               ,
               that
               he
               had
               tryed
               all
               wayes
               and
               was
               refused
               ,
               and
               should
               be
               acquitted
               before
               God
               and
               men
               .
            
             
               The
               latter
               part
               Mr.
               Treasurer
               onely
               reaches
               to
               ,
               that
               His
               Majesty
               had
               an
               Army
               in
               Ireland
               ,
               which
               He
               might
               imploy
               to
               reduce
               this
               Kingdom
               :
               and
               comparing
               these
               words
               with
               the
               former
               ,
               if
               the
               King
               be
               absolved
               from
               all
               Rules
               of
               Government
               ,
               Which
               way
               can
               that
               Power
               be
               used
               ,
               but
               by
               bringing
               in
               an
               Army
               ,
               the
               latter
               words
               being
               dependant
               and
               consequent
               to
               the
               former
               ?
               and
               ,
               if
               they
               be
               compared
               together
               ,
               and
               sum'd
               up
               ,
               their
               Lordships
               will
               be
               satisfied
               ,
               that
               this
               was
               the
               intention
               of
               my
               Lord
               of
               Strafford
               ,
               to
               bring
               an
               Army
               out
               of
               Ireland
               into
               this
               Kingdom
               to
               reduce
               it
               ,
               and
               that
               his
               purpose
               was
               ,
               by
               a
               strong
               hand
               ,
               to
               compel
               the
               Subjects
               of
               the
               Kingdom
               ,
               to
               submit
               to
               an
               Arbitrary
               Power
               ,
               and
               whatsoever
               should
               be
               imposed
               on
               them
               .
            
             
             
               And
               whereas
               my
               Lord
               makes
               it
               a
               great
               part
               of
               his
               excuse
               ,
               that
               nothing
               was
               executed
               ,
               upon
               this
               Counsel
               ,
               we
               must
               give
               humble
               thanks
               to
               His
               Majesty
               ,
               for
               if
               his
               Counsel
               might
               have
               taken
               place
               ,
               no
               doubt
               but
               that
               had
               been
               done
               ,
               which
               was
               laboured
               and
               advised
               to
               be
               done
               ;
               But
               a
               Gracious
               Sovereign
               would
               not
               take
               hold
               on
               those
               Counsels
               ,
               but
               rejected
               them
               ,
               as
               to
               that
               ,
               though
               so
               much
               was
               done
               on
               other
               Counsels
               ,
               and
               Misinformations
               of
               my
               Lord
               of
               Strafford
               ,
               as
               my
               Lord
               of
               Strafford
               will
               never
               be
               able
               to
               justifie
               .
            
             
               That
               nothing
               is
               done
               ,
               is
               no
               excuse
               to
               him
               ,
               It
               is
               an
               Obligation
               to
               the
               Kings
               Subjects
               ,
               the
               more
               to
               Love
               and
               Honor
               him
               ;
               But
               ,
               it
               shews
               clearly
               ,
               my
               Lord
               of
               Straffords
               intention
               ,
               if
               it
               might
               have
               taken
               place
               ,
               to
               have
               changed
               the
               Lawes
               ,
               to
               have
               brought
               an
               Army
               upon
               us
               ,
               and
               ,
               by
               them
               ,
               Compel
               us
               to
               submit
               to
               an
               Arbitrary
               Power
               .
            
             
               And
               ,
               so
               Mr.
               Whitlock
               concluded
               ,
               that
               he
               should
               trouble
               their
               Lordships
               no
               further
               at
               this
               time
               ,
               having
               answered
               most
               of
               the
               things
               my
               Lord
               of
               Strafford
               hath
               insisted
               on
               ,
               and
               if
               he
               hath
               forgotten
               them
               ,
               he
               hopes
               he
               shall
               be
               holpen
               by
               some
               of
               his
               Colleagues
               ;
               But
               ,
               he
               supposes
               ,
               it
               appeares
               clearly
               ,
               that
               my
               Lord
               of
               Straffords
               intentions
               were
               ,
               to
               subvert
               the
               Laws
               ,
               to
               set
               a
               Division
               betwixt
               the
               King
               and
               His
               People
               ;
               and
               ,
               though
               His
               Lordship
               is
               pleased
               to
               make
               something
               slight
               of
               it
               ,
               as
               not
               to
               be
               matter
               of
               Treason
               ;
               yet
               ,
               this
               compared
               with
               his
               other
               Actions
               ,
               declaring
               his
               Intention
               and
               Designs
               ,
               it
               proves
               it
               not
               onely
               to
               be
               
                 Crimen
                 laesae
                 Majestatis
              
               ,
               but
               also
               Reipublicae
               .
            
             
               Mr.
               Maynard
               seconded
               Mr.
               Whitlock
               and
               said
               ,
               That
               something
               he
               should
               
               presume
               to
               add
               ,
               My
               Lord
               of
               Strafford
               excuses
               himself
               ,
               because
               he
               was
               not
               alone
               in
               the
               Council
               against
               Scotland
               ;
               Thus
               far
               he
               was
               alone
               ,
               the
               rest
               concluded
               upon
               a
               Hipothetical
               proposition
               :
               
                 if
                 the
                 Demands
                 were
                 unreasonable
                 ,
                 then
                 a
                 War
                 was
                 fit
                 .
              
               But
               ,
               in
               two
               Propositions
               he
               was
               a
               lone
               ;
            
             
               First
               ,
               That
               before
               the
               Reasons
               were
               heard
               ,
               the
               unreasonable
               Demands
               of
               Subjects
               in
               Parliament
               ,
               were
               a
               sufficient
               ground
               for
               the
               King
               ,
               to
               put
               Himself
               into
               a
               Posture
               of
               War
               ;
            
             
               And
               Secondly
               ,
               That
               these
               Demands
               were
               not
               matter
               of
               Religion
               ,
               but
               struck
               at
               the
               Root
               of
               Government
               .
            
             
               And
               ,
               when
               he
               Answers
               that
               Point
               ,
               he
               takes
               it
               for
               granted
               ,
               That
               if
               he
               sayes
               they
               struck
               at
               the
               Root
               of
               Government
               ,
               the
               Resolution
               was
               just
               .
            
             
               In
               his
               Defence
               ,
               he
               insists
               upon
               two
               things
               ,
               matter
               of
               Excuse
               ,
               and
               matter
               of
               weakning
               of
               the
               Testimonies
               produced
               .
            
             
               For
               the
               matter
               of
               Excuse
               ,
               of
               what
               he
               said
               to
               the
               King
               in
               private
               ,
               it
               was
               testified
               onely
               by
               one
               ,
               who
               was
               then
               present
               ,
               and
               at
               other
               times
               in
               Council
               ,
               viz.
               That
               there
               would
               be
               no
               happiness
               till
               there
               was
               a
               good
               Agreement
               betwixt
               King
               and
               People
               .
            
             
               Whence
               Mr.
               Maynard
               observed
               ,
               That
               they
               think
               not
               ,
               that
               all
               he
               spake
               is
               nought
               ;
               but
               ,
               they
               produce
               Proofes
               ,
               that
               he
               did
               speak
               nought
               ;
               they
               think
               him
               not
               so
               unwise
               upon
               all
               occasions
               ,
               to
               speak
               words
               of
               so
               high
               a
               Consequence
               :
               He
               hath
               taken
               another
               course
               to
               weaken
               their
               Testimonies
               ;
               and
               ,
               nothing
               is
               so
               strong
               ,
               but
               (
               if
               that
               course
               be
               allowed
               that
               he
               uses
               )
               it
               will
               take
               off
               the
               strength
               of
               it
               .
            
             
               Mr.
               Maynard
               said
               ,
               He
               hath
               heard
               of
               breaking
               a
               thing
               to
               pieces
               ,
               by
               taking
               to
               pieces
               ,
               and
               if
               my
               Lord
               of
               Strafford
               shall
               take
               every
               parcel
               of
               the
               
               proof
               ,
               and
               say
               this
               is
               a
               single
               Testimony
               ,
               This
               is
               matter
               of
               discourse
               ;
               This
               I
               speak
               at
               my
               Table
               ;
               This
               in
               my
               Chamber
               ;
               taking
               them
               asunder
               ,
               he
               may
               answer
               them
               asunder
               :
               But
               if
               he
               hath
               in
               his
               Chamber
               ,
               and
               at
               Counsel
               ,
               and
               in
               Bed
               ,
               and
               on
               all
               occasions
               presumed
               to
               run
               so
               high
               on
               the
               Liberty
               of
               the
               Subject
               ,
               and
               then
               think
               ,
               that
               because
               he
               speaks
               sometimes
               good
               words
               ,
               all
               must
               be
               paistered
               up
               ;
               he
               must
               give
               us
               leave
               to
               differ
               from
               him
               in
               that
               .
            
             
               The
               Witnesses
               say
               he
               spake
               the
               words
               
                 Candidè
                 &
                 Castè
              
               ,
               some
               speak
               to
               the
               occasion
               ,
               most
               say
               they
               were
               spoken
               at
               several
               times
               ,
               both
               before
               and
               after
               the
               Parliament
               ,
               and
               if
               they
               must
               be
               applyed
               only
               to
               what
               is
               lawful
               ,
               what
               need
               these
               Adverbs
               to
               make
               it
               good
               ?
               Truly
               he
               may
               say
               it
               was
               done
               Cautè
               ,
               it
               was
               not
               done
               Castè
               in
               this
               Cause
               .
            
             
               For
               that
               my
               Lord
               hath
               said
               ,
               divers
               Witnesses
               were
               by
               ,
               and
               heard
               not
               the
               words
               deposed
               by
               Mr.
               Treasurer
               ,
               What
               Argument
               is
               this
               ?
               That
               when
               divers
               are
               by
               ,
               that
               which
               divers
               do
               not
               remember
               is
               not
               true
               ?
               My
               Lord
               confesses
               himself
               sometimes
               ,
               that
               Witnesses
               do
               not
               remember
               all
               things
               ,
               therefore
               it
               may
               be
               true
               ,
               that
               something
               may
               be
               spoken
               ,
               which
               Witnesses
               remember
               not
               ,
               else
               he
               confesses
               against
               himself
               which
               is
               not
               true
               .
            
             
               There
               be
               other
               things
               wherein
               the
               Witnesses
               do
               concurr
               ,
               and
               that
               my
               Lord
               speaks
               not
               to
               ,
               though
               he
               speaks
               to
               that
               which
               my
               Lord
               of
               Northumberland
               and
               the
               rest
               do
               not
               remember
               :
               and
               therefore
               it
               is
               no
               argument
               to
               say
               ,
               some
               were
               by
               and
               heard
               not
               what
               was
               spoken
               .
            
             
               The
               sum
               of
               the
               Case
               will
               come
               to
               this
               ,
               There
               was
               a
               Parliament
               sitting
               ,
               he
               a
               little
               before
               casts
               out
               words
               ,
               about
               raising
               Money
               ,
               where
               he
               must
               have
               Adverbs
               to
               make
               it
               good
               ;
               he
               must
               raise
               Money
               in
               an
               extraordinary
               way
               ,
               the
               Parliament
               is
               broken
               ,
               and
               a
               necessity
               is
               made
               ,
               and
               Soldiers
               must
               be
               brought
               in
               ,
               to
               make
               good
               these
               ways
               :
               now
               take
               these
               asunder
               ,
               and
               my
               Lord
               of
               Strafford
               will
               make
               it
               a
               good
               Action
               ;
               But
               as
               Mr.
               Maynard
               shewed
               ,
               they
               conceive
               all
               my
               Lord
               of
               Strafford
               hath
               done
               ,
               ended
               in
               that
               design
               ;
               he
               began
               it
               before
               he
               came
               over
               ;
               and
               though
               they
               believe
               His
               Majesty
               designed
               it
               for
               Scotland
               ,
               they
               speak
               not
               what
               His
               Majesty
               meant
               ,
               but
               what
               my
               Lord
               of
               Strafford
               counselled
               ,
               that
               is
               the
               thing
               he
               is
               charged
               with
               .
            
             
               And
               whereas
               his
               friends
               ,
               and
               those
               nearest
               him
               ,
               spoke
               of
               this
               Fire
               that
               hath
               burst
               out
               ,
               he
               sayes
               ,
               this
               concerns
               him
               not
               ;
               Indeed
               he
               is
               very
               unhappy
               ,
               if
               his
               Brother
               ,
               or
               bosome
               friend
               must
               be
               the
               man
               that
               must
               accuse
               him
               .
               But
               
                 Noscitur
                 ex
                 Comite
                 qui
                 non
                 cognoscitur
                 ex
                 se.
              
               It
               comes
               out
               of
               his
               own
               mouth
               ,
               and
               his
               friends
               expressions
               .
               When
               Sir
               
                 George
                 Ratcliffe
              
               is
               asked
               how
               Money
               will
               be
               had
               ?
               He
               Answered
               ,
               We
               will
               make
               peace
               with
               the
               Scots
               ,
               and
               that
               is
               the
               worst
               of
               evils
               .
               Surely
               ,
               he
               that
               thought
               a
               Peace
               betwixt
               the
               two
               Nations
               the
               worst
               of
               evils
               ,
               deserves
               not
               the
               applause
               that
               hath
               been
               given
               him
               in
               this
               place
               ;
               And
               if
               that
               comes
               to
               pass
               ,
               this
               must
               have
               relation
               to
               that
               of
               which
               he
               spake
               ,
               which
               is
               the
               levying
               of
               Money
               by
               force
               ,
               the
               King
               hath
               30000
               Men
               ,
               and
               400000
               l
               in
               his
               Purse
               ,
               and
               a
               Sword
               by
               his
               side
               ,
               and
               if
               he
               wants
               Money
               ,
               who
               would
               pity
               him
               ?
               Lastly
               ,
               My
               Lord
               of
               Strafford
               came
               to
               speak
               of
               their
               Lordships
               priviledge
               ,
               that
               if
               words
               
               spoken
               in
               Council
               should
               be
               pressed
               ,
               it
               would
               bring
               a
               disability
               on
               their
               Noble
               Lordships
               ,
               to
               enter
               into
               those
               imployments
               ;
               but
               ,
               that
               can
               be
               no
               excuse
               ,
               to
               say
               ,
               that
               he
               must
               take
               notice
               of
               things
               honourable
               ;
               and
               ,
               for
               every
               thing
               that
               a
               Man
               speaks
               at
               Council
               ,
               he
               must
               not
               be
               brought
               into
               Question
               .
            
             
               It
               is
               not
               every
               thing
               ,
               nor
               every
               thing
               that
               is
               illegal
               ,
               that
               is
               brought
               into
               Question
               ;
               But
               ,
               if
               he
               advise
               to
               bring
               an
               Army
               on
               us
               ,
               to
               Master
               all
               we
               have
               ,
               and
               he
               must
               not
               be
               questioned
               ,
               Where
               then
               are
               their
               Lordships
               Priviledges
               ?
               and
               ,
               Who
               knows
               how
               soon
               there
               may
               be
               no
               difference
               betwixt
               a
               Peer
               and
               another
               ?
            
             
               In
               all
               this
               Defence
               ,
               my
               Lord
               of
               Strafford
               hath
               not
               offered
               any
               Defence
               for
               the
               Scandal
               which
               he
               put
               upon
               the
               last
               Parliament
               ;
               which
               ,
               to
               the
               last
               breath
               ,
               to
               the
               last
               minute
               of
               their
               Continuance
               ,
               did
               advise
               and
               consult
               of
               the
               Supply
               of
               His
               Majesty
               :
               yet
               ,
               he
               calls
               this
               ,
               a
               denying
               of
               the
               King
               ;
               a
               forsaking
               of
               the
               King
               ;
               an
               undutiful
               stubborness
               ;
               and
               ,
               what
               else
               his
               high
               Speech
               and
               Eloquence
               pleases
               ,
               to
               misconstrue
               their
               Actions
               with
               .
            
             
               To
               that
               Stat.
               1
               E.
               6.
               
               Mr.
               Maynard
               said
               ,
               He
               shall
               not
               need
               to
               give
               any
               
               further
               Answer
               ;
               for
               ,
               if
               it
               be
               looked
               to
               ,
               it
               will
               appear
               nothing
               to
               concern
               this
               Case
               ,
               there
               being
               great
               difference
               between
               words
               spoken
               with
               relation
               to
               action
               ;
               For
               ,
               these
               be
               Counsels
               ,
               and
               if
               a
               Man
               shall
               Counsel
               the
               death
               of
               the
               King
               ,
               Will
               any
               Man
               doubt
               whether
               this
               be
               Treason
               ?
               surely
               no
               man
               will
               doubt
               it
               ,
               that
               knowes
               the
               Laws
               of
               England
               .
            
             
               The
               Treason
               is
               not
               in
               his
               words
               ,
               but
               in
               his
               wicked
               Counsels
               :
               For
               (
               under
               favor
               )
               if
               it
               be
               true
               that
               he
               spake
               them
               ,
               they
               may
               be
               called
               wicked
               ;
               and
               ,
               that
               it
               is
               true
               ,
               they
               have
               offered
               proof
               ,
               and
               so
               he
               left
               it
               to
               their
               Lordships
               .
            
             
               Mr.
               Glyn
               desired
               to
               add
               a
               word
               ,
               it
               concerning
               the
               Kingdom
               and
               Peers
               ;
               
               Their
               Lordships
               observe
               ,
               how
               my
               Lord
               of
               Strafford
               stands
               questioned
               for
               subverting
               of
               the
               Laws
               ,
               and
               for
               designing
               to
               introduce
               an
               Arbitrary
               Government
               ;
               the
               other
               day
               his
               design
               appeared
               ,
               in
               the
               exercising
               of
               a
               Tyrannical
               Power
               over
               the
               Persons
               ,
               Estates
               ,
               and
               Liberties
               of
               the
               Kings
               Subjects
               ;
               and
               ,
               though
               a
               design
               was
               in
               practice
               ,
               and
               something
               put
               in
               execution
               ,
               yet
               there
               was
               something
               left
               ,
               whereby
               that
               Treason
               might
               be
               raised
               to
               a
               higher
               strain
               ;
               For
               that
               proofs
               were
               produced
               the
               other
               day
               ,
               the
               exercise
               of
               this
               Tyrannical
               power
               in
               his
               person
               ,
               which
               was
               the
               stopping
               of
               the
               Streams
               of
               Justice
               ,
               but
               ,
               the
               Fountain
               of
               Justice
               was
               still
               uncorrupted
               ,
               and
               hope
               left
               ,
               and
               God
               be
               thanked
               we
               have
               hope
               still
               .
            
             
               But
               ,
               this
               dayes
               work
               is
               to
               prove
               ,
               That
               he
               ascended
               the
               Throne
               ,
               and
               ,
               by
               his
               ill
               Counsels
               ,
               the
               Venome
               he
               had
               hatcht
               in
               his
               own
               heart
               ,
               he
               endeavored
               to
               infuse
               into
               the
               Kings
               Person
               ,
               to
               make
               Him
               of
               the
               same
               opinion
               with
               himself
               ;
               and
               that
               is
               to
               endeavor
               to
               corrupt
               the
               Fountain
               ;
               But
               ,
               God
               be
               thanked
               he
               hath
               met
               with
               a
               Gracious
               King
               ,
               upon
               whom
               he
               cannot
               prevaile
               .
            
             
               The
               words
               laid
               to
               his
               Charge
               ,
               are
               very
               many
               ;
               That
               he
               should
               tell
               the
               King
               ,
               he
               was
               Absolved
               from
               all
               Rules
               of
               Government
               ,
               and
               ,
               that
               he
               had
               an
               Army
               in
               Ireland
               ,
               which
               he
               might
               employ
               to
               reduce
               this
               Kingdom
               :
               
               The
               latter
               part
               of
               the
               words
               he
               hath
               endeavoured
               to
               answer
               ,
               and
               the
               former
               part
               proved
               by
               positive
               Witnesses
               ,
               which
               he
               hath
               not
               given
               answer
               to
               .
            
             
               For
               the
               latter
               ,
               that
               concerns
               the
               Irish
               Army
               ,
               Mr.
               Glynn
               said
               ,
               He
               shall
               not
               need
               to
               put
               their
               Lordships
               in
               mind
               of
               any
               thing
               said
               ;
               but
               whereas
               my
               Lord
               sayes
               ,
               They
               are
               proved
               by
               one
               Witness
               only
               ,
               if
               your
               Lordships
               revise
               their
               Notes
               ,
               they
               shall
               find
               them
               prov'd
               by
               many
               Witnesses
               .
            
             
               When
               he
               was
               not
               accused
               by
               the
               Commons
               ,
               he
               tells
               Sir
               
                 William
                 Pennyman
              
               at
               York
               ,
               he
               did
               intend
               to
               bring
               the
               Army
               into
               England
               ,
               but
               there
               was
               
                 Vox
                 populi
              
               ,
               and
               that
               's
               a
               horrid
               Witness
               .
            
             
               My
               Lord
               Cottington
               ,
               one
               of
               the
               Honourable
               persons
               present
               ,
               when
               the
               words
               were
               spoken
               ,
               testifies
               to
               their
               Lordships
               ,
               That
               he
               remembers
               my
               Lord
               of
               Strafford
               told
               the
               King
               ,
               That
               after
               things
               were
               setled
               ,
               he
               was
               bound
               to
               repair
               the
               property
               of
               the
               Subject
               ,
               and
               this
               ,
               under
               favour
               ,
               proves
               something
               ;
               for
               if
               some
               Counsel
               and
               advice
               were
               not
               given
               ,
               that
               there
               should
               be
               an
               invasion
               on
               the
               property
               ,
               what
               should
               engage
               him
               to
               tell
               the
               King
               ,
               he
               should
               restore
               it
               ?
            
             
               Here
               my
               Lord
               Cottington
               explained
               himself
               ,
               saying
               ,
               That
               his
               meaning
               
               was
               ,
               he
               hath
               often
               heard
               my
               Lord
               say
               ,
               The
               King
               and
               People
               would
               never
               be
               happy
               ,
               till
               there
               was
               a
               good
               agreement
               .
            
             
               Mr.
               Glynn
               proeceded
               ,
               that
               if
               their
               Lordships
               please
               to
               look
               on
               my
               Lord
               of
               
               Straffords
               Interrogatory
               ,
               they
               shall
               find
               it
               asked
               his
               Lordship
               ,
               Whether
               he
               did
               not
               tell
               the
               King
               ,
               that
               he
               should
               make
               restitution
               of
               the
               Subjects
               propertie
               ,
               when
               the
               danger
               was
               over
               ;
               and
               why
               should
               his
               Conscience
               aske
               such
               a
               question
               ,
               unless
               there
               were
               Counsel
               given
               ,
               to
               invade
               the
               propriety
               of
               the
               Subject
               ?
            
             
               Your
               Lordships
               remember
               the
               words
               of
               Sir
               
                 George
                 Wentworth
              
               ,
               (
               which
               Mr.
               Glynn
               said
               he
               will
               not
               repeat
               )
               and
               when
               my
               Lord
               was
               fixed
               by
               the
               words
               of
               his
               Brother
               ,
               he
               said
               ,
               That
               tho
               he
               be
               my
               Brother
               ,
               I
               do
               not
               use
               to
               communicate
               my
               Counsels
               to
               him
               ,
               and
               that
               I
               am
               on
               my
               oath
               to
               conceal
               ;
               yet
               this
               great
               Counsel
               he
               did
               impart
               to
               Mr.
               Slingsby
               for
               his
               own
               purpose
               ,
               and
               to
               Sir
               
                 William
                 Pennyman
              
               .
            
             
               And
               so
               having
               spoken
               to
               the
               latter
               part
               of
               the
               words
               ,
               (
               the
               reducing
               of
               the
               Subjects
               of
               England
               by
               the
               Irish
               Army
               )
               to
               shew
               that
               it
               stands
               not
               only
               on
               a
               single
               proof
               ,
               but
               if
               the
               whole
               be
               recollected
               together
               ,
               there
               be
               many
               things
               concurring
               to
               the
               positive
               proof
               thereof
               .
            
             
               Mr.
               Glynn
               put
               their
               Lordships
               in
               mind
               of
               the
               other
               words
               ,
               to
               which
               two
               great
               Witnesses
               concurr
               ,
               and
               no
               Answer
               at
               all
               is
               given
               ,
               viz.
               That
               the
               Parliament
               denyed
               Supply
               ,
               and
               the
               King
               is
               loose
               ,
               and
               absolved
               from
               all
               rules
               of
               Government
               ;
               put
               the
               other
               words
               out
               of
               doors
               (
               as
               they
               are
               not
               )
               if
               the
               King
               be
               loose
               from
               all
               rules
               of
               Government
               ,
               is
               he
               not
               loose
               to
               doe
               what
               he
               will
               ?
            
             
               And
               Mr.
               Glynn
               added
               ,
               That
               he
               must
               needs
               give
               Answer
               to
               something
               ,
               that
               fell
               from
               my
               Lord
               ,
               concerning
               other
               words
               ,
               that
               they
               were
               words
               of
               Discourse
               ,
               and
               what
               he
               speaks
               at
               his
               Bed
               ,
               or
               his
               Table
               ,
               or
               in
               private
               Discourse
               ,
               he
               thinks
               they
               should
               not
               be
               brought
               against
               him
               .
               But
               Mr.
               Glynn
               besought
               their
               Lordships
               to
               remember
               ,
               that
               if
               my
               Lord
               speaks
               the
               words
               as
               a
               Privy
               Counsellor
               speaking
               to
               the
               King
               ,
               concerning
               the
               Subjects
               property
               ,
               
               compare
               these
               words
               with
               the
               other
               Extermination
               ,
               and
               then
               see
               what
               the
               Case
               is
               .
            
             
               The
               last
               thing
               in
               his
               Defence
               ,
               is
               as
               high
               as
               the
               Charge
               it self
               .
               He
               is
               charged
               ,
               That
               being
               a
               Privy
               Counsellor
               ,
               and
               entrusted
               by
               the
               King
               ,
               and
               a
               man
               of
               such
               Eminence
               ,
               he
               should
               indeavour
               to
               infuse
               into
               the
               Kings
               Sacred
               Person
               ,
               such
               dangerous
               Counsels
               ,
               tending
               to
               the
               destruction
               of
               the
               Law
               and
               Government
               ,
               and
               consequently
               of
               King
               and
               Subject
               ;
               And
               in
               the
               close
               ,
               my
               Lord
               of
               Strafford
               put
               their
               Lordships
               in
               mind
               ,
               what
               a
               dangerous
               thing
               it
               is
               for
               one
               of
               the
               Kings
               Counsel
               ,
               to
               be
               charged
               for
               Words
               spoken
               at
               Council-Table
               ,
               to
               speak
               this
               in
               such
               a
               Presence
               before
               the
               Peers
               ,
               and
               Commons
               of
               the
               Realm
               ;
               that
               a
               Privy
               Counsellor
               ,
               who
               ought
               to
               be
               clear
               and
               candid
               ,
               is
               not
               to
               be
               questioned
               ,
               though
               he
               infuse
               dangerous
               Counsels
               .
               That
               it
               is
               justification
               of
               his
               own
               Act
               ,
               and
               so
               great
               ,
               that
               he
               knows
               not
               how
               my
               Lord
               could
               say
               greater
               ;
               and
               so
               he
               said
               ,
               he
               hath
               no
               more
               to
               say
               ,
               their
               Lordships
               had
               heard
               the
               Proofs
               and
               Defence
               ,
               and
               comparing
               them
               together
               ,
               he
               doubts
               not
               but
               their
               Lordships
               are
               satisfied
               ,
               that
               the
               Commons
               had
               just
               cause
               to
               do
               what
               they
               have
               done
               .
            
             
               My
               L
               of
               Strafford
               desired
               to
               answer
               one
               thing
               ,
               the
               Gentleman
               that
               spake
               last
               ,
               said
               ,
               touching
               his
               revealing
               the
               Kings
               Counsels
               to
               Mr.
               Slingsby
               and
               others
               ;
               he
               would
               be
               loth
               to
               be
               charged
               with
               breaking
               his
               Duty
               to
               God
               and
               the
               King
               ,
               but
               where
               he
               hath
               Power
               and
               Liberty
               ;
               for
               as
               concerning
               the
               imployment
               of
               that
               Army
               ,
               the
               King
               left
               it
               wholly
               to
               him
               ,
               to
               acquaint
               whom
               he
               thought
               fit
               ,
               for
               the
               bettering
               of
               the
               service
               .
            
             
               But
               the
               thing
               that
               makes
               him
               rise
               ,
               is
               ,
               to
               represent
               to
               their
               Lordships
               ,
               that
               he
               hath
               been
               there
               constantly
               in
               a
               great
               deal
               of
               weakness
               and
               infirmity
               ,
               since
               7
               or
               8
               of
               the
               clock
               ,
               and
               now
               it
               is
               5.
               
               That
               his
               Speech
               and
               Voice
               are
               spent
               ,
               and
               it
               is
               not
               possible
               for
               him
               to
               come
               here
               to
               morrow
               ;
               and
               therefore
               he
               most
               humbly
               besought
               their
               Lordships
               ,
               to
               give
               him
               the
               respit
               of
               a
               day
               ,
               to
               restore
               his
               litle
               strength
               it
               shall
               please
               God
               to
               lend
               him
               ,
               for
               he
               is
               not
               able
               to
               speak
               or
               stand
               .
               Which
               the
               Committee
               for
               the
               Commons
               House
               said
               ,
               they
               should
               not
               oppose
               ,
               if
               it
               stand
               with
               their
               Lordships
               pleasure
               .
            
             
               Mr.
               Pym
               did
               only
               add
               this
               ,
               That
               if
               their
               Lordships
               please
               to
               observe
               
               my
               Lord
               of
               Straffords
               endeavours
               to
               prove
               divers
               mitigations
               of
               his
               words
               ,
               some
               by
               Mr.
               Comptroller
               ,
               and
               some
               others
               by
               my
               Lord
               Goring
               ,
               But
               their
               Lordships
               may
               observe
               ,
               that
               the
               words
               in
               the
               Charge
               were
               spoken
               at
               the
               Committee
               ;
               the
               words
               spoken
               of
               by
               Mr.
               Comptroller
               ,
               were
               at
               the
               Council-Table
               ,
               and
               therefore
               they
               are
               not
               the
               same
               ,
               nor
               serve
               they
               for
               extenuation
               of
               words
               spoken
               at
               another
               time
               .
            
             
               
                 And
                 so
                 the
                 House
                 was
                 Adjourned
                 ,
                 and
                 appointed
                 to
                 meet
                 again
                 on
                 Wednesday
                 next
                 .
              
            
          
        
         
           
           
           
             THE
             Five
             and
             Twentieth
             Article
             .
             
               The
               Charge
            
             .
          
           
             25
             
               THat
               not
               long
               after
               the
               Dissolution
               of
               the
               said
               last
               Parliament
               ,
            
             
             (
             viz.
             
               in
               the
               months
               of
            
             May
             and
             June
             )
             
               he
               the
               Earl
               of
            
             Strafford
             ,
             
               did
               advise
               the
               King
               to
               go
               on
               vigorously
               in
               levying
               the
               Ship-Money
               ,
               and
               did
               procure
               the
               Sheriffs
               of
               several
               Counties
               to
               be
               sent
               for
               ,
               for
               not
               levying
               the
               Ship-Money
               ,
               divers
               of
               which
               were
               threatened
               by
               him
               ,
               to
               be
               sued
               in
               the
            
             Star-Chamber
             ,
             
               and
               afterwards
               by
               his
               Advice
               ,
               they
               were
               sued
               in
               the
            
             Star-Chamber
             ,
             
               for
               not
               levying
               the
               same
               ,
               and
               divers
               of
               His
               Majesties
               loving
               Subjects
               were
               sent
               for
               and
               imprisoned
               by
               his
               advice
               ,
               for
               that
               and
               other
               illegal
               payments
               .
            
          
           
             
               And
               a
               great
               Loan
               of
               One
               hundred
               thousand
               pounds
               was
               demanded
               of
               the
               City
               of
            
             London
             ,
             
               and
               the
               Lord
               Mayor
               ,
               and
               Sheriffs
               ,
               and
               Aldermen
               of
               the
               said
               City
               ,
               were
               often
               sent
               for
               by
               his
               Advice
               to
               the
               Council-Table
               ,
               to
               give
               an
               account
               of
               their
               proceedings
               in
               raising
               of
               Ship-Money
               ,
               and
               furthering
               of
               that
               Loan
               ,
               and
               were
               required
               to
               certify
               the
               Names
               of
               such
               Inhabitants
               of
               the
               City
               ,
               as
               were
               fit
               to
               lend
               ,
               which
               they
               with
               much
               humility
               refusing
               to
               doe
               ,
               he
               the
               said
               Earl
               of
            
             Strafford
             
               did
               use
               these
               ,
               and
               the
               like
               speeches
               ,
            
             viz.
             That
             they
             deserved
             to
             be
             put
             to
             Fine
             and
             Ransome
             ,
             and
             that
             no
             good
             would
             be
             done
             with
             them
             ,
             till
             an
             example
             were
             made
             of
             them
             ,
             and
             that
             they
             were
             laid
             by
             the
             heels
             ,
             and
             some
             of
             the
             Aldermen
             hanged
             up
             .
          
        
         
           
           
             April
             7.
             1641.
             
          
           
             Mr.
             Maynard
             
               proceeded
               to
               make
               good
               the
               Charge
               of
               the
            
             Commons
             of
             England
             ,
             
               against
               the
               Earl
               of
            
             Strafford
             ,
             touching
             
             
               High
               Treason
               ,
               and
               said
               ,
               They
               had
               already
               brought
               it
               so
               high
               ,
               as
               they
               must
               needs
               acknowledge
               they
               cannot
               goe
               higher
               ;
               a
               Design
               being
               laid
               to
               introduce
               an
               Arbitrary
               Government
               ,
               and
               Counsels
               given
               to
               maintain
               that
               ,
               and
               to
               introduce
               it
               by
               force
               .
               They
               can
               goe
               no
               higher
               ,
               unless
               those
               Counsels
               had
               unhappily
               succeeded
               ;
               but
               though
               those
               Counsels
               take
               not
               effect
               ,
               yet
               the
               Principles
               whereby
               those
               Counsels
               were
               given
               ,
               appear
               still
               to
               have
               remained
               .
            
          
           
             AND
             whereas
             my
             Lord
             of
             Strafford
             having
             these
             things
             proved
             against
             him
             by
             his
             Speeches
             ,
             Opinions
             ,
             and
             Counsels
             ,
             pretends
             there
             was
             no
             such
             thing
             done
             ,
             as
             if
             the
             goodness
             of
             others
             ,
             would
             excuse
             the
             badness
             of
             his
             Counsels
             ;
             they
             shall
             shew
             what
             he
             did
             do
             in
             the
             succeeding
             Articles
             :
             And
             in
             the
             25
             th
             he
             proceeds
             ,
             First
             ,
             to
             advise
             His
             Majesty
             to
             go
             on
             vigorously
             with
             the
             Ship-Money
             ,
             he
             procured
             the
             Sheriffs
             to
             be
             sent
             for
             ,
             and
             sued
             in
             the
             Star-Chamber
             ;
             he
             sent
             for
             the
             Mayor
             and
             Aldermen
             ,
             about
             the
             loan
             of
             100000
             l.
             and
             the
             furtherance
             of
             Ship-money
             ;
             and
             were
             told
             by
             him
             ,
             That
             they
             deserved
             to
             be
             put
             to
             Fine
             and
             Ransome
             ,
             &c.
             
          
           
             To
             prove
             the
             25
             th
             Article
             .
          
           
             The
             Lord
             Treasurer
             of
             England
             being
             Interrogated
             ,
             What
             Advice
             my
             
             Lord
             of
             Strafford
             gave
             ,
             touching
             the
             levying
             of
             Ship-Money
             ?
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             remembers
             my
             Lord
             of
             Strafford
             did
             advise
             ,
             that
             they
             should
             go
             vigorously
             and
             effectually
             on
             with
             the
             getting
             of
             Ship-Money
             ;
             he
             takes
             the
             time
             to
             be
             ,
             when
             as
             the
             Ship-Money
             came
             in
             very
             slowly
             ,
             and
             they
             were
             enforced
             to
             take
             out
             of
             these
             Moneys
             that
             were
             provided
             ,
             for
             the
             furnishing
             of
             the
             Army
             ,
             divers
             great
             sums
             to
             set
             out
             a
             Fleet
             ,
             which
             else
             would
             have
             staied
             still
             ;
             and
             my
             Lord
             of
             Strafford
             took
             no
             tice
             ,
             That
             if
             it
             were
             not
             repaied
             ,
             the
             Army
             would
             be
             destitute
             and
             unfurnished
             ,
             and
             therefore
             advised
             as
             formerly
             ,
             That
             the
             Ship-Money
             might
             go
             on
             vigorously
             ,
             and
             the
             other
             Money
             be
             repaid
             again
             ,
             for
             the
             use
             for
             which
             it
             was
             appointed
             ,
             and
             it
             was
             after
             the
             breach
             of
             the
             last
             Parliament
             .
          
           
             
               Tho.
               Wiseman
            
             Sworn
             and
             Interrogated
             ,
             what
             he
             heard
             my
             Lord
             of
             Strafford
             
             say
             ,
             when
             the
             Aldermen
             of
             London
             were
             called
             to
             the
             Council-Table
             about
             the
             Ship-Money
             ,
             and
             the
             Loan
             ,
             and
             when
             it
             was
             ?
          
           
           
             He
             Answered
             ,
             That
             for
             the
             time
             he
             cannot
             very
             well
             remember
             ,
             and
             touching
             the
             Loan
             ,
             he
             is
             able
             to
             say
             little
             ;
             But
             about
             the
             Ship-Money
             ,
             he
             doth
             well
             Remember
             ,
             that
             my
             Lord
             should
             say
             ,
             they
             
             would
             never
             do
             their
             Duties
             well
             ,
             till
             they
             were
             put
             to
             Fine
             and
             Ransome
             ,
             meaning
             the
             Aldermen
             ,
             that
             were
             then
             called
             before
             their
             Lordships
             ,
             and
             this
             is
             as
             much
             as
             he
             can
             say
             .
          
           
             Being
             asked
             whether
             there
             were
             not
             words
             
               of
               laying
               by
               the
               heels
            
             ,
             and
             what
             the
             words
             were
             ?
          
           
             He
             Answered
             ,
             He
             should
             not
             fear
             to
             do
             it
             ,
             My
             Lord
             of
             Strafford
             did
             say
             (
             Whether
             on
             the
             Loan
             or
             Ship-Money
             ,
             he
             is
             not
             able
             to
             remember
             )
             You
             should
             doe
             well
             to
             be
             layed
             by
             the
             heels
             ;
             you
             shall
             have
             no
             good
             of
             this
             man
             till
             he
             be
             laid
             by
             the
             heels
             ,
             and
             he
             (
             the
             Examinant
             )
             supposes
             it
             was
             meant
             of
             my
             Lord
             Mayor
             ,
             who
             was
             then
             present
             ,
             (
             as
             he
             remembers
             )
             and
             my
             Lord
             was
             there
             ,
             and
             to
             his
             best
             remembrance
             ,
             His
             Majesty
             was
             present
             .
          
           
             Earl
             of
             Barkshire
             being
             Sworn
             and
             Interrogated
             ,
             What
             my
             Lord
             of
             Strafford
             counselled
             the
             King
             ,
             touching
             the
             said
             matter
             of
             Loan
             ?
          
           
             His
             Lordship
             Answered
             ,
             That
             he
             remembers
             His
             Majesty
             desired
             to
             borrow
             a
             sum
             of
             Money
             ,
             and
             to
             give
             good
             security
             for
             it
             ,
             and
             Interest
             
             after
             8
             
               per
               cent
            
             .
             on
             the
             sum
             .
             That
             the
             Aldermen
             were
             sent
             for
             ,
             and
             commanded
             to
             give
             in
             to
             the
             King
             ,
             the
             Names
             of
             those
             Men
             ,
             that
             were
             most
             able
             within
             their
             several
             Wards
             ,
             which
             they
             excusing
             themselves
             from
             doing
             ;
             my
             Lord
             of
             Strafford
             said
             :
             Gentlemen
             ,
             in
             my
             opinion
             ,
             you
             may
             be
             lyable
             to
             Fine
             and
             Ransome
             ,
             for
             refusing
             the
             Kings
             Command
             on
             this
             occasion
             ,
             for
             not
             certifying
             the
             Names
             ;
             and
             this
             is
             the
             effect
             of
             what
             he
             spake
             .
          
           
             Sir
             
               Henry
               Garaway
            
             being
             Sworn
             ,
             and
             Interrogated
             ,
             What
             my
             Lord
             of
             Strafford
             said
             to
             the
             Aldermen
             ,
             about
             the
             Ship-Money
             and
             Loan-Money
             ?
          
           
             He
             Answered
             ,
             That
             as
             he
             was
             Mayor
             of
             London
             in
             the
             last
             year
             ,
             he
             was
             oftentimes
             commanded
             to
             attend
             the
             Council-Table
             ,
             with
             
             the
             Sheriffs
             of
             London
             ;
             when
             they
             came
             about
             the
             Ship-Money
             ,
             there
             came
             no
             body
             (
             as
             he
             conceives
             )
             but
             they
             and
             himself
             ;
             but
             when
             they
             came
             concerning
             the
             Loan
             ,
             the
             whole
             Court
             of
             Aldermen
             came
             together
             .
             Concerning
             the
             Ship-Money
             ,
             he
             confesses
             he
             found
             a
             great
             difficulty
             of
             it
             ;
             he
             could
             not
             tell
             which
             way
             to
             turn
             himself
             to
             levy
             the
             Money
             ,
             to
             give
             the
             King
             satisfaction
             ;
             He
             acquainted
             His
             Majesty
             ,
             That
             there
             were
             these
             difficulties
             in
             it
             ,
             That
             of
             two
             years
             proceeding
             ,
             not
             one
             halfe
             of
             the
             City
             of
             London
             had
             paid
             ,
             and
             therefore
             the
             
               willing
               men
               that
               had
               paid
               the
               Money
               ,
            
             thought
             it
             unequal
             some
             should
             pay
             ,
             and
             some
             go
             free
             .
             And
             Secondly
             ,
             he
             said
             it
             was
             the
             opinion
             of
             the
             City
             of
             London
             ,
             That
             a
             Writ
             for
             Ship-Money
             ,
             and
             a
             Writ
             for
             a
             Parliament
             did
             not
             agree
             well
             together
             ,
             and
             for
             these
             reasons
             he
             found
             it
             very
             difficult
             :
             they
             were
             called
             up
             ,
             and
             hastened
             both
             in
             the
             Assessment
             of
             Collection
             ,
             and
             in
             respect
             they
             found
             every
             
             man
             adverse
             to
             it
             ;
             the
             business
             had
             not
             that
             progress
             ,
             nor
             speedy
             execution
             it
             might
             otherwise
             have
             had
             ,
             and
             as
             it
             had
             in
             former
             times
             .
             And
             when
             he
             had
             told
             His
             Majesty
             this
             ,
             it
             was
             ill
             taken
             ,
             that
             he
             should
             deal
             so
             plainly
             ,
             because
             he
             did
             discover
             himself
             clearly
             and
             freely
             ,
             what
             was
             the
             fruit
             of
             the
             business
             And
             it
             pleased
             my
             Lord
             of
             Strafford
             ,
             then
             in
             the
             presence
             of
             the
             King
             ,
             to
             speak
             ,
             
               Sir
               ,
               you
               will
               never
               do
               good
               on
               this
               man
               ,
               till
               you
               have
               made
               him
               an
               example
               ,
               he
               is
               too
               Diffident
            
             (
             or
             to
             this
             purpose
             )
             
               unless
               you
               commit
               him
               ,
               you
               shall
               do
               no
               good
               upon
               him
            
             ;
             This
             concerning
             the
             Ship-Money
             .
             Concerning
             the
             Loan-Money
             ,
             when
             they
             came
             with
             the
             Aldermen
             together
             ,
             he
             (
             the
             Examinant
             )
             desired
             he
             might
             be
             call'd
             in
             singly
             ,
             because
             he
             was
             very
             loath
             (
             knowing
             the
             humour
             of
             the
             Court
             of
             Aldermen
             ,
             how
             they
             stood
             affected
             )
             that
             they
             should
             give
             the
             King
             a
             negative
             Answer
             at
             the
             Board
             ,
             and
             it
             pleased
             His
             Majesty
             to
             call
             him
             (
             the
             Examinant
             )
             in
             singly
             ,
             and
             he
             told
             His
             Majesty
             in
             his
             hearing
             at
             that
             time
             ,
             That
             there
             was
             no
             good
             to
             be
             done
             ,
             for
             amongst
             all
             the
             Aldermen
             ,
             he
             could
             not
             yet
             consent
             to
             raise
             above
             6
             or
             7000
             pound
             at
             the
             most
             .
             And
             then
             they
             were
             to
             bring
             in
             out
             of
             every
             of
             the
             several
             Wards
             ,
             the
             Names
             of
             all
             the
             able
             men
             of
             the
             City
             of
             London
             ,
             that
             could
             lend
             Money
             ;
             wherein
             it
             was
             required
             they
             should
             set
             it
             down
             ,
             what
             every
             man
             was
             fit
             to
             lend
             .
             This
             they
             altogether
             declined
             ,
             for
             we
             thought
             it
             not
             fit
             we
             should
             rate
             mens
             purses
             ,
             and
             he
             (
             the
             Examinant
             himself
             )
             presented
             the
             Size-Cinque
             ,
             the
             Quater-tres
             men
             ,
             and
             the
             Deux-ace
             men
             ,
             according
             to
             their
             qualities
             ,
             but
             set
             a
             rate
             on
             men
             we
             did
             not
             ,
             and
             desired
             His
             Majesty
             we
             might
             be
             spared
             .
             Hereupon
             my
             Lord
             of
             Strafford
             at
             that
             time
             ,
             burst
             out
             into
             these
             words
             ,
             Sir
             ,
             
               You
               will
               never
               do
               good
               to
               these
               Citizens
               of
            
             London
             ,
             
               till
               you
               have
               made
               examples
               of
               some
               of
               the
               Aldermen
            
             ;
             This
             to
             his
             best
             remembrance
             he
             said
             ,
             
               Unless
               you
               hang
               up
               some
               of
               them
               ,
               you
               will
               doe
               no
               good
               upon
               them
               .
            
             This
             is
             the
             substance
             of
             what
             he
             heard
             .
          
           
             Being
             asked
             whether
             this
             was
             immediately
             after
             the
             breach
             of
             the
             Parliament
             ?
          
           
             He
             Answered
             ,
             That
             he
             cannot
             confine
             himself
             in
             time
             ;
             he
             desired
             to
             be
             spared
             in
             that
             ,
             but
             he
             was
             several
             times
             at
             the
             Council-Table
             ;
             but
             it
             was
             after
             the
             breaking
             of
             the
             Parliament
             .
          
           
             My
             Lord
             of
             Strafford
             observing
             ,
             that
             Alderman
             Garaway
             spake
             it
             only
             
             to
             his
             best
             remembrance
             ,
             he
             was
             Interrogated
             ,
             Whether
             he
             could
             speak
             it
             positively
             ?
          
           
             He
             Answered
             ,
             That
             it
             is
             a
             great
             while
             ago
             ,
             and
             he
             did
             hear
             the
             words
             ,
             
             that
             's
             certain
             .
          
           
             Being
             asked
             by
             my
             Lord
             of
             Strafford
             ,
             whether
             he
             himself
             spake
             them
             ?
          
           
             He
             Answered
             ,
             Yes
             my
             Lord
             ,
             your
             Lordship
             did
             speak
             them
             .
          
           
             My
             Lord
             desiring
             leave
             to
             recollect
             himself
             a
             little
             ,
             said
             ,
             he
             will
             speak
             with
             as
             much
             truth
             ,
             albeit
             ,
             not
             with
             so
             much
             confidence
             as
             this
             Gentleman
             .
          
           
           
             And
             after
             a
             little
             respite
             ,
             he
             began
             his
             Defence
             as
             followeth
             .
          
           
             The
             Defendant
             must
             still
             insist
             on
             this
             ground
             ,
             which
             hitherto
             he
             hath
             
             gone
             upon
             ,
             under
             their
             Lordships
             good
             leave
             ;
          
           
             That
             there
             is
             nothing
             in
             this
             Article
             ,
             that
             can
             possibly
             convince
             him
             of
             High-Treason
             ,
             admit
             it
             all
             proved
             ,
             as
             it
             is
             laid
             down
             in
             the
             Charge
             ;
             he
             hath
             very
             little
             to
             Answer
             ,
             for
             there
             is
             little
             proved
             ,
             the
             greatest
             part
             is
             offered
             on
             a
             single
             Testimony
             ,
             which
             as
             he
             hath
             heretofore
             mentioned
             ,
             he
             humbly
             conceives
             ,
             by
             the
             Laws
             of
             the
             Land
             ,
             cannot
             be
             charged
             upon
             him
             in
             case
             of
             Treason
             ;
             for
             nothing
             can
             be
             charged
             upon
             him
             in
             case
             of
             Treason
             ,
             without
             two
             lawful
             Witnesses
             .
          
           
             For
             the
             advice
             my
             Lord
             Treasurer
             says
             he
             gave
             in
             case
             of
             levying
             Ship-Money
             ,
             surely
             he
             advised
             no
             other
             ways
             ,
             than
             as
             had
             been
             formerly
             used
             3
             or
             4
             years
             before
             his
             coming
             into
             the
             Kingdom
             ;
             so
             that
             if
             it
             be
             an
             error
             ,
             he
             was
             led
             into
             it
             by
             the
             practice
             of
             former
             times
             ,
             and
             of
             wiser
             men
             than
             himself
             .
          
           
             Besides
             ,
             there
             was
             then
             ,
             as
             he
             conceives
             ,
             a
             Judgement
             given
             in
             the
             Exchequer-Chamber
             ,
             and
             he
             hath
             learnt
             always
             in
             his
             own
             practice
             ,
             by
             reason
             of
             his
             own
             weakness
             of
             judgement
             ,
             never
             to
             be
             wiser
             than
             his
             Teachers
             ,
             or
             to
             pretend
             to
             know
             more
             in
             other
             mens
             professions
             ,
             than
             they
             know
             themselves
             .
          
           
             And
             therefore
             there
             being
             a
             Judgement
             given
             in
             point
             of
             Law
             by
             the
             Judges
             ,
             it
             was
             not
             for
             him
             to
             dispute
             what
             they
             had
             done
             ,
             but
             with
             all
             humility
             ,
             to
             submit
             it
             to
             better
             judgements
             than
             his
             own
             ,
             so
             that
             to
             advise
             such
             a
             thing
             (
             as
             it
             then
             stood
             )
             he
             hopes
             will
             be
             excusable
             and
             pardonable
             in
             him
             ,
             albeit
             he
             doth
             not
             justify
             himself
             in
             it
             ,
             in
             respect
             of
             something
             he
             hath
             heard
             and
             learnt
             ,
             since
             that
             time
             ,
             and
             taught
             him
             likewise
             by
             wiser
             men
             than
             himself
             .
             And
             as
             he
             then
             followed
             that
             which
             was
             delivered
             by
             the
             Judges
             ,
             so
             he
             shall
             for
             the
             future
             ,
             follow
             what
             he
             hath
             learnt
             by
             others
             ,
             that
             ought
             to
             be
             believed
             ,
             and
             by
             him
             credited
             before
             himself
             :
             But
             in
             the
             mean
             time
             he
             conceives
             it
             a
             pardonable
             fault
             ,
             and
             shall
             never
             be
             drawn
             up
             ,
             or
             put
             into
             the
             Scale
             against
             him
             as
             Treason
             .
          
           
             To
             the
             other
             words
             ,
             testified
             to
             be
             spoken
             by
             him
             at
             the
             Council-Table
             ,
             He
             Answers
             ,
             That
             he
             might
             hold
             the
             Aldermen
             lyable
             or
             subject
             to
             Fine
             and
             Ransome
             ,
             in
             case
             they
             did
             not
             submit
             to
             the
             Kings
             Demands
             (
             for
             so
             on
             the
             matter
             ,
             my
             Lord
             of
             Berkshire
             repeats
             the
             words
             )
             truly
             such
             hath
             been
             ,
             and
             shall
             be
             his
             ingenuity
             in
             all
             things
             concerning
             this
             business
             ,
             that
             these
             words
             he
             hath
             already
             acknowledged
             and
             confest
             to
             be
             by
             him
             spoken
             ;
             and
             he
             confessed
             now
             he
             did
             say
             ,
             That
             in
             his
             opinion
             ,
             in
             a
             Case
             of
             that
             great
             necessity
             ,
             and
             imminent
             danger
             ,
             which
             he
             conceived
             the
             Kingdom
             to
             be
             in
             ,
             their
             refusal
             might
             perchance
             ,
             make
             them
             lyable
             to
             Fine
             and
             Ransome
             ;
             but
             the
             words
             ,
             as
             he
             remembers
             them
             ,
             were
             appliable
             not
             to
             that
             particular
             ,
             but
             to
             another
             .
          
           
             For
             he
             says
             ,
             and
             he
             says
             truly
             ,
             the
             words
             were
             spoken
             to
             hasten
             and
             speed
             my
             Lord
             Mayor
             in
             the
             services
             that
             were
             commanded
             him
             ;
             not
             out
             of
             any
             intention
             or
             purpose
             ,
             to
             do
             him
             hurt
             by
             further
             moving
             ,
             or
             prosecuting
             any
             thing
             against
             him
             .
             He
             confesses
             ,
             he
             wishes
             he
             had
             not
             spoken
             them
             ,
             but
             being
             spoken
             ,
             and
             spoken
             to
             that
             end
             and
             purpose
             ,
             as
             high
             a
             thing
             as
             this
             might
             have
             been
             passed
             over
             ,
             and
             not
             charged
             on
             him
             as
             a
             crime
             ,
             but
             rather
             as
             an
             extravagant
             saying
             ,
             which
             God
             forbid
             a
             man
             should
             be
             Arraigned
             for
             in
             this
             kind
             ,
             as
             he
             is
             ,
             and
             a
             little
             excess
             of
             Speech
             ,
             he
             trusts
             by
             their
             Lordships
             Favour
             and
             Goodness
             ,
             may
             be
             excused
             ,
             if
             not
             
             pardoned
             ,
             at
             least
             so
             much
             pardoned
             ,
             as
             it
             shall
             not
             be
             laid
             to
             him
             as
             Treason
             ,
             when
             it
             is
             but
             a
             hasty
             word
             ,
             and
             nothing
             follows
             upon
             it
             .
          
           
             For
             the
             other
             words
             which
             my
             Lord
             Mayor
             sayes
             ,
             that
             he
             the
             Earl
             of
             Strafford
             should
             say
             to
             His
             Majesty
             ;
             
               Sir
               ,
               there
               will
               be
               no
               good
               done
               with
               the
               Citizens
               of
            
             London
             ;
             
               till
               you
               have
               hanged
               some
               of
               them
               up
            
             ;
             which
             at
             first
             he
             said
             ,
             was
             to
             his
             best
             remembrance
             ,
             and
             upon
             recollection
             ,
             he
             says
             directly
             and
             absolutely
             ;
             for
             my
             Lord
             said
             ,
             he
             must
             not
             make
             it
             weaker
             against
             himself
             than
             it
             is
             ;
             and
             he
             wishes
             that
             rule
             might
             be
             kept
             on
             both
             sides
             ,
             which
             is
             to
             repeat
             the
             Evidence
             to
             their
             Lordships
             clearly
             and
             plainly
             as
             it
             is
             ;
             which
             duty
             he
             said
             ,
             he
             had
             Religiously
             observed
             ,
             since
             the
             beginning
             of
             the
             Cause
             ,
             and
             will
             perform
             to
             the
             last
             ,
             not
             misrecyting
             any
             thing
             for
             his
             advantage
             or
             disadvantage
             ;
             This
             being
             howsoever
             his
             comfort
             and
             joy
             ,
             that
             their
             Lordships
             are
             so
             wise
             ,
             as
             not
             to
             hearken
             to
             what
             is
             repeated
             of
             the
             Evidence
             ,
             but
             to
             the
             Evidence
             it self
             ,
             as
             it
             is
             plainly
             and
             clearly
             represented
             ,
             and
             that
             will
             not
             deceive
             them
             :
             and
             therefore
             my
             Lord
             said
             ,
             to
             the
             best
             of
             his
             remembrance
             (
             and
             the
             Witnesses
             said
             ,
             no
             more
             at
             the
             first
             )
             he
             spake
             them
             not
             ,
             but
             he
             thinks
             they
             were
             spoken
             in
             so
             good
             company
             ,
             before
             their
             Lordships
             of
             the
             Council-Board
             ,
             that
             it
             cannot
             but
             be
             remembred
             ,
             by
             some
             of
             their
             Lordships
             ,
             if
             the
             words
             had
             been
             spoken
             ,
             and
             by
             His
             Majesty
             ,
             to
             whom
             it
             is
             said
             they
             were
             directed
             .
          
           
             But
             being
             an
             equal
             Testimony
             (
             however
             in
             this
             condition
             ,
             and
             misfortune
             ,
             and
             affliction
             ,
             it
             may
             be
             between
             this
             Gentleman
             and
             himself
             )
             he
             thinks
             that
             before
             these
             troubles
             befell
             him
             ,
             he
             was
             as
             equally
             to
             be
             believed
             as
             the
             other
             ;
             and
             therefore
             all
             the
             difference
             is
             ,
             one
             sayes
             it
             ,
             the
             other
             denies
             it
             .
          
           
             My
             Lord
             added
             ,
             That
             he
             denyed
             it
             in
             his
             Answer
             ,
             and
             he
             denies
             it
             at
             the
             Bar
             ,
             and
             in
             truth
             ,
             to
             his
             best
             remembrance
             ,
             he
             never
             spake
             the
             words
             ;
             and
             it
             is
             a
             thing
             of
             no
             great
             moment
             ,
             being
             a
             hasty
             word
             ,
             and
             at
             the
             most
             very
             excusable
             ,
             especially
             to
             a
             free
             spoken
             man
             ,
             as
             he
             is
             ,
             and
             he
             smarts
             for
             it
             ,
             which
             hath
             further
             engaged
             him
             ,
             perhaps
             than
             wiser
             man
             would
             have
             been
             ,
             that
             hath
             much
             worse
             thoughts
             than
             ever
             he
             had
             ,
             but
             he
             hoped
             it
             will
             be
             pardoned
             ,
             and
             not
             amount
             to
             make
             good
             the
             Charge
             against
             him
             ,
             but
             that
             their
             Lordships
             Honor
             and
             Justice
             will
             excuse
             it
             ,
             rather
             than
             punish
             it
             ,
             and
             so
             his
             Lordship
             said
             ,
             he
             would
             say
             no
             more
             to
             it
             .
          
           
             Mr.
             Maynard
             made
             Reply
             thereunto
             ,
             in
             substance
             as
             followeth
             .
          
           
             The
             Committee
             shall
             need
             to
             to
             say
             little
             to
             this
             Answer
             of
             my
             Lord
             of
             Strafford
             ,
             for
             whereas
             he
             sayes
             nothing
             of
             High
             Treason
             is
             proved
             ,
             their
             Lordships
             will
             be
             pleased
             to
             remember
             ,
             how
             oft
             this
             hath
             been
             answered
             ;
             for
             if
             their
             Lordships
             will
             look
             back
             ,
             to
             what
             they
             have
             proved
             from
             the
             beginning
             :
             They
             charge
             not
             this
             as
             a
             particular
             Treason
             ,
             but
             having
             charged
             him
             with
             a
             design
             to
             subvert
             the
             fundamental
             Laws
             ;
             it
             appears
             he
             threatened
             it
             ,
             
               That
               the
               Kings
               little
               finger
               should
               be
               heavier
               than
               the
               loins
               of
               the
               Law
            
             ;
             They
             have
             shewed
             what
             he
             did
             in
             Ireland
             ,
             how
             he
             did
             not
             only
             threaten
             ,
             but
             gave
             sentence
             of
             death
             on
             one
             for
             words
             ,
             how
             there
             he
             hanged
             another
             ;
             it
             appears
             what
             a
             Jurisdiction
             he
             erected
             against
             Law
             ,
             and
             wayes
             were
             taken
             to
             maintain
             them
             ;
             how
             Soldiers
             were
             forced
             on
             mens
             Houses
             against
             their
             Wills
             ;
             and
             what
             Insolency
             they
             committed
             ,
             and
             that
             must
             not
             be
             questioned
             when
             it
             is
             propounded
             ;
             When
             he
             comes
             into
             England
             ,
             their
             Lordships
             hear
             what
             Counsels
             he
             gives
             ,
             which
             compared
             with
             the
             Plots
             he
             laid
             ,
             there
             is
             reason
             to
             think
             ,
             that
             these
             words
             proceeding
             
             from
             my
             Lord
             of
             Strafford
             ,
             that
             men
             should
             be
             Fined
             and
             Ransomed
             ,
             Hanged
             up
             ,
             and
             laid
             by
             the
             Heels
             ,
             comes
             not
             out
             of
             suddain
             passion
             ,
             but
             rise
             from
             those
             Principles
             and
             Resolutions
             that
             were
             in
             him
             ,
             to
             do
             all
             things
             according
             to
             his
             Will
             and
             Pleasure
             ,
             against
             Law.
             
          
           
             They
             beseech
             their
             Lordships
             ,
             these
             may
             not
             pass
             as
             hasty
             words
             ,
             when
             they
             appear
             to
             be
             suitable
             and
             conformable
             to
             Actions
             and
             Counsels
             preceding
             for
             many
             years
             ,
             and
             not
             yet
             laid
             down
             by
             him
             ,
             for
             ought
             can
             be
             discerned
             .
          
           
             The
             singleness
             of
             the
             Testimony
             hath
             been
             often
             Objected
             ,
             and
             as
             often
             Answered
             ,
             but
             this
             is
             no
             single
             Testimony
             ;
             My
             Lord
             Treasure
             speaks
             of
             his
             Advice
             to
             go
             on
             vigorously
             with
             Ship-Money
             ;
             Others
             prove
             Fine
             and
             Ransome
             ,
             and
             Hanging
             up
             ,
             Threatened
             ,
             which
             have
             all
             concurred
             to
             the
             general
             Charge
             ,
             being
             several
             circumstances
             proved
             by
             several
             Witnesses
             .
          
           
             But
             whereas
             my
             Lord
             thinks
             to
             excuse
             himself
             ,
             because
             there
             was
             a
             Judgement
             in
             the
             Exchequer-Chamber
             ;
             God
             be
             thanked
             ,
             it
             appears
             to
             be
             a
             Judgement
             against
             Law
             ;
             and
             my
             Lord
             of
             Strafford
             spake
             these
             words
             after
             the
             King
             offered
             to
             lay
             down
             the
             Ship-Money
             ,
             for
             it
             was
             after
             the
             Parliament
             ;
             But
             there
             was
             never
             any
             Judgement
             ,
             that
             a
             man
             might
             be
             hanged
             in
             such
             a
             case
             ,
             nor
             be
             Fined
             and
             Ransomed
             for
             not
             certifying
             in
             matter
             of
             Loan
             ;
             my
             Lord
             of
             Strafford
             knows
             as
             well
             as
             any
             man
             ,
             that
             it
             is
             against
             Law
             ,
             himself
             having
             had
             a
             great
             hand
             in
             the
             
               Petition
               of
               Right
            
             .
          
           
             Mr.
             Glyn
             desired
             he
             might
             observe
             one
             thing
             ,
             that
             fell
             from
             my
             Lord
             of
             
             Strafford
             ,
             not
             at
             this
             time
             only
             ,
             but
             at
             several
             times
             ;
             That
             it
             is
             hard
             he
             should
             for
             words
             be
             questioned
             as
             High
             Treason
             ,
             being
             a
             word
             spoken
             ,
             and
             no
             ill
             effect
             of
             it
             ;
             their
             Lordships
             may
             be
             pleased
             to
             call
             to
             mind
             ,
             that
             for
             words
             spoken
             concerning
             
               Treading
               on
               his
               Toe
            
             ,
             he
             prosecuted
             so
             far
             as
             to
             life
             ,
             and
             yet
             they
             were
             spoken
             as
             accidentally
             as
             these
             ,
             and
             not
             of
             less
             consequence
             ,
             and
             nothing
             came
             of
             them
             ;
             and
             yet
             he
             procured
             a
             sentence
             of
             death
             against
             the
             Speaker
             ,
             but
             here
             he
             extenuates
             it
             ,
             and
             must
             not
             be
             charged
             with
             words
             .
          
           
             
               And
               so
               the
            
             25th
             Article
             
               was
               concluded
            
             .
          
           
             
             
             
               THE
               Six
               and
               Twentieth
               Article
               .
               
                 The
                 Charge
              
               ,
            
             
               26.
               
               THat
               the
               said
               Earl
               by
               his
               wicked
               Counsels
               ,
               having
               brought
               
               His
               Majesty
               into
               excessive
               charge
               ,
               without
               any
               just
               cause
               ,
               he
               did
               in
               the
               month
               of
               July
               last
               (
               for
               the
               support
               of
               the
               said
               great
               charges
               )
               Counsel
               and
               approve
               two
               dangerous
               and
               wicked
               Projects
               ,
               viz.
               
            
             
               To
               seize
               upon
               the
               Bullion
               ,
               and
               the
               Money
               in
               the
               Mint
               .
            
             
               And
               to
               imbase
               His
               Majesties
               Coyn
               with
               the
               mixtures
               of
               Brass
               .
            
             
               And
               accordingly
               he
               procured
               One
               hundred
               and
               30000
               l.
               which
               was
               then
               in
               the
               Mint
               ,
               and
               belonging
               to
               divers
               Merchants
               ,
               Strangers
               ,
               and
               others
               to
               be
               seized
               on
               ,
               and
               stayed
               to
               His
               Majesties
               use
               .
               And
               when
               divers
               Merchants
               of
               London
               ,
               owners
               of
               the
               said
               Bullion
               and
               Money
               ,
               came
               to
               his
               House
               ,
               to
               let
               him
               under
               stand
               the
               great
               mischief
               that
               course
               would
               produce
               here
               ,
               and
               in
               other
               parts
               ,
               and
               what
               prejudice
               it
               would
               be
               to
               the
               Kingdom
               ,
               by
               discrediting
               the
               Mint
               ,
               and
               hindring
               the
               importation
               of
               Bullion
               :
               he
               the
               said
               Earl
               told
               them
               ,
               that
               the
               City
               of
               London
               dealt
               undutifully
               and
               unthankfully
               with
               His
               Majesty
               ;
               and
               that
               they
               were
               more
               ready
               to
               help
               the
               Rebels
               ,
               than
               to
               help
               His
               Majesty
               :
               And
               that
               if
               any
               hurt
               came
               to
               them
               ,
               they
               may
               thank
               themselves
               ;
               and
               that
               it
               was
               the
               course
               of
               other
               Princes
               ,
               to
               make
               use
               of
               such
               Moneys
               to
               serve
               their
               occasions
               .
            
             
               And
               when
               in
               the
               same
               month
               of
               July
               ,
               the
               Officers
               of
               His
               Majesties
               Mint
               came
               to
               him
               ,
               and
               gave
               him
               divers
               reasons
               against
               the
               imbasing
               the
               said
               Money
               ;
               he
               told
               them
               that
               the
               French
               King
               did
               use
               to
               send
               Commissaries
               of
               Horse
               ,
               with
               Commission
               to
               search
               into
               mens
               Estates
               ,
               and
               to
               peruse
               their
               Accounts
               ,
               that
               so
               they
               may
               know
               what
               to
               levy
               of
               them
               by
               force
               ,
               which
               they
               did
               accordingly
               levy
               ;
               and
               turning
               to
               the
               Lord
               Cottington
               ,
               then
               present
               ,
               said
               ,
               That
               this
               was
               a
               point
               worthy
               of
               his
               Lordships
               consideration
               ,
               meaning
               this
               course
               of
               the
               French
               King
               ,
               to
               raise
               Moneys
               by
               force
               ,
               was
               a
               point
               worthy
               of
               his
               Lordships
               Consideration
               ,
            
             
             
               MR.
               Maynard
               proceeded
               to
               open
               the
               26th
               Article
               ,
               and
               observed
               ,
               That
               they
               had
               shewed
               formerly
               ,
               how
               my
               Lord
               of
               Strafford
               had
               laboured
               a
               Disaffection
               betwixt
               His
               Majesty
               and
               His
               People
               :
               Now
               they
               come
               to
               shew
               ,
               That
               His
               Majesty
               being
               put
               to
               extreame
               Charges
               ,
               by
               the
               Advice
               of
               my
               Lord
               of
               Strafford
               ;
               my
               Lord
               adds
               his
               advice
               ,
               for
               seising
               Money
               in
               the
               Mint
               ,
               and
               for
               that
               of
               the
               base
               Coyn
               ,
               or
               Black
               Money
               ;
               And
               ,
               that
               when
               some
               attended
               my
               Lord
               of
               Strafford
               about
               it
               ,
               to
               shew
               to
               him
               the
               danger
               and
               ill
               consequence
               ,
               that
               might
               arise
               from
               it
               ,
               my
               Lord
               of
               Strafford
               tells
               them
               ,
               The
               City
               had
               dealt
               undutifully
               and
               unthankfully
               with
               His
               Majesty
               ,
               and
               were
               more
               ready
               to
               help
               the
               Rebels
               than
               His
               Majesty
               ;
               and
               ,
               they
               may
               thank
               themselves
               ;
               and
               ,
               it
               was
               the
               Course
               of
               other
               Princes
               ,
               to
               make
               use
               of
               such
               Monies
               .
               And
               ,
               when
               the
               Master
               of
               the
               Mynts
               gave
               Reasons
               against
               it
               ,
               my
               Lord
               said
               ,
               The
               French
               King
               uses
               to
               send
               Commissaries
               to
               mens
               Shops
               ,
               and
               to
               look
               into
               the
               Accompts
               and
               Books
               of
               men
               ,
               to
               see
               and
               peruse
               their
               Estates
               ,
               that
               they
               might
               raise
               and
               levy
               it
               by
               force
               :
               And
               ,
               turning
               to
               a
               Noble
               Lord
               by
               him
               ,
               he
               said
               ,
               That
               was
               a
               point
               worthy
               of
               his
               Lordships
               Consideration
               .
            
             
               To
               prove
               the
               words
               spoken
               ,
               about
               seising
               the
               Money
               in
               the
               Mint
               ,
            
             
               
                 Robert
                 Edwards
              
               was
               Sworn
               ,
               and
               Examined
               ,
               What
               he
               heard
               my
               Lord
               of
               
               Strafford
               say
               ,
               when
               he
               attended
               him
               ,
               about
               the
               Money
               seized
               in
               the
               Mynt
               ?
            
             
               He
               Answered
               ,
               That
               he
               went
               to
               his
               Lordship
               about
               the
               danger
               ,
               that
               the
               Company
               of
               Merchant-Adventurers
               were
               in
               ,
               in
               regard
               their
               Estates
               were
               beyond
               Sea
               ,
               giving
               his
               Lordship
               to
               understand
               the
               danger
               ,
               in
               regard
               so
               much
               Money
               was
               taken
               out
               of
               the
               Tower
               ,
               being
               ,
               as
               he
               remembers
               ,
               on
               Saturday
               night
               .
               They
               went
               on
               Monday
               morning
               ,
               and
               desired
               my
               Lord
               to
               speak
               to
               His
               Majesty
               ,
               that
               the
               money
               might
               be
               restored
               again
               ,
               that
               their
               Means
               might
               not
               be
               seized
               ;
               for
               ,
               some
               strangers
               had
               threatned
               ,
               they
               would
               signifie
               to
               their
               Principal
               ,
               how
               their
               Money
               was
               taken
               from
               them
               ,
               and
               would
               seek
               for
               a
               recompence
               again
               ,
               by
               the
               Means
               they
               had
               beyond
               Sea
               :
               And
               ,
               my
               Lord
               made
               Answer
               again
               to
               him
               ,
               and
               diverse
               others
               that
               were
               there
               ,
               That
               if
               they
               fared
               amiss
               ,
               they
               might
               thank
               themselves
               ,
               for
               if
               they
               went
               on
               in
               that
               manner
               ,
               they
               were
               like
               to
               find
               it
               themselves
               ;
               and
               that
               they
               should
               have
               the
               damage
               of
               it
               ,
               if
               they
               did
               look
               to
               it
               no
               better
               .
               And
               withal
               he
               said
               ,
               That
               though
               they
               think
               it
               is
               a
               strange
               business
               here
               ,
               yet
               beyond
               Sea
               it
               is
               not
               so
               ,
               but
               on
               Command
               men
               have
               their
               Goods
               taken
               .
               This
               was
               the
               substance
               ,
               as
               he
               remembers
               ,
               of
               what
               he
               said
               to
               them
               .
            
             
               Being
               Asked
               ,
               What
               my
               Lord
               of
               Strafford
               said
               ,
               touching
               the
               City
               of
               London
               ?
            
             
               He
               Answered
               ,
               That
               he
               said
               ,
               They
               did
               deal
               very
               unthankfully
               and
               
               undutifully
               ,
               for
               there
               was
               but
               14000
               l.
               for
               Ship-money
               that
               was
               His
               Majesties
               due
               ,
               and
               they
               denyed
               the
               payment
               of
               that
               ;
               and
               did
               more
               to
               maintain
               the
               Rebels
               ,
               than
               they
               did
               to
               maintain
               His
               Majesty
               .
            
             
               Being
               bid
               repeat
               his
               words
               .
            
             
               He
               said
               ,
               That
               they
               came
               at
               first
               to
               be
               humble
               Suitors
               to
               his
               Lordship
               ,
               to
               be
               a
               meanes
               to
               His
               Majesty
               ,
               that
               the
               Money
               taken
               from
               the
               Tower
               ,
               might
               be
               restored
               again
               ;
               for
               ,
               the
               Merchants
               Adventurers
               Estates
               beyond
               Sea
               ,
               were
               in
               great
               danger
               ,
               in
               regard
               there
               were
               some
               strangers
               threatned
               ,
               to
               write
               to
               their
               Principals
               ,
               to
               stay
               their
               Estates
               there
               ,
               for
               the
               Money
               stayed
               in
               the
               Tower
               :
               Whereupon
               my
               Lord
               made
               Answer
               ,
               That
               if
               they
               did
               speed
               amiss
               ,
               they
               might
               thank
               themselves
               ,
               for
               they
               are
               more
               ready
               to
               hold
               with
               Rebels
               ,
               then
               they
               were
               to
               give
               His
               Majesty
               His
               due
               ,
               which
               was
               14000
               l.
               for
               Ship-money
               .
            
             
               Being
               Asked
               (
               on
               my
               Lord
               of
               Straffords
               motion
               )
               Where
               he
               spake
               them
               ?
               and
               ,
               Whether
               he
               was
               not
               then
               Sick
               ?
            
             
               He
               Answered
               ,
               It
               was
               in
               his
               Chamber
               :
               and
               my
               Lord
               did
               sit
               in
               his
               Chair
               ,
               and
               he
               (
               the
               Examinant
               )
               stood
               hard
               by
               him
               ,
               with
               four
               or
               five
               more
               ,
               and
               he
               conceives
               my
               Lord
               was
               sick
               at
               that
               time
               .
            
             
               Being
               Asked
               ,
               on
               like
               motion
               ,
               Whether
               he
               did
               not
               tell
               them
               he
               was
               sick
               ,
               and
               could
               not
               go
               to
               the
               King
               at
               that
               time
               ?
            
             
               He
               Answered
               ,
               That
               he
               remembers
               not
               that
               my
               Lord
               said
               ,
               he
               could
               not
               go
               to
               the
               King
               ;
               but
               ,
               he
               said
               ,
               he
               knew
               nothing
               of
               it
               till
               that
               morning
               ,
               to
               his
               (
               the
               Examinants
               )
               remembrance
               .
            
             
               
                 Anthony
                 Palmer
              
               Sworn
               ,
               and
               Interrogated
               ,
               What
               my
               Lord
               of
               Strafford
               
               said
               to
               him
               ,
               concerning
               the
               mixt
               Money
               ?
            
             
               He
               Answered
               ,
               That
               my
               Lord
               of
               Strafford
               had
               some
               Discourse
               with
               him
               ,
               and
               the
               rest
               of
               his
               fellow
               Officers
               ,
               concerning
               base
               Money
               ;
               and
               ,
               upon
               the
               Questioning
               of
               it
               ,
               they
               gave
               him
               their
               Reasons
               against
               it
               ,
               and
               the
               insufficiency
               of
               it
               to
               do
               any
               thing
               ,
               and
               said
               so
               much
               ,
               as
               they
               conceived
               my
               Lord
               was
               disswaded
               from
               going
               any
               further
               in
               it
               :
               Upon
               this
               ,
               he
               afterwards
               shewed
               them
               a
               Letter
               ,
               drawn
               out
               of
               his
               Pocket
               ,
               which
               ,
               as
               he
               said
               ,
               was
               sent
               him
               out
               of
               France
               ,
               and
               in
               the
               French
               Tongue
               ;
               and
               ,
               because
               he
               (
               the
               Examinant
               )
               did
               not
               understand
               the
               French
               tongue
               ,
               he
               read
               it
               in
               English
               to
               this
               effect
               ,
               so
               far
               as
               the
               best
               of
               his
               memory
               will
               hold
               ;
               That
               the
               King
               of
               France
               ,
               or
               the
               French
               King
               ,
               had
               appointed
               certain
               Officers
               of
               his
               ,
               to
               go
               and
               take
               view
               of
               mens
               Books
               of
               Accompt
               and
               Estates
               ,
               by
               that
               means
               to
               see
               what
               they
               were
               worth
               ,
               and
               to
               know
               what
               the
               King
               might
               demand
               of
               them
               ;
               and
               ,
               if
               they
               were
               not
               willing
               to
               pay
               it
               ,
               there
               would
               be
               a
               force
               upon
               them
               to
               pay
               it
               .
               This
               ,
               to
               the
               best
               of
               his
               Remembrance
               ,
               is
               that
               my
               Lord
               did
               deliver
               .
            
             
             
               Being
               Asked
               ,
               Whether
               my
               Lord
               of
               Strafford
               did
               not
               speak
               words
               to
               this
               effect
               ,
               That
               if
               His
               Majesty
               should
               do
               so
               ,
               he
               should
               have
               the
               Examples
               of
               others
               ,
               or
               to
               that
               purpose
               ?
            
             
               He
               Answered
               ,
               Something
               he
               set
               forth
               to
               this
               effect
               ,
               but
               the
               very
               words
               he
               cannot
               express
               ,
               but
               it
               was
               to
               that
               purpose
               ;
               That
               he
               had
               received
               Letters
               ,
               that
               the
               King
               of
               France
               had
               sent
               Officers
               ,
               that
               took
               view
               of
               Mens
               Books
               and
               Accompts
               ,
               to
               raise
               to
               himself
               some
               Moneys
               (
               if
               they
               were
               not
               willing
               )
               by
               constraint
               ,
               and
               withal
               some
               other
               Speeches
               did
               fall
               from
               him
               to
               this
               purpose
               ,
               but
               ,
               the
               very
               words
               he
               cannot
               speak
               ,
               that
               it
               was
               an
               Example
               ,
               or
               might
               be
               an
               Example
               ,
               to
               do
               the
               like
               in
               England
               .
            
             
               Being
               Asked
               (
               on
               my
               Lord
               of
               Straffords
               motion
               )
               Where
               this
               was
               spoken
               ?
            
             
               He
               Answered
               ,
               It
               was
               in
               my
               Lords
               own
               house
               in
               Leister-fields
               ,
               he
               thinks
               ,
               and
               there
               were
               present
               three
               more
               ,
               Sir
               
                 William
                 Parkhurst
              
               ,
               Mr.
               Gogan
               ,
               and
               himself
               ,
               and
               my
               Lord
               Cottington
               was
               also
               there
               .
            
             
               
                 Henry
                 Gogan
              
               Sworn
               and
               Interrogated
               ,
               What
               he
               heard
               my
               Lord
               of
               Strafford
               say
               ,
               when
               he
               attended
               him
               ,
               about
               the
               abusing
               of
               the
               Coyn
               ?
            
             
               He
               Answered
               ,
               That
               after
               the
               Coyning
               of
               the
               Base
               Money
               was
               thought
               on
               ,
               there
               were
               Queries
               made
               ,
               and
               they
               were
               to
               give
               an
               Answer
               the
               next
               day
               about
               the
               making
               of
               it
               ;
               That
               was
               ,
               about
               the
               Expedition
               ,
               and
               what
               it
               would
               cost
               ,
               and
               two
               other
               Particulars
               ,
               the
               Paper
               Sir
               
                 William
                 Parkhurst
              
               hath
               .
               But
               ,
               some
               of
               them
               spoke
               against
               the
               making
               of
               the
               Money
               ,
               Mr.
               Palmer
               and
               the
               rest
               shewed
               the
               inconvenience
               of
               it
               ;
               and
               then
               my
               Lord
               pull'd
               out
               a
               Letter
               in
               French
               ,
               and
               read
               it
               in
               English
               ,
               to
               this
               purpose
               ;
               That
               the
               King
               of
               France
               raised
               money
               by
               force
               ,
               sending
               Commissaries
               of
               Horse
               to
               look
               into
               their
               Books
               and
               Estates
               ,
               and
               levy
               money
               accordingly
               ;
               and
               ,
               did
               turn
               about
               to
               my
               Lord
               Cottington
               ,
               and
               said
               ,
               My
               Lord
               ,
               this
               is
               worthy
               your
               consideration
               or
               hearing
               ,
               or
               words
               to
               that
               purpose
               .
            
             
               Being
               Asked
               (
               on
               my
               Lord
               of
               Straffords
               motion
               )
               Where
               it
               was
               spoken
               ?
            
             
               He
               Answered
               ,
               It
               was
               spoken
               at
               my
               Lords
               House
               in
               the
               Fields
               ,
               in
               the
               presence
               of
               Sir
               
                 William
                 Parkhurst
              
               ,
               Lord
               Cottington
               ,
               Mr.
               Palmer
               ,
               and
               himself
               .
            
             
               Sir
               
                 William
                 Parkhurst
              
               being
               Sworn
               ,
               and
               Interrogated
               ,
               What
               my
               Lord
               of
               Strafford
               said
               ,
               when
               he
               and
               the
               rest
               attended
               him
               about
               the
               Copper
               Money
               ?
            
             
               He
               Answered
               ,
               That
               they
               were
               sent
               for
               ;
               and
               ,
               the
               first
               Question
               they
               were
               asked
               ,
               was
               ,
               What
               sorts
               of
               Money
               were
               made
               in
               Queen
               Elizabeths
               time
               of
               Copper
               ,
               for
               the
               Kingdom
               of
               Ireland
               ?
               they
               
               told
               him
               what
               they
               were
               ,
               and
               that
               they
               could
               produce
               the
               Indentures
               and
               Circumstances
               of
               making
               those
               Monyes
               ;
               and
               they
               had
               diverse
               Discourses
               of
               the
               matter
               of
               Money
               ,
               and
               it
               was
               resolved
               into
               certain
               Queries
               that
               they
               should
               consider
               of
               ,
               which
               he
               the
               Examinant
               was
               never
               formerly
               examined
               of
               ,
               and
               the
               Papers
               are
               not
               here
               ,
               neither
               was
               he
               warned
               hither
               to
               day
               .
               And
               ,
               in
               the
               discourse
               of
               these
               Moneys
               ,
               my
               Lord
               of
               Strafford
               did
               produce
               a
               Letter
               written
               in
               French
               ,
               as
               newes
               lately
               received
               from
               thence
               ,
               and
               ,
               doubting
               whether
               they
               understood
               French
               or
               no
               ,
               he
               Englished
               it
               ,
               in
               these
               kinds
               of
               words
               ,
               or
               thus
               much
               in
               substance
               ,
               That
               the
               French
               King
               had
               lately
               sent
               certain
               Commissaries
               ,
               or
               Commissioners
               ,
               into
               diverse
               parts
               of
               France
               ,
               there
               to
               take
               and
               peruse
               the
               Accompts
               of
               Merchants
               ,
               and
               the
               Books
               of
               Mens
               Estates
               ,
               whereby
               they
               might
               know
               what
               Estates
               they
               had
               ,
               and
               this
               is
               the
               substance
               of
               what
               he
               can
               say
               ,
               and
               further
               he
               heard
               him
               not
               say
               .
            
             
               Being
               Asked
               (
               on
               my
               Lord
               of
               Straffords
               motion
               )
               Who
               was
               there
               present
               ?
            
             
               He
               Answered
               ,
               My
               Lord
               of
               Strafford
               ,
               my
               Lord
               Cottington
               ,
               Mr.
               Palmer
               ,
               Mr.
               Gogan
               ,
               and
               himself
               .
            
             
               Being
               Asked
               ,
               on
               the
               like
               motion
               ,
               Whether
               he
               heard
               my
               Lord
               of
               Strafford
               offer
               to
               my
               Lord
               Cottington
               ,
               That
               this
               was
               worthy
               his
               consideration
               or
               notice
               ?
            
             
               He
               Answered
               ,
               That
               he
               did
               not
               hear
               it
               .
            
             
               Being
               Asked
               ,
               Whether
               he
               said
               ,
               That
               if
               the
               King
               should
               do
               so
               ,
               he
               should
               follow
               the
               Example
               of
               other
               Princes
               ?
            
             
               He
               Answered
               ,
               No.
               
            
             
               Sir
               
                 Ralph
                 Freeman
              
               being
               Asked
               ,
               What
               words
               my
               Lord
               of
               Strafford
               spake
               concerning
               Copper
               Money
               ,
               If
               it
               were
               refused
               to
               be
               taken
               ?
            
             
               He
               Answered
               ,
               That
               he
               was
               not
               there
               at
               the
               first
               meeting
               ,
               but
               at
               the
               private
               Council
               ,
               His
               Majesty
               being
               present
               ,
               there
               was
               a
               Debate
               about
               Paying
               Copper-Money
               ,
               and
               he
               (
               the
               Examinant
               )
               Answering
               ,
               That
               they
               would
               not
               work
               ,
               if
               they
               were
               paid
               in
               Copper
               Money
               :
               My
               Lord
               of
               Strafford
               replied
               ,
               You
               know
               what
               course
               to
               take
               with
               them
               ,
               you
               may
               send
               them
               to
               the
               House
               of
               Correction
               ;
               This
               is
               all
               he
               heard
               .
            
             
               Mr.
               Maynard
               desired
               
                 Tho.
                 Skinners
              
               Examination
               might
               be
               read
               ,
               as
               to
               the
               matter
               which
               Mr.
               Stewart
               was
               examined
               to
               ,
               he
               being
               seen
               at
               Westminster
               
               that
               morning
               ,
               and
               acknowledged
               ,
               that
               he
               was
               to
               be
               examined
               here
               as
               a
               Witness
               ,
               and
               it
               seems
               could
               not
               get
               in
               ,
               or
               is
               otherwise
               kept
               away
               .
            
             
               My
               Lord
               of
               Strafford
               desired
               ,
               they
               might
               reserve
               the
               advantage
               of
               him
               ,
               and
               he
               would
               give
               way
               to
               it
               .
            
             
             
               Mr.
               Maynard
               answered
               ,
               That
               when
               he
               sayes
               a
               Witness
               may
               be
               kept
               away
               ,
               it
               is
               not
               that
               he
               is
               kept
               away
               ,
               for
               he
               is
               here
               ;
               but
               ,
               if
               a
               Witness
               hath
               been
               examined
               ,
               and
               doth
               not
               come
               ,
               his
               Examinations
               may
               be
               read
               ,
               for
               it
               is
               
               possible
               a
               Witness
               may
               be
               kept
               away
               ,
               though
               he
               be
               not
               sick
               .
            
             
               
                 George
                 Henley
              
               being
               Sworn
               ,
               and
               Interrogated
               ,
               Whether
               he
               saw
               Skinner
               this
               morning
               at
               Westminster
               ?
            
             
               He
               Answered
               ,
               He
               saw
               him
               in
               the
               Pallace-yard
               ,
               and
               he
               told
               him
               the
               
               Examinant
               ,
               that
               he
               (
               the
               said
               Skinner
               )
               was
               to
               be
               here
               as
               a
               Witness
               .
            
             
               My
               Lord
               of
               Strafford
               desiring
               that
               liberty
               for
               him
               to
               Cross-examine
               him
               might
               be
               reserved
               ,
               and
               that
               being
               granted
               ,
               the
               Examinations
               were
               read
               .
            
             
               The
               Examination
               of
               
                 Tho.
                 Skinner
              
               Gent.
               taken
               the
               8th
               .
               Ian.
               1641.
               
            
             
               To
               the
               98
               Interrogatory
               he
               saith
               ,
               That
               he
               attended
               Mr.
               Edwards
               and
               other
               Merchants-Adventurers
               to
               the
               Lord-Lieutenant
               ,
               a
               little
               after
               the
               stay
               of
               the
               Money
               and
               Bullion
               in
               the
               Mynt
               ,
               and
               the
               said
               Merchants
               represented
               divers
               inconveniences
               to
               his
               Lordship
               which
               might
               arise
               from
               the
               stay
               thereof
               ;
               and
               alleadged
               ,
               That
               it
               would
               occasion
               a
               seisure
               of
               the
               English
               Merchants
               beyond
               the
               Seas
               .
               Whereupon
               his
               Lordship
               said
               ,
               He
               did
               not
               know
               of
               the
               seisure
               until
               that
               morning
               ;
               But
               ,
               if
               any
               Inconvenience
               happen
               ,
               they
               may
               thank
               themselves
               :
               and
               his
               Lordship
               further
               said
               ,
               that
               though
               this
               act
               might
               seem
               strange
               in
               England
               ,
               it
               was
               no
               newes
               in
               other
               Countries
               ;
               Where
               Princes
               made
               use
               of
               such
               means
               to
               serve
               their
               occasions
               ;
               and
               his
               Lordship
               did
               very
               much
               tax
               and
               blame
               the
               City
               of
               London
               ,
               saying
               ,
               They
               dealt
               unworthily
               with
               His
               Majesty
               ,
               in
               refusing
               to
               pay
               the
               14000
               l.
               of
               Ship-money
               ,
               which
               was
               His
               due
               ;
               and
               that
               they
               were
               more
               ready
               to
               hold
               with
               Rebels
               than
               with
               His
               Majesty
               ;
               and
               ,
               that
               they
               dealt
               unthankfully
               with
               His
               Majesty
               ,
               in
               not
               relieving
               him
               in
               His
               great
               Necessities
               .
            
             
               And
               so
               Mr.
               Maynard
               concluded
               this
               Article
               ,
               the
               words
               charged
               being
               proved
               ,
               and
               my
               Lord
               of
               Straffords
               Answer
               was
               expected
               .
            
             
               After
               a
               small
               time
               given
               him
               to
               recollect
               his
               Notes
               ,
               my
               Lord
               of
               Strafford
               made
               his
               Defence
               ,
               in
               substance
               as
               followeth
               ,
            
             
               That
               he
               is
               to
               give
               his
               Defence
               to
               the
               26th
               Article
               ,
               the
               first
               part
               whereof
               
               was
               ,
               That
               he
               should
               Counsel
               and
               Approve
               two
               dangerous
               and
               wicked
               Projects
               .
            
             
               First
               ,
               To
               seize
               on
               the
               Bullion
               and
               money
               in
               the
               mint
               .
            
             
               Secondly
               ,
               To
               debase
               the
               Coyn
               with
               mixture
               of
               Brass
               .
            
             
             
               That
               he
               hath
               ,
               in
               his
               Answer
               ,
               denied
               either
               the
               Counselling
               ,
               or
               the
               approving
               of
               these
               Projects
               ,
               as
               they
               call
               them
               ;
               and
               ,
               for
               that
               part
               ,
               which
               indeed
               would
               be
               the
               principal
               thing
               in
               the
               Charge
               ,
               if
               it
               were
               proved
               ,
               there
               is
               no
               offer
               of
               any
               proof
               at
               all
               ,
               that
               is
               ,
               concerning
               his
               Approving
               ,
               Counselling
               ,
               or
               devising
               those
               Projects
               .
            
             
               To
               this
               he
               Answereth
               ,
               It
               will
               appear
               in
               their
               own
               proof
               ,
               he
               (
               the
               Defendant
               did
               not
               Counsel
               the
               seising
               of
               the
               money
               ,
               for
               Mr.
               Edwards
               acknowledges
               ,
               when
               they
               came
               to
               acquaint
               him
               with
               the
               business
               ,
               he
               professed
               he
               knew
               nothing
               of
               it
               ;
               Nor
               did
               he
               ,
               being
               then
               sick
               ,
               and
               unfit
               for
               this
               matter
               .
            
             
               And
               ,
               Mr.
               Skinner
               sayes
               ,
               He
               (
               my
               Lord
               of
               Strafford
               )
               told
               them
               ,
               That
               he
               knew
               nothing
               of
               the
               seizure
               of
               that
               money
               ;
               So
               that
               there
               is
               no
               Proof
               against
               him
               :
               and
               ,
               the
               Proof
               brought
               ,
               Acquits
               him
               ,
               as
               to
               that
               .
            
             
               For
               the
               debasing
               of
               the
               Coyn
               ,
               Mr.
               Palmer
               sayes
               ,
               That
               he
               and
               the
               rest
               of
               the
               Officers
               giving
               Reasons
               against
               it
               ,
               he
               (
               my
               Lord
               of
               Strafford
               )
               gave
               it
               over
               ;
               He
               remembers
               very
               well
               ,
               there
               was
               some
               speech
               about
               the
               Copper
               Coyn
               ;
               and
               ,
               that
               Information
               was
               to
               be
               given
               ,
               what
               Queen
               Elizabeth
               had
               done
               in
               the
               like
               case
               :
               And
               ,
               he
               remembers
               too
               ,
               that
               it
               was
               given
               over
               :
               Also
               ,
               that
               he
               was
               one
               of
               the
               Committee
               ,
               to
               take
               Information
               of
               the
               Reasons
               for
               it
               ,
               and
               against
               it
               ;
               and
               ,
               to
               report
               :
               and
               ,
               further
               then
               that
               ,
               he
               medled
               not
               with
               it
               .
            
             
               For
               the
               rest
               of
               the
               Charge
               ,
               in
               telling
               the
               City
               ,
               They
               dealt
               undutifully
               with
               His
               Majesty
               ,
               &c.
               he
               conceives
               the
               Proofs
               are
               full
               in
               the
               Point
               ,
               and
               fuller
               then
               any
               thing
               of
               the
               Charge
               since
               the
               Trial
               began
               .
            
             
               And
               ,
               it
               is
               true
               ,
               he
               did
               not
               at
               that
               time
               think
               the
               City
               had
               dealt
               thankfully
               with
               His
               Majesty
               ,
               they
               having
               received
               so
               many
               Favours
               from
               him
               ,
               and
               He
               residing
               amongst
               them
               ,
               should
               refuse
               the
               Loane
               of
               100000
               l.
               on
               good
               security
               given
               ;
               and
               ,
               it
               might
               very
               well
               be
               (
               as
               he
               thinks
               he
               did
               )
               at
               that
               time
               ,
               he
               might
               say
               so
               ;
               And
               ,
               if
               he
               spake
               it
               out
               of
               overmuch
               sence
               towards
               His
               Majesty
               ,
               and
               His
               Service
               ,
               surely
               he
               doth
               not
               conceive
               it
               to
               be
               any
               great
               Crime
               ,
               to
               say
               ,
               They
               dealt
               undutifully
               with
               the
               King
               :
               But
               ,
               whatsoever
               it
               was
               ,
               he
               is
               sure
               he
               is
               ready
               to
               amend
               it
               ,
               and
               to
               be
               of
               another
               Opinion
               ;
               For
               ,
               he
               remembers
               very
               well
               ,
               and
               ,
               he
               thinks
               many
               of
               their
               Lordships
               will
               call
               it
               to
               mind
               ,
               that
               when
               upon
               the
               return
               of
               diverse
               Noble
               Persons
               to
               York
               ,
               he
               understood
               that
               the
               City
               of
               London
               had
               lent
               the
               King
               200000
               l.
               he
               then
               said
               ,
               That
               he
               was
               glad
               for
               his
               part
               ,
               extreamly
               glad
               of
               it
               ;
               and
               ,
               all
               that
               was
               past
               formerly
               ,
               was
               now
               fully
               satisfied
               ,
               as
               to
               him
               ,
               and
               he
               should
               be
               ready
               to
               serve
               them
               with
               his
               Life
               for
               it
               ,
               as
               long
               as
               he
               lived
               ;
               And
               this
               he
               spake
               in
               the
               Great
               Council
               of
               the
               Peers
               at
               York
               ,
               and
               that
               he
               would
               be
               as
               ready
               to
               serve
               the
               City
               of
               London
               ,
               as
               any
               poor
               Gentleman
               in
               the
               Kingdom
               ,
               and
               so
               he
               sayes
               again
               ,
               he
               will
               :
               and
               if
               at
               that
               time
               ,
               or
               other
               time
               ,
               he
               was
               so
               sensible
               of
               the
               Service
               of
               His
               Master
               ,
               as
               not
               to
               think
               it
               well
               done
               of
               them
               ,
               to
               refuse
               so
               small
               a
               Curtesie
               ,
               and
               exprest
               something
               that
               might
               have
               been
               spared
               :
               Men
               oftentimes
               offend
               with
               the
               Tongue
               ,
               when
               they
               offend
               not
               with
               the
               heart
               ;
               And
               ,
               he
               hopes
               this
               can
               be
               no
               such
               Bloody
               Crime
               ,
               it
               arguing
               him
               rather
               to
               be
               innocent
               from
               doing
               any
               
               great
               evil
               ,
               when
               words
               are
               so
               often
               charged
               on
               him
               ,
               rather
               than
               doing
               .
            
             
               But
               ,
               there
               are
               some
               things
               not
               proved
               ,
               that
               perhaps
               will
               be
               mentioned
               ,
               because
               they
               be
               singly
               spoken
               of
               ,
               but
               not
               doubly
               proved
               .
            
             
               The
               next
               Charge
               is
               a
               Letter
               ,
               that
               he
               should
               shew
               ,
               about
               the
               King
               of
               France
               appointing
               Officers
               to
               take
               Accompts
               ,
               and
               to
               view
               mens
               Books
               ,
               and
               that
               it
               might
               be
               an
               Example
               for
               us
               here
               .
               Which
               words
               he
               doth
               absolutely
               deny
               .
               He
               never
               spake
               them
               .
               He
               never
               thought
               them
               :
               And
               Mr.
               Palmer
               only
               speaks
               it
               ;
               But
               sayes
               ,
               the
               very
               words
               he
               cannot
               express
               :
               and
               ,
               if
               he
               cannot
               (
               the
               Defendant
               )
               appeales
               to
               their
               Lordships
               ,
               whether
               he
               should
               be
               Condemned
               for
               words
               which
               cannot
               be
               exprest
               ?
               and
               he
               hopes
               it
               will
               be
               of
               very
               little
               force
               with
               their
               Lordships
               ,
               when
               it
               is
               so
               uncertainly
               delivered
               .
               But
               ,
               however
               ,
               it
               is
               a
               single
               Testimony
               ,
               none
               of
               the
               other
               Witnesses
               testifying
               the
               words
               ,
               as
               he
               conceives
               .
            
             
               Sir
               
                 William
                 Parkhurst
              
               denies
               expresly
               ,
               that
               he
               heard
               them
               .
            
             
               Mr.
               Gogan
               is
               a
               single
               Testimony
               ,
               in
               saying
               ,
               what
               my
               Lord
               of
               Strafford
               should
               say
               to
               my
               Lord
               Cottington
               ,
               That
               they
               might
               be
               worthy
               of
               his
               Lordships
               consideration
               ;
               And
               Sir
               
                 William
                 Parkhurst
              
               denies
               that
               he
               heard
               them
               .
            
             
               But
               ,
               it
               will
               be
               necessary
               for
               him
               ,
               to
               let
               their
               Lordships
               know
               clearly
               and
               plainly
               ,
               what
               this
               great
               matter
               was
               concerning
               the
               French
               Letter
               ,
               for
               he
               trusts
               my
               Lord
               Cottington
               would
               remember
               it
               ,
               and
               my
               Lord
               Treasurer
               too
               ,
               if
               need
               were
               ;
               but
               this
               is
               no
               way
               in
               his
               Charge
               ,
               and
               therefore
               he
               shall
               not
               insist
               in
               the
               proof
               of
               it
               .
            
             
               His
               Lordship
               having
               the
               honor
               to
               be
               of
               the
               Foraign
               Committee
               ,
               my
               Lord
               of
               Leicester
               was
               pleased
               to
               send
               weekly
               Letters
               ,
               to
               divers
               of
               their
               Lordships
               ,
               and
               ,
               among
               the
               rest
               ,
               he
               received
               one
               ,
               being
               in
               the
               nature
               of
               a
               Gazette
               :
               In
               which
               Letter
               ,
               nothing
               was
               mentioned
               of
               Commissaries
               of
               Horse
               ;
               but
               ,
               it
               was
               mentioned
               ,
               that
               the
               Cardinal
               had
               given
               direction
               to
               certain
               Commissioners
               ,
               to
               go
               into
               the
               Houses
               of
               divers
               Merchants
               ,
               not
               over
               the
               Kingdom
               ,
               but
               at
               Paris
               ,
               and
               Inform
               themselves
               by
               their
               Books
               of
               Accompt
               ,
               what
               Estates
               they
               had
               ,
               that
               they
               might
               demand
               Supply
               .
            
             
               This
               Letter
               ,
               he
               sayes
               ,
               he
               Read
               ,
               with
               this
               Clause
               ,
               You
               may
               see
               what
               is
               done
               in
               other
               places
               ;
               but
               ,
               God
               be
               thanked
               you
               have
               so
               pious
               and
               gracious
               a
               King
               ,
               that
               he
               thinks
               on
               none
               of
               these
               things
               ;
               he
               read
               it
               to
               them
               as
               a
               Gazette
               ,
               a
               foolish
               idle
               Letter
               ,
               and
               no
               more
               .
            
             
               My
               Lord
               Cottington
               being
               Interrogated
               touching
               the
               Letter
               ,
               &c.
               
            
             
               He
               professes
               that
               he
               knew
               nothing
               of
               such
               a
               Letter
               ,
               but
               because
               he
               
               would
               remember
               it
               ,
               he
               spake
               with
               Sir
               
                 William
                 Parkhurst
              
               ,
               and
               Mr.
               Palmer
               ,
               and
               some
               others
               ,
               and
               they
               told
               him
               ,
               that
               when
               my
               Lord
               was
               Reading
               the
               Letter
               ,
               he
               was
               Writing
               in
               another
               Room
               ;
               and
               asking
               ,
               Why
               it
               was
               said
               he
               was
               present
               ?
               they
               told
               him
               then
               ,
               That
               they
               thought
               Gogan
               had
               said
               so
               ,
               when
               there
               was
               no
               such
               matter
               ;
               For
               ,
               he
               having
               seen
               his
               name
               in
               the
               Printed
               
               Book
               ,
               he
               hath
               been
               careful
               to
               inform
               himself
               ,
               what
               kind
               of
               Letter
               it
               was
               ,
               for
               he
               profest
               to
               their
               Lordships
               ,
               he
               remembred
               not
               the
               Letter
               ,
               nor
               the
               discourse
               ,
               and
               asking
               Sir
               
                 William
                 Parkhurst
              
               and
               the
               rest
               ,
               why
               it
               was
               said
               ,
               such
               words
               were
               spoken
               to
               him
               by
               my
               Lord
               of
               Strafford
               ?
               they
               say
               ,
               they
               had
               been
               examined
               upon
               it
               ,
               and
               had
               denyed
               it
               .
            
             
               For
               Sir
               
                 Ralph
                 Freeman's
              
               Deposition
               ,
               that
               my
               Lord
               of
               Strafford
               should
               say
               ,
               That
               if
               the
               poor
               men
               that
               work
               on
               the
               Money
               should
               refuse
               to
               work
               ,
               they
               might
               be
               sent
               to
               the
               House
               of
               Correction
               ;
               That
               he
               conceives
               he
               might
               say
               without
               offence
               ,
               but
               it
               is
               no
               part
               of
               his
               Charge
               .
            
             
               My
               Lord
               Cottington
               being
               asked
               (
               on
               Mr.
               Glyns
               motion
               )
               whether
               he
               had
               heard
               of
               such
               a
               Letter
               ?
            
             
               He
               professed
               ,
               to
               his
               remembrance
               he
               never
               heard
               of
               the
               Letter
               .
            
             
               Whence
               Mr.
               Maynard
               inferred
               ,
               there
               be
               others
               that
               speak
               to
               that
               ,
               
               therefore
               there
               may
               be
               something
               that
               is
               not
               remembred
               .
            
             
               And
               so
               my
               Lord
               of
               Strafford
               concluded
               ,
               that
               he
               had
               told
               their
               Lordships
               clearly
               and
               plainly
               what
               is
               proved
               ,
               what
               the
               things
               were
               ,
               and
               as
               they
               were
               ;
               and
               he
               trusts
               nothing
               is
               in
               his
               Actions
               ,
               but
               such
               as
               may
               admit
               of
               a
               noble
               and
               favourable
               construction
               :
               and
               so
               there
               is
               no
               more
               for
               him
               to
               Answer
               to
               this
               Article
               ,
               but
               only
               to
               say
               ,
               That
               under
               the
               favour
               of
               these
               Gentlemen
               ,
               nothing
               can
               incline
               one
               way
               or
               other
               ,
               to
               be
               an
               accusation
               of
               High-Treason
               .
            
          
           
             
               To
               which
               Mr.
               Maynard
               made
               a
               Reply
               in
               substance
               as
               followeth
               .
            
             
               That
               he
               should
               not
               hold
               their
               Lordships
               long
               in
               Reply
               to
               this
               ;
               My
               
               Lord
               denies
               the
               Counselling
               and
               Approving
               the
               matter
               of
               seizing
               the
               Mynt
               ,
               and
               debasing
               the
               Coyn
               ,
               and
               a
               Witness
               produced
               ,
               sayes
               ,
               My
               Lord
               knew
               nothing
               of
               it
               ;
               that
               they
               can
               press
               no
               farther
               ,
               but
               that
               is
               no
               justification
               to
               my
               Lord
               Strafford
               ,
               to
               retort
               such
               words
               concerning
               the
               Great
               City
               of
               this
               Kingdom
               ,
               on
               so
               small
               an
               occasion
               ,
               as
               their
               desire
               to
               have
               their
               Money
               discharged
               .
               It
               was
               a
               grievous
               thing
               ,
               and
               is
               not
               to
               be
               slighted
               ;
               that
               their
               Estates
               being
               beyond
               Sea
               ,
               my
               Lord
               of
               Strafford
               should
               make
               so
               little
               of
               it
               .
               But
               my
               Lord
               Answers
               nothing
               to
               these
               words
               ,
               That
               the
               City
               of
               London
               was
               more
               ready
               to
               help
               the
               Rebels
               ,
               than
               to
               help
               the
               King
               ,
               and
               he
               doth
               well
               not
               to
               do
               it
               ,
               for
               whosoever
               doth
               help
               a
               Rebel
               ,
               is
               of
               the
               same
               condition
               with
               the
               Rebel
               .
               For
               the
               matter
               of
               the
               Letter
               ,
               it
               is
               of
               no
               great
               importance
               whether
               it
               be
               so
               or
               no
               ?
               But
               the
               matter
               is
               ,
               What
               Speeches
               were
               used
               ?
               My
               Lord
               sayes
               ,
               the
               Speeches
               are
               proved
               by
               only
               one
               witness
               ;
               But
               the
               truth
               is
               ,
               one
               Witness
               positively
               swears
               one
               part
               ,
               and
               another
               the
               other
               part
               ;
               but
               both
               agree
               ,
               That
               my
               Lord
               Cottington
               was
               there
               ,
               though
               Sir
               
                 William
                 Parkhurst
              
               doth
               not
               remember
               it
               .
            
             
               Mr.
               Whitlock
               added
               ,
               That
               my
               Lord
               of
               Strafford
               is
               pleased
               to
               mention
               a
               
               Letter
               from
               an
               Honouable
               person
               ,
               my
               Lord
               of
               Leicester
               ,
               and
               now
               he
               observes
               ,
               it
               was
               a
               Gazette
               ,
               and
               no
               Letter
               at
               all
               from
               my
               Lord
               of
               Leicester
               .
            
             
             
               But
               my
               Lord
               of
               Strafford
               desired
               ,
               he
               might
               not
               be
               mistaken
               ,
               he
               being
               very
               tender
               to
               have
               it
               laid
               on
               him
               ,
               that
               he
               should
               in
               any
               thing
               speak
               untruth
               ,
               or
               contradict
               himself
               .
            
             
               Their
               Lordships
               know
               ,
               the
               Letters
               sent
               familiarly
               every
               week
               from
               my
               Lord
               of
               Leicesters
               Secretary
               ,
               as
               News
               to
               the
               forreign
               Committee
               ,
               are
               only
               in
               the
               nature
               of
               a
               Gazette
               ,
               and
               so
               he
               intended
               to
               open
               it
               .
            
             
               Mr.
               Strowd
               added
               ,
               there
               is
               something
               in
               the
               Tract
               of
               this
               Article
               that
               
               sticks
               near
               to
               me
               ,
               and
               I
               cannot
               let
               it
               pass
               ;
               Whereas
               my
               Lord
               sayes
               ,
               Words
               are
               only
               laid
               to
               his
               Charge
               ,
               which
               argues
               his
               innocency
               in
               Fact
               ,
               in
               that
               he
               hath
               been
               sparing
               in
               doing
               ,
               whatsoever
               his
               Language
               is
               ;
               First
               ,
               The
               Laws
               are
               clear
               ,
               that
               words
               may
               be
               Treason
               ,
               and
               to
               every
               mans
               reason
               it
               sounds
               thus
               far
               ,
               That
               words
               in
               consequence
               may
               go
               beyond
               some
               actions
               ;
               and
               words
               of
               the
               highest
               nature
               he
               hath
               used
               ,
               all
               trenching
               deeper
               on
               us
               than
               some
               Acts
               might
               have
               done
               :
               to
               counsel
               His
               Majesty
               in
               things
               of
               that
               consequence
               ,
               it
               touches
               not
               only
               on
               the
               safety
               of
               His
               Majesties
               Crown
               ,
               but
               also
               on
               the
               Liberty
               of
               his
               People
               ,
               and
               may
               go
               beyond
               force
               ;
               for
               if
               my
               Lord
               of
               Strafford
               had
               brought
               in
               his
               8000
               Irish
               by
               force
               ,
               we
               might
               have
               withstood
               them
               by
               force
               .
            
             
               But
               when
               he
               goes
               to
               the
               Ear
               of
               a
               pious
               Prince
               ,
               and
               insinuates
               that
               we
               know
               not
               of
               ,
               and
               brings
               a
               desolation
               on
               a
               Kingdom
               ,
               who
               shall
               repell
               such
               Language
               ,
               when
               force
               may
               repell
               Forces
               ?
               And
               surely
               had
               he
               plotted
               and
               devised
               against
               His
               Majesty
               ,
               by
               any
               one
               (
               which
               God
               forbid
               he
               should
               ,
               or
               that
               His
               Majesty
               should
               be
               in
               that
               danger
               )
               the
               pretence
               of
               a
               Prince
               might
               have
               daunted
               a
               Traitor
               ,
               that
               he
               could
               not
               have
               done
               the
               work
               ;
               yet
               had
               he
               done
               it
               (
               which
               God
               forbid
               )
               a
               Prince
               ,
               may
               dye
               with
               fair
               reputation
               to
               posterity
               ;
               but
               when
               he
               shall
               inspire
               a
               Prince
               in
               his
               ear
               ,
               and
               provoke
               tyrannical
               Carriage
               to
               His
               Subjects
               ,
               he
               may
               abuse
               a
               good
               Prince
               ,
               but
               how
               he
               may
               leave
               him
               to
               posterity
               ,
               I
               leave
               to
               your
               Lordships
               .
            
             
               But
               my
               Lord
               stays
               not
               singly
               in
               Counsel
               and
               Advice
               ,
               but
               something
               was
               done
               upon
               it
               .
               I
               appeal
               to
               your
               Lordships
               ,
               when
               proof
               shall
               be
               brought
               in
               the
               case
               ;
               and
               First
               ,
               consider
               the
               misery
               that
               England
               is
               now
               in
               ,
               what
               could
               have
               been
               done
               more
               to
               have
               made
               us
               miserable
               ,
               but
               absolute
               desolation
               ?
               The
               Aldermen
               were
               committed
               that
               very
               day
               ,
               and
               though
               it
               cannot
               be
               proved
               ,
               he
               gave
               the
               immediate
               Counsel
               ,
               yet
               he
               gave
               the
               Counsel
               that
               hath
               been
               proved
               ,
               and
               that
               day
               four
               of
               them
               were
               committed
               ;
               and
               this
               the
               Aldermen
               are
               ready
               to
               prove
               .
            
             
               Sir
               
                 Henry
                 Garaway
              
               Interrogated
               ,
               Whether
               any
               of
               the
               Aldermen
               were
               committed
               ?
            
             
               He
               Answered
               ,
               That
               he
               shall
               not
               need
               to
               Answer
               that
               ;
               for
               my
               Lord
               
               will
               confess
               it
               ,
               there
               were
               four
               Aldermen
               committed
               ,
               Alderman
               Rainston
               ,
               Alderman
               Somes
               ,
               Alderman
               Geere
               ,
               Alderman
               Atkins
               ,
               and
               it
               was
               the
               same
               day
               they
               were
               there
               ,
               to
               give
               an
               account
               of
               the
               able
               Men
               ,
               and
               the
               loan
               of
               100000
               l.
               Their
               Answer
               not
               giving
               satisfaction
               ,
               they
               were
               committed
               the
               same
               day
               to
               several
               prisons
               ;
               by
               what
               Order
               or
               Direction
               he
               knows
               not
               .
            
             
             
               So
               Mr.
               Glyn
               desired
               their
               Lordships
               ,
               to
               observe
               the
               words
               proved
               against
               him
               ,
               That
               no
               good
               will
               be
               done
               on
               them
               ,
               till
               they
               were
               laid
               by
               the
               heels
               ,
               which
               my
               Lord
               sayes
               ,
               produced
               no
               effect
               ;
               yet
               that
               very
               day
               
               four
               were
               laid
               by
               the
               heels
               ,
               and
               it
               rests
               upon
               their
               Lordships
               Judgements
               ,
               by
               whose
               advice
               .
            
             
               And
               Mr.
               Strowde
               concluded
               ,
               That
               my
               Lord
               of
               Straffords
               Words
               and
               
               Actions
               Agree
               in
               this
               Kingdom
               ,
               and
               the
               miseries
               of
               this
               Kingdom
               ,
               do
               agree
               with
               his
               Words
               and
               Actions
               .
            
             
               
                 And
                 so
                 the
              
               26th
               Article
               
                 was
                 concluded
              
               .
            
          
           
             
             
             
               THE
               Seven
               and
               Twentieth
               Article
               .
               
                 The
                 Charge
              
               ,
            
             
               26
               THat
               in
               or
               about
               the
               month
               of
               August
               last
               ,
               he
               was
               made
               Lieutenant-General
               
               of
               all
               His
               Majesties
               ●orces
               in
               the
               North
               ,
               prepared
               against
               the
               Scots
               ;
               and
               being
               at
               York
               ,
               did
               then
               in
               the
               month
               of
               September
               ,
               by
               his
               own
               authority
               ,
               and
               without
               any
               lawful
               Warrant
               ,
               impose
               a
               Tax
               on
               His
               Majesties
               Subjects
               in
               the
               County
               of
               York
               of
               eight
               pence
               
                 per
                 diem
              
               ,
               for
               maintainance
               of
               every
               Soldier
               of
               the
               Trained-bands
               of
               that
               County
               ;
               which
               sums
               of
               Money
               he
               caused
               to
               be
               levied
               by
               force
               .
               And
               to
               the
               end
               to
               compel
               His
               Majesties
               Subjects
               ,
               out
               of
               fear
               and
               terror
               ,
               to
               yield
               to
               the
               payment
               of
               the
               same
               ;
               he
               did
               Declare
               ,
               that
               he
               would
               commit
               them
               that
               refused
               the
               payment
               thereof
               ;
               and
               the
               Soldiers
               should
               be
               satisfied
               out
               of
               their
               Estates
               ;
               and
               they
               that
               refused
               it
               ,
               were
               in
               very
               little
               better
               condition
               ,
               than
               of
               High
               Treason
               .
            
             
             
               MR.
               Maynard
               proceeded
               to
               the
               27
               
                 the
                 Article
              
               ;
               That
               the
               
               Earl
               of
               Strafford
               imposed
               a
               Tax
               on
               His
               Majesties
               Subjects
               ,
               in
               the
               County
               of
               York
               ,
               of
               8
               
                 d.
                 per
                 diem
              
               ,
               for
               the
               maintainance
               of
               every
               Soldier
               of
               the
               Trained
               Band
               of
               that
               County
               ,
               causing
               it
               to
               be
               levied
               by
               force
               ,
               Threatening
               them
               that
               refused
               with
               Commitment
               ,
               and
               that
               they
               that
               did
               not
               pay
               the
               Soldiers
               ,
               should
               be
               satisfied
               out
               of
               their
               Goods
               ,
               and
               they
               were
               in
               little
               better
               case
               ,
               than
               the
               case
               of
               High
               Treason
               ,
               that
               refused
               to
               pay
               .
            
             
               The
               state
               of
               their
               proofs
               will
               stand
               thus
               ;
               There
               were
               three
               Levies
               ;
               First
               ,
               a
               months
               Contribution
               ,
               and
               that
               was
               for
               the
               general
               ;
               The
               Second
               ,
               a
               Contribution
               for
               a
               fornight
               ,
               and
               that
               was
               for
               two
               particular
               Regiments
               or
               Companies
               ;
               A
               Third
               ,
               for
               a
               month
               more
               ,
               so
               it
               was
               for
               ten
               weeks
               in
               the
               whole
               .
            
             
               My
               Lord
               of
               Strafford
               pretends
               two
               things
               in
               his
               Answer
               for
               his
               excuse
               .
            
             
               First
               ,
               That
               it
               was
               upon
               a
               Petition
               from
               the
               Country
               ;
               To
               that
               we
               say
               this
               ,
               The
               Country
               did
               petition
               His
               Majesty
               ,
               offering
               their
               endeavour
               ,
               in
               that
               Petition
               they
               likewise
               desire
               a
               Parliament
               for
               redress
               of
               grievances
               ,
               with
               which
               Petition
               some
               principal
               Gentlemen
               of
               the
               Countrey
               ,
               attended
               my
               Lord
               of
               Strafford
               ,
               desiring
               his
               assistance
               ;
               He
               likes
               well
               the
               clause
               concerning
               the
               Petitioners
               endeavours
               ,
               but
               not
               that
               touching
               the
               Parliament
               ;
               and
               therefore
               he
               would
               not
               deliver
               it
               :
               though
               he
               said
               ,
               it
               would
               fall
               out
               ,
               there
               would
               be
               a
               Parliament
               ,
               His
               Majesty
               having
               resolved
               it
               ,
               but
               he
               likes
               not
               that
               they
               should
               Petition
               it
               .
               They
               refusing
               to
               retract
               from
               their
               Petition
               ,
               he
               doth
               in
               the
               name
               of
               some
               of
               his
               Lordships
               Friends
               ,
               and
               Dependants
               ,
               and
               Recusants
               ,
               prefer
               another
               Petition
               ,
               but
               it
               was
               when
               the
               Gentlemen
               of
               the
               Countrey
               were
               gone
               ,
               and
               so
               there
               was
               no
               consent
               of
               the
               Countrey
               .
            
             
               The
               other
               thing
               he
               pretends
               is
               ,
               That
               the
               Lords
               of
               the
               great
               Council
               ,
               had
               consented
               to
               that
               Imposition
               ,
               which
               we
               say
               is
               not
               true
               ,
               there
               was
               no
               such
               Consent
               or
               Direction
               ;
               yet
               this
               he
               said
               ,
               both
               in
               the
               Countrey
               ,
               and
               in
               his
               Answer
               ,
               and
               their
               Lordships
               best
               know
               ,
               that
               the
               Lords
               of
               the
               Great
               Council
               did
               not
               give
               that
               direction
               ,
            
             
               The
               first
               thing
               offered
               ,
               was
               the
               Petition
               first
               intended
               ,
               which
               Sir
               
                 Hugh
                 Cholmley
              
               ,
               and
               Sir
               
                 Philip
                 Stapleton
              
               affirming
               on
               oath
               ,
               to
               be
               the
               true
               Petition
               ,
               their
               Hands
               being
               to
               it
               amongst
               others
               ,
               was
               read
               ,
               being
               in
               effect
               .
            
             
             
               
                 
                   
                     
                       The
                       Humble
                       Petition
                       of
                       the
                       Gentlemen
                       of
                       the
                       County
                       YORK
                       .
                    
                     
                       
                         WHEREAS
                         Your
                         Majesty
                         imparted
                         to
                         us
                         the
                         danger
                         ,
                         by
                         the
                         incursions
                         of
                         the
                         Scots
                         ,
                         and
                         the
                         necessity
                         of
                         continuing
                         the
                         Trained-Bands
                         of
                         this
                         County
                         in
                         entertainment
                         for
                         two
                         Months
                         ,
                         and
                         raising
                         Money
                         so
                         long
                         ,
                         and
                         did
                         Royally
                         assure
                         us
                         ,
                         That
                         the
                         Wardships
                         of
                         such
                         as
                         dyed
                         in
                         this
                         Imployment
                         ,
                         should
                         be
                         freed
                         ,
                         and
                         one
                         third
                         part
                         of
                         the
                         Trained-Bands
                         should
                         be
                         abated
                         ,
                         for
                         which
                         we
                         acknowledge
                         our
                         bounden
                         thankfulness
                         ,
                         in
                         ready
                         obedience
                         of
                         Your
                         Majesties
                         Command
                         ,
                         we
                         have
                         represented
                         to
                         Your
                         Majesty
                         our
                         present
                         Condition
                         ,
                         and
                         in
                         the
                         entrance
                         of
                         the
                         business
                         ,
                         we
                         found
                         a
                         great
                         impediment
                         and
                         discouragement
                         ,
                         by
                         certain
                         Warrants
                         produced
                         for
                         levying
                         Money
                         ,
                         towards
                         this
                         new
                         service
                         ,
                         wherein
                         in
                         the
                         first
                         place
                         ,
                         we
                         cannot
                         omit
                         to
                         let
                         your
                         Majesty
                         know
                         ,
                         the
                         great
                         grief
                         we
                         have
                         ,
                         in
                         that
                         the
                         County
                         is
                         there
                         charged
                         with
                         disaffection
                         and
                         backwardness
                         therein
                         ,
                         which
                         as
                         we
                         are
                         confident
                         ,
                         we
                         never
                         were
                         guilty
                         of
                         ,
                         so
                         we
                         were
                         in
                         good
                         hope
                         ,
                         your
                         Majesty
                         had
                         received
                         no
                         such
                         Impression
                         of
                         us
                         .
                         And
                         in
                         the
                         next
                         place
                         ,
                         we
                         find
                         our selves
                         much
                         grieved
                         ,
                         that
                         the
                         execution
                         of
                         such
                         Warrants
                         ,
                         which
                         we
                         conceive
                         illegal
                         ,
                         should
                         be
                         concluded
                         and
                         urged
                         on
                         peril
                         of
                         life
                         ;
                         notwithstanding
                         the
                         strictness
                         of
                         which
                         Warrants
                         ,
                         we
                         find
                         divers
                         parts
                         of
                         the
                         County
                         have
                         not
                         been
                         able
                         to
                         pay
                         the
                         Money
                         demanded
                         ,
                         and
                         from
                         thence
                         ,
                         and
                         the
                         attestation
                         of
                         divers
                         Gentlemen
                         ,
                         we
                         are
                         assured
                         the
                         scarcity
                         of
                         Money
                         is
                         such
                         ,
                         that
                         it
                         is
                         diabled
                         from
                         satisfying
                         your
                         expectation
                         therein
                         ;
                         And
                         that
                         Your
                         Majesty
                         may
                         know
                         it
                         is
                         no
                         pretence
                         ,
                         but
                         a
                         real
                         poverty
                         ;
                         we
                         are
                         bold
                         to
                         represent
                         the
                         Charges
                         ,
                      
                       viz.
                       of
                       
                         
                           Ship-Money
                           .
                        
                         
                           Vast
                           expences
                           the
                           last
                           year
                           in
                           Military
                           affairs
                           .
                        
                         
                           The
                           Billeting
                           and
                           Insolency
                           of
                           Soldiers
                           this
                           Summer
                           ,
                           part
                           of
                           the
                           time
                           on
                           the
                           credit
                           of
                           the
                           County
                           .
                        
                         
                           Decay
                           of
                           Trade
                           .
                        
                         
                           Stop
                           of
                           Markets
                           .
                        
                      
                    
                     
                       Charge
                       of
                       Carriages
                       ,
                       especially
                       in
                       Harvest
                       ,
                       by
                       which
                       means
                       ,
                       not
                       only
                       the
                       common
                       people
                       ,
                       but
                       most
                       of
                       the
                       Gentry
                       ,
                       by
                       the
                       failing
                       of
                       Rents
                       ,
                       are
                       much
                       impoverished
                       :
                    
                     
                       
                         And
                         therefore
                         we
                         petition
                         Your
                         Majesty
                         ,
                         You
                         will
                         accept
                         our
                         endeavour
                         ,
                         to
                         prevail
                         with
                         the
                         Countrey
                         to
                         raise
                         so
                         much
                         Money
                         ,
                         as
                         will
                         pay
                         the
                         County
                         one
                         whole
                         month
                         ,
                         from
                         their
                         first
                         rising
                         ,
                         within
                         which
                         time
                         ,
                         (
                         as
                         is
                         generally
                         reported
                         )
                         Your
                         Majesty
                         hath
                         Commanded
                         the
                         attendance
                         of
                         the
                         Peers
                         ,
                         to
                         consult
                         for
                         the
                         safety
                         of
                         the
                         Kingdom
                         ,
                         and
                         pray
                         the
                         Trained-Bands
                         may
                         be
                         continued
                         in
                         the
                         Villages
                         ,
                         where
                         they
                         are
                         Quartered
                         ,
                         except
                         Your
                         occasions
                         otherwise
                         require
                         it
                         ;
                         and
                         in
                         the
                         interim
                         ,
                         for
                         the
                         redress
                         of
                         these
                         Grievances
                         ,
                         and
                         security
                         of
                         Your
                         Kingdom
                         ,
                         Your
                         Majesty
                         will
                         please
                         ,
                         to
                         Declare
                         Your
                         Pleasure
                         for
                         summoning
                         the
                         High
                         Court
                         of
                         Parliament
                         ,
                      
                       &c.
                       
                    
                  
                
              
            
             
             
               To
               prove
               that
               my
               Lord
               of
               Strafford
               refused
               to
               deliver
               this
               Petition
               ,
               and
               that
               another
               was
               framed
               ,
               to
               which
               the
               Countrey
               consented
               not
               .
            
             
               Sir
               
                 Hugh
                 Cholmley
              
               was
               Sworn
               and
               Interrogated
               ,
               whether
               this
               Petition
               
               was
               shewed
               my
               Lord
               of
               Strafford
               ,
               and
               whether
               he
               was
               not
               unwilling
               to
               deliver
               it
               ,
               and
               why
               ?
            
             
               He
               Answered
               ,
               That
               this
               Petition
               was
               shewed
               to
               my
               Lord
               of
               Strafford
               ,
               in
               the
               name
               of
               the
               Gentlemen
               that
               had
               subscribed
               it
               ,
               and
               it
               was
               delivered
               to
               him
               by
               my
               Lord
               Wharton
               ,
               and
               of
               those
               Gentlemen
               that
               subscribed
               their
               Hands
               ,
               many
               were
               gone
               out
               of
               Town
               ,
               and
               desired
               that
               those
               that
               staid
               in
               Town
               ,
               might
               attend
               my
               Lord
               Wharton
               ,
               and
               intreat
               him
               to
               deliver
               it
               to
               my
               Lord
               of
               Strafford
               ,
               and
               when
               it
               was
               delivered
               ,
               my
               Lord
               of
               Strafford
               took
               only
               exception
               (
               at
               least
               he
               the
               Examinant
               )
               is
               sure
               that
               was
               the
               chief
               exception
               )
               because
               they
               petitioned
               for
               a
               Parliament
               ;
               and
               said
               ,
               that
               leaving
               out
               that
               Clause
               ,
               he
               would
               joyn
               with
               him
               in
               the
               Petition
               .
            
             
               Being
               asked
               what
               he
               knew
               of
               another
               Petition
               framed
               afterwards
               ?
            
             
               He
               Answered
               ,
               That
               at
               that
               time
               no
               other
               Petition
               was
               framed
               ,
               by
               the
               Gentry
               of
               the
               Countrey
               ,
               this
               Petition
               being
               rejected
               ;
               for
               my
               Lord
               of
               Strafford
               went
               and
               delivered
               some
               message
               to
               the
               King
               (
               he
               thinks
               for
               the
               maintaining
               of
               the
               Trained-Bands
               a
               month
               )
               and
               many
               of
               them
               that
               did
               subscribe
               to
               the
               Petition
               not
               consenting
               to
               it
               ,
               met
               together
               ,
               intending
               to
               make
               a
               Petition
               and
               Protestation
               against
               it
               ,
               and
               did
               so
               ;
               intending
               to
               deliver
               it
               to
               His
               Majesty
               ,
               but
               it
               was
               not
               delivered
               .
            
             
               Being
               asked
               what
               Moneys
               were
               levied
               ,
               by
               whose
               Warrants
               ,
               and
               for
               what
               time
               ?
            
             
               He
               Answered
               ,
               That
               he
               can
               say
               nothing
               to
               the
               levying
               of
               Money
               ,
               but
               in
               general
               ,
               he
               thinks
               Money
               was
               levied
               .
            
             
               Sir
               
                 Henry
                 Cholmley
              
               Sworn
               and
               Interrogated
               ,
               what
               my
               Lord
               of
               Strafford
               
               said
               concerning
               Money
               ?
            
             
               He
               Answered
               ,
               That
               he
               had
               the
               Honor
               to
               be
               one
               of
               the
               Colonels
               of
               the
               Trained-Bands
               ,
               and
               received
               Command
               from
               my
               Lord
               of
               Strafford
               ,
               being
               Lieutenant-General
               of
               the
               Army
               ,
               to
               give
               account
               in
               what
               state
               his
               (
               the
               Examinants
               )
               Regiment
               stood
               ?
               of
               what
               strength
               it
               was
               ,
               and
               how
               provided
               of
               Money
               ?
               That
               he
               repaired
               to
               his
               Lordship
               ,
               and
               told
               him
               ,
               That
               notwithstanding
               the
               Warrants
               sent
               out
               ,
               they
               came
               not
               to
               him
               ,
               and
               unless
               he
               had
               Money
               shortly
               ,
               the
               Regiment
               would
               disband
               ;
               That
               his
               Lordship
               answered
               him
               ,
               he
               would
               send
               a
               Levy
               on
               the
               Goods
               of
               those
               that
               refused
               .
            
             
               Being
               asked
               (
               on
               my
               Lord
               of
               Straffords
               motion
               )
               whether
               he
               did
               so
               send
               ?
            
             
             
               He
               Answered
               ,
               No
               ;
               that
               he
               knows
               of
               .
            
             
               Sir
               
                 Iohn
                 Hotham
              
               Sworn
               and
               Interrogated
               ,
               what
               he
               knew
               touching
               the
               Petition
               ,
               and
               my
               Lord
               of
               Straffords
               rejecting
               it
               ?
            
             
               He
               Answered
               ,
               That
               concerning
               the
               Petition
               ,
               it
               is
               true
               ,
               that
               being
               to
               
               meet
               together
               in
               the
               afternoon
               at
               the
               Common
               Hall
               ,
               they
               did
               first
               consult
               ,
               what
               to
               represent
               to
               my
               Lord.
               
            
             
               But
               when
               they
               came
               there
               ,
               my
               Lord
               refused
               ,
               and
               made
               doubt
               of
               delivering
               the
               Petition
               ,
               unless
               they
               would
               put
               out
               the
               clause
               ,
               concerning
               the
               Parliament
               ,
               and
               some
               thought
               it
               fit
               to
               preferr
               it
               without
               it
               .
            
             
               Some
               of
               the
               Gentlemen
               that
               had
               petitioned
               ,
               went
               out
               ,
               and
               delivered
               in
               something
               to
               the
               King
               ,
               but
               what
               it
               was
               he
               knows
               not
               .
            
             
               And
               for
               levying
               of
               the
               Money
               ,
               he
               can
               say
               nothing
               to
               it
               ;
               Warrants
               were
               sent
               out
               by
               the
               Vice-President
               ,
               but
               how
               far
               my
               Lord
               was
               interested
               in
               it
               ,
               he
               can
               say
               nothing
               at
               all
               .
            
             
               Sir
               
                 Philip
                 Stapleton
              
               Sworn
               and
               Interrogated
               ,
               as
               to
               the
               delivering
               of
               the
               Petition
               .
            
             
               He
               Answered
               ,
               that
               for
               the
               Petition
               ,
               he
               can
               say
               his
               Countrey-men
               
               being
               sent
               for
               to
               York
               by
               the
               King
               ,
               and
               intimation
               given
               ,
               that
               they
               should
               keep
               their
               Trained-Bands
               for
               two
               months
               ,
               they
               desired
               time
               to
               give
               an
               answer
               ,
               which
               was
               allowed
               them
               as
               they
               desired
               ,
               till
               the
               next
               day
               .
               They
               met
               that
               night
               ,
               and
               though
               my
               Lord-Lieutenant
               desired
               to
               meet
               with
               them
               ,
               they
               met
               first
               by
               themselves
               ,
               and
               drew
               this
               Petition
               ;
               for
               my
               Lord
               being
               Lord
               Lieutenant-General
               ,
               and
               a
               Privy-Counsellor
               ,
               they
               should
               not
               have
               been
               so
               free
               to
               deliver
               their
               opinions
               ,
               though
               he
               (
               the
               Examinant
               )
               thinks
               some
               of
               them
               should
               have
               been
               free
               enough
               .
               They
               drew
               the
               Petition
               ,
               and
               he
               thinks
               there
               was
               100
               hands
               to
               it
               ,
               and
               being
               delivered
               to
               my
               Lord-Lieutenant
               ,
               he
               took
               exception
               ,
               because
               it
               concluded
               with
               desire
               of
               a
               Parliament
               ,
               and
               told
               them
               ,
               if
               they
               would
               leave
               out
               that
               Clause
               ,
               he
               would
               deliver
               it
               ,
               if
               not
               ,
               he
               would
               not
               ,
               and
               after
               long
               discourse
               (
               wherein
               he
               shewed
               much
               Eloquence
               )
               most
               of
               them
               continued
               their
               resolution
               to
               stand
               to
               that
               Petition
               ,
               and
               many
               went
               out
               of
               Town
               and
               left
               it
               ,
               without
               making
               question
               but
               it
               should
               be
               delivered
               to
               His
               Majesty
               .
               My
               Lord
               after
               put
               it
               to
               Vote
               ,
               whereof
               there
               were
               many
               Papists
               ,
               and
               on
               the
               Vote
               delivered
               an
               Answer
               ,
               what
               ,
               he
               (
               the
               Examinant
               )
               doth
               not
               know
               ,
               for
               he
               staid
               behind
               to
               draw
               another
               Petition
               ,
               and
               an
               humble
               protestation
               to
               His
               Majesty
               ,
               that
               this
               Petition
               was
               the
               Answer
               of
               the
               Countrey
               .
            
             
               Lord
               Wharton
               being
               Sworn
               and
               Examined
               to
               the
               point
               of
               the
               Petition
               ?
            
             
               His
               Lordship
               Answered
               ,
               That
               this
               was
               unexpected
               to
               him
               ,
               for
               he
               
               heard
               not
               of
               it
               from
               the
               Committee
               ,
               till
               he
               came
               into
               the
               place
               ,
               but
               he
               can
               perfectly
               speak
               to
               it
               ,
               having
               a
               little
               Interest
               in
               it
               ,
               himself
               being
               one
               of
               them
               who
               subscribed
               it
               ;
               That
               on
               Saturday
               in
               the
               afternoon
               ,
               being
               appointed
               to
               attend
               my
               Lord
               of
               
               Strafford
               touching
               this
               business
               (
               for
               most
               of
               the
               Gentlemen
               desiring
               to
               be
               at
               home
               )
               on
               a
               suddain
               went
               out
               of
               Town
               ,
               and
               desired
               him
               with
               some
               others
               ,
               to
               deliver
               this
               Petition
               to
               my
               Lord
               ,
               by
               his
               own
               hand
               ,
               to
               be
               delivered
               to
               the
               King
               ,
               he
               did
               so
               ,
               and
               accordingly
               desired
               my
               Lord
               to
               deliver
               it
               in
               the
               name
               of
               the
               Gentlemen
               ,
               that
               had
               set
               their
               Hands
               to
               it
               ,
               many
               being
               likewise
               with
               him
               on
               that
               occasion
               ;
               That
               my
               Lord
               of
               Strafford
               took
               exception
               to
               the
               clause
               for
               a
               Parliament
               ,
               and
               said
               ,
               That
               if
               they
               would
               put
               that
               out
               ,
               he
               would
               joyn
               in
               the
               rest
               of
               the
               Petition
               .
               Divers
               of
               the
               Gentlemen
               that
               were
               there
               (
               there
               being
               not
               many
               that
               had
               set
               their
               hands
               )
               would
               not
               goe
               back
               from
               that
               ,
               which
               with
               so
               much
               Humility
               and
               Reason
               ,
               they
               thought
               was
               desired
               ;
               thereupon
               my
               Lord
               would
               not
               deliver
               it
               ,
               and
               went
               to
               the
               King.
               But
               they
               that
               thought
               not
               fit
               to
               have
               the
               Petition
               altered
               ,
               thought
               not
               fit
               to
               go
               with
               him
               to
               the
               King
               ;
               and
               what
               he
               said
               ,
               he
               (
               the
               Examinant
               )
               knows
               not
               .
            
             
               Sir
               
                 William
                 Pennyman
              
               being
               Sworn
               and
               Interrogated
               ,
               Whether
               a
               Warrant
               now
               shewed
               him
               ,
               was
               not
               under
               His
               Hand
               and
               Seal
               ?
            
             
               He
               confessed
               it
               was
               his
               Hand
               and
               Seal
               .
               
            
             
               And
               that
               being
               desired
               to
               be
               read
               ,
            
             
               Sir
               
                 William
                 Pennyman
              
               offered
               to
               their
               Lordships
               ,
               that
               he
               presumes
               he
               comes
               to
               be
               a
               Witness
               against
               my
               Lord
               of
               Strafford
               ,
               not
               himself
               ,
               and
               referred
               it
               to
               their
               Lordships
               ,
               whether
               he
               should
               answer
               any
               thing
               against
               himself
               ,
               this
               having
               an
               oblique
               aspect
               on
               himself
               ;
               but
               if
               their
               Lordships
               will
               require
               him
               ,
               he
               will
               submit
               .
            
             
               But
               Mr.
               Maynard
               upon
               opening
               of
               the
               matter
               ,
               shewing
               that
               they
               urge
               
               it
               only
               ,
               as
               grounded
               on
               my
               Lord
               of
               
               Strafford's
               Command
               for
               levying
               of
               Moneys
               .
            
             
               It
               was
               read
               ,
               being
               to
               this
               effect
               .
            
             
               
                 
                   
                     
                       To
                       the
                       Constable
                       of
                       Sergeant-Major
                       
                       Yaworthe's
                       Company
                       .
                    
                     
                       WHereas
                       the
                       Lord-Lieutenant-General
                       of
                       His
                       Majesties
                       Army
                       ,
                       by
                       His
                       Majesties
                       Command
                       ,
                       sent
                       forth
                       Warrants
                       to
                       the
                       Constable
                       of
                       this
                       Weapontake
                       of
                       Longborough
                       ,
                       for
                       Collecting
                       and
                       Paying
                       the
                       Soldiers
                       of
                       my
                       Regiment
                       ,
                       Six
                       weeks
                       pay
                       ,
                       to
                       be
                       delivered
                       from
                       my
                       hands
                       ,
                       which
                       is
                       not
                       yet
                       received
                       from
                       ,
                       &c.
                       
                    
                     
                       These
                       are
                       therefore
                       once
                       more
                       in
                       His
                       Majesties
                       Name
                       ,
                       to
                       Will
                       and
                       Require
                       you
                       forthwith
                       ,
                       to
                       pay
                       ,
                       or
                       cause
                       to
                       be
                       paid
                       to
                       the
                       said
                       Sergeant-Major
                       ,
                       the
                       several
                       Rates
                       and
                       Proportions
                       ,
                       both
                       of
                       the
                       First
                       and
                       Second
                       Contribution
                       ,
                       Assessed
                       on
                       your-Town
                       ,
                       &c.
                       
                       And
                       if
                       any
                       person
                       or
                       persons
                       shall
                       refuse
                       so
                       to
                       do
                       ,
                       you
                       are
                       instantly
                       on
                       receit
                       hereof
                       ,
                       to
                       bring
                       him
                       or
                       them
                       ,
                       &c.
                       to
                       serve
                       in
                       their
                       own
                       persons
                       ,
                       for
                       the
                       defence
                       of
                       this
                       County
                       ,
                       as
                       the
                       necessity
                       of
                       this
                       Cause
                       requires
                       ;
                       And
                       hereof
                       ,
                       &c.
                       fail
                       not
                    
                     
                       
                         
                           19
                           Octob.
                           1640.
                           
                        
                      
                    
                  
                
              
            
             
             
               Sir
               
                 William
                 Pennyman
              
               being
               Asked
               ,
               Whether
               the
               Warrant
               was
               grounded
               on
               a
               former
               Command
               of
               my
               Lord
               of
               Strafford
               ?
            
             
               He
               Answered
               ,
               That
               he
               cannot
               directly
               speak
               to
               that
               ,
               he
               will
               not
               charge
               his
               memory
               with
               it
               ;
               for
               ,
               he
               thinks
               ,
               the
               first
               Warrant
               was
               issued
               by
               the
               Vice-President
               ,
               and
               ,
               whether
               any
               was
               issued
               by
               my
               Lord
               of
               Straffords
               direction
               ,
               he
               cannot
               Answer
               precisely
               ,
               but
               he
               conceives
               there
               was
               ;
               and
               ,
               he
               hath
               a
               confused
               notion
               in
               his
               head
               ,
               but
               he
               cannot
               particularly
               and
               distinctly
               remember
               it
               .
            
             
               Being
               Asked
               ,
               Whether
               he
               knew
               any
               Deputy-Lieutenants
               were
               drawn
               to
               issue
               a
               Warrant
               ,
               to
               levy
               money
               on
               the
               Country
               on
               this
               ground
               ,
               that
               the
               Lords
               of
               the
               Great
               Council
               had
               consented
               to
               it
               ?
            
             
               He
               Answered
               ,
               That
               he
               conceives
               they
               were
               summoned
               thither
               together
               ,
               and
               on
               this
               occasion
               ;
               when
               the
               Trayned-Bands
               were
               disbanded
               ,
               it
               was
               thought
               fit
               the
               Frontier-Regiments
               ,
               viz.
               his
               (
               the
               Examinants
               )
               and
               Sir
               
                 Thomas
                 Danbies
              
               ,
               should
               be
               continued
               ,
               but
               he
               (
               the
               Examinant
               )
               Conceiving
               it
               unreasonable
               and
               unequal
               ,
               that
               they
               should
               continue
               at
               their
               own
               Charge
               ,
               and
               the
               rest
               not
               tributary
               to
               them
               ;
               and
               ,
               at
               least
               ,
               they
               not
               being
               ordered
               to
               march
               successively
               to
               relieve
               them
               ;
               he
               (
               the
               Examinant
               )
               complained
               thereof
               to
               my
               Lord
               of
               Strafford
               ,
               they
               were
               thereupon
               sent
               for
               ,
               and
               an
               Order
               was
               made
               ,
               to
               which
               he
               (
               the
               Examinant
               )
               refers
               himself
               .
            
             
               Being
               asked
               ,
               Whether
               it
               was
               not
               to
               this
               effect
               ,
               Whether
               those
               that
               would
               not
               pay
               their
               Money
               ,
               should
               serve
               in
               Person
               ?
            
             
               He
               Answered
               ,
               Sure
               he
               believes
               it
               was
               ,
               for
               his
               Warrant
               is
               a
               relative
               Warrant
               to
               that
               other
               .
            
             
               Being
               Asked
               ,
               On
               what
               Grounds
               the
               Deputy
               Lieutenants
               were
               induced
               ,
               to
               make
               such
               an
               Order
               ?
               and
               ,
               Whether
               it
               was
               not
               on
               an
               Allegation
               ,
               that
               the
               Lords
               of
               the
               Great
               Council
               had
               Consented
               ,
               or
               Commanded
               ,
               it
               should
               be
               done
               ?
            
             
               He
               Answered
               ,
               That
               he
               presumes
               it
               is
               matter
               of
               Record
               ,
               if
               a
               man
               may
               say
               so
               ,
               for
               the
               Warrant
               will
               speak
               :
               But
               ,
               he
               presumes
               there
               was
               some
               such
               thing
               spoken
               by
               my
               Lord
               of
               Strafford
               ,
               that
               he
               had
               acquainted
               His
               Majesty
               with
               it
               ,
               or
               the
               Greatest
               Counsel
               ,
               or
               to
               that
               effect
               ,
               and
               that
               induced
               them
               to
               put
               that
               into
               the
               Preamble
               of
               the
               Order
               .
            
             
               Being
               prest
               to
               speak
               his
               knowledge
               ,
            
             
               He
               Answered
               ,
               That
               truely
               he
               verily
               believes
               it
               was
               so
               .
            
             
               Being
               prest
               again
               to
               speak
               his
               knowledge
               positively
               .
            
             
               He
               Answered
               ,
               That
               he
               doth
               very
               Confidently
               and
               assuredly
               believe
               it
               is
               so
               ,
               but
               he
               doth
               not
               particularly
               remember
               it
               ,
               for
               it
               is
               a
               
               great
               while
               since
               he
               saw
               that
               Warrant
               :
               but
               ,
               it
               is
               matter
               of
               Record
               ,
               and
               if
               he
               sees
               a
               Copy
               of
               the
               Warrant
               ,
               he
               shall
               let
               their
               Lordships
               know
               ,
               whether
               it
               be
               a
               true
               Copy
               .
            
             
               Being
               prest
               further
               to
               Answer
               ,
               Upon
               what
               ground
               it
               was
               made
               ?
               And
               ,
               whether
               upon
               an
               Allegation
               of
               a
               Consent
               ,
               of
               the
               Lords
               of
               the
               great
               Council
               ?
            
             
               He
               Answered
               ,
               That
               he
               cannot
               further
               Answer
               than
               before
               :
               he
               doth
               very
               confidently
               believe
               it
               to
               be
               so
               ;
               for
               ,
               he
               doth
               remember
               ,
               my
               Lord
               of
               Strafford
               told
               them
               ,
               he
               had
               acquainted
               the
               Kings
               Majesty
               ,
               or
               the
               Lords
               of
               the
               Great
               Council
               ,
               which
               induced
               them
               to
               put
               them
               into
               the
               preamble
               of
               the
               Order
               .
            
             
               Being
               yet
               urged
               to
               answer
               Categorically
               .
            
             
               He
               Answered
               ,
               That
               he
               verily
               believes
               my
               Lord
               did
               so
               ;
               and
               that
               under
               favour
               reaches
               almost
               to
               a
               knowledge
               ,
               the
               thing
               is
               so
               notorious
               ,
               that
               the
               thing
               it self
               may
               be
               known
               .
            
             
               Being
               required
               to
               speak
               his
               knowledge
               ,
               Whether
               my
               Lord
               of
               Strafford
               told
               them
               ,
               the
               Lords
               had
               Commanded
               ,
               or
               Consented
               to
               it
               ?
            
             
               He
               Answered
               ,
               When
               that
               was
               spoken
               of
               ,
               he
               was
               out
               of
               the
               Room
               ,
               and
               it
               was
               drawn
               by
               Mr.
               Rockley
               a
               Deputy
               Lieutenant
               ;
               but
               ,
               Mr.
               Rockley
               told
               him
               my
               Lord
               did
               say
               so
               .
            
             
               Being
               yet
               again
               prest
               to
               a
               positive
               Answer
               (
               Mr.
               Maynard
               observing
               to
               their
               Lordships
               ,
               That
               when
               a
               Gentleman
               is
               brought
               upon
               his
               Oath
               in
               a
               Cause
               of
               this
               Consequence
               ,
               this
               Dalliance
               is
               not
               to
               be
               admitted
               .
               )
            
             
               He
               Answered
               ,
               That
               he
               Answer'd
               as
               clearly
               as
               can
               be
               ,
               And
               the
               Gentlemen
               will
               not
               press
               him
               beyond
               his
               knowledge
               ;
               He
               sayes
               ,
               he
               doth
               confidently
               believe
               it
               ,
               but
               ,
               under
               favour
               he
               was
               not
               at
               that
               time
               in
               the
               Room
               ,
               but
               Mr.
               Rockley
               told
               him
               ,
               My
               Lord
               of
               Strafford
               had
               acquainted
               the
               King
               and
               the
               Great
               Council
               .
            
             
               Mr.
               Maynard
               observing
               ,
               That
               now
               he
               speaks
               less
               then
               before
               ;
               and
               desired
               he
               might
               be
               Interrogated
               ,
               Whether
               at
               that
               time
               ,
               or
               at
               any
               other
               time
               ,
               my
               Lord
               of
               Strafford
               told
               him
               ,
               The
               Lords
               of
               the
               Great
               Council
               had
               assented
               to
               this
               Levy
               .
            
             
               Which
               being
               proposed
               ;
            
             
               He
               Answered
               ,
               He
               doth
               confidently
               believe
               my
               Lord
               did
               it
               ;
               It
               may
               be
               proved
               by
               a
               great
               many
               others
               ;
               but
               he
               is
               confident
               of
               this
               ,
               as
               of
               any
               thing
               in
               the
               World
               ,
               that
               my
               Lord
               did
               tell
               them
               ,
               when
               they
               went
               to
               draw
               the
               Warrant
               ,
               That
               my
               Lord
               had
               acquainted
               the
               Lords
               of
               the
               Great
               Council
               ,
               and
               His
               Majesty
               ,
               and
               that
               he
               did
               it
               by
               their
               Consent
               ;
               and
               ,
               therefore
               they
               put
               it
               into
               the
               Preamble
               of
               their
               Order
               .
            
             
             
               Sir
               
                 Hen.
                 Griffin
              
               Sworn
               and
               Interrogated
               ,
               Whether
               my
               Lord
               of
               Strafford
               said
               ,
               The
               Lords
               of
               the
               Great
               Council
               had
               consented
               to
               the
               levying
               of
               Money
               ?
            
             
               He
               Answered
               ,
               He
               heard
               my
               Lord
               say
               so
               indeed
               (
               or
               else
               they
               had
               not
               
               set
               their
               hands
               to
               the
               Order
               )
               that
               he
               had
               direction
               from
               the
               Great
               Council
               ,
               to
               levy
               Money
               for
               Sir
               
                 William
                 Pennyman
              
               ,
               and
               Sir
               
                 Tho.
                 Danbies
              
               Regiments
               .
            
             
               Being
               Interrogated
               ,
               In
               what
               manner
               the
               Money
               was
               to
               be
               Levyed
               ?
            
             
               He
               Answered
               ,
               That
               he
               doth
               not
               know
               in
               what
               manner
               .
            
             
               Being
               Asked
               (
               on
               my
               Lord
               of
               Clares
               Motion
               )
               What
               he
               meant
               by
               this
               Direction
               ?
               
            
             
               He
               Answered
               ,
               That
               there
               was
               an
               Order
               made
               from
               all
               them
               that
               were
               Deputy-Lieutenants
               ,
               and
               my
               Lord
               of
               Strafford
               as
               one
               ;
               and
               this
               is
               the
               Order
               concerning
               the
               levying
               of
               Money
               for
               the
               two
               Regiments
               .
            
             
               Being
               Asked
               (
               on
               Mr.
               Glyns
               Motion
               )
               Whether
               my
               Lord
               of
               Strafford
               
               had
               not
               directed
               the
               money
               to
               be
               levied
               in
               manner
               as
               is
               exprest
               in
               the
               Order
               ?
            
             
               He
               Answered
               ,
               That
               to
               his
               best
               Remembrance
               ,
               my
               Lord
               did
               say
               so
               ,
               he
               must
               confess
               .
            
             
               Being
               Asked
               ,
               Whether
               in
               case
               any
               refused
               to
               pay
               this
               money
               ,
               they
               were
               not
               to
               be
               compelled
               to
               serve
               in
               person
               ?
            
             
               He
               Answered
               ,
               There
               was
               such
               a
               Clause
               in
               the
               Order
               ,
               to
               his
               best
               Remembrance
               .
            
             
               Mr.
               
                 Robert
                 Strickland
              
               Sworn
               ,
               and
               Interrogated
               ,
               Whether
               my
               Lord
               of
               
               Strafford
               said
               ,
               The
               Great
               Council
               had
               directed
               Warrants
               should
               be
               issued
               for
               the
               levying
               of
               Money
               ?
            
             
               He
               Answered
               ,
               Yes
               .
               It
               cannot
               be
               deny'd
               :
               He
               (
               the
               Examinant
               )
               gave
               a
               Copy
               of
               that
               Order
               ,
               when
               the
               last
               Commissioners
               were
               at
               Rippon
               ;
               and
               he
               saw
               a
               Gentleman
               even
               now
               behind
               him
               ,
               that
               had
               a
               Copy
               of
               the
               Order
               and
               Warrant
               ,
               and
               it
               is
               declared
               ,
               that
               it
               was
               done
               by
               the
               Great
               Council
               of
               the
               Peers
               .
            
             
               Sir
               
                 Iohn
                 Burroughes
              
               Sworn
               and
               Interrogated
               ,
               Whether
               he
               knew
               of
               any
               such
               VVarrant
               ,
               or
               Order
               ,
               for
               levying
               money
               for
               those
               two
               Regiments
               ?
               
            
             
               He
               humbly
               intreated
               ,
               That
               he
               might
               have
               their
               Lordships
               direction
               ,
               before
               he
               Answered
               the
               Question
               ;
               for
               ,
               their
               Lordships
               know
               very
               well
               ,
               that
               ,
               by
               His
               Majesties
               Command
               ,
               he
               was
               appointed
               to
               
               be
               Clerk
               or
               Register
               of
               the
               Great
               Council
               :
               Moreover
               ,
               he
               conceives
               ,
               That
               (
               by
               his
               duty
               ,
               all
               Orders
               and
               Resolutions
               of
               the
               House
               ,
               especially
               those
               that
               concerned
               third
               Parties
               ,
               without
               asking
               leave
               )
               he
               was
               to
               deliver
               to
               the
               parties
               ,
               if
               they
               required
               them
               :
               But
               ,
               for
               such
               Debates
               and
               Arguments
               ,
               as
               were
               used
               in
               the
               Great
               Council
               ,
               to
               and
               again
               ,
               between
               their
               Lordships
               ,
               he
               humbly
               intreated
               their
               Lordships
               Direction
               ,
               VVhether
               he
               should
               publish
               any
               thing
               of
               them
               or
               no
               ?
               And
               ,
               upon
               their
               Lordships
               Order
               ,
               he
               shall
               clearly
               ,
               and
               with
               all
               integrity
               ,
               deliver
               the
               truth
               .
            
             
               Being
               permitted
               by
               their
               Lordships
               ,
               to
               speak
               to
               the
               Questions
               propounded
               .
            
             
               He
               proceeded
               ,
               and
               said
               ,
               That
               he
               hath
               very
               good
               cause
               to
               remember
               ,
               that
               upon
               the
               20th
               of
               October
               ,
               he
               went
               to
               my
               Lords
               Commissioners
               for
               the
               Scotch
               Treaty
               at
               Ripon
               ,
               and
               ,
               upon
               that
               day
               ,
               there
               were
               two
               prime
               Gentlemen
               of
               those
               parts
               ,
               that
               came
               and
               attended
               the
               Lords
               ,
               he
               thinks
               ,
               about
               business
               of
               their
               own
               ,
               and
               ,
               he
               supposes
               ,
               only
               to
               tender
               their
               service
               to
               their
               Lordships
               ;
               That
               ,
               amongst
               some
               other
               Discourses
               betwixt
               the
               Lords
               and
               them
               ,
               they
               mentioned
               some
               such
               Order
               as
               this
               was
               ,
               concerning
               the
               relieving
               of
               the
               two
               Regiments
               ,
               that
               were
               for
               the
               Guard
               of
               Richmondshire
               ,
               and
               some
               other
               of
               those
               parts
               ,
               made
               ,
               as
               they
               said
               ,
               by
               the
               Great
               Council
               of
               the
               Peers
               ;
               and
               thereupon
               ,
               that
               themselves
               ,
               my
               Lord
               of
               Strafford
               ,
               and
               the
               rest
               of
               the
               Deputy-Lieutenants
               ,
               had
               granted
               out
               VVarrants
               ,
               for
               the
               Assessing
               of
               Money
               for
               the
               relieving
               of
               those
               Regiments
               ;
               Those
               that
               heard
               it
               were
               startled
               at
               the
               Order
               ,
               being
               said
               to
               be
               an
               Order
               of
               the
               Great
               Council
               ;
               and
               commanded
               him
               (
               the
               Examinant
               )
               to
               inform
               them
               ,
               VVhether
               he
               knew
               of
               any
               such
               Order
               ?
               he
               told
               them
               ,
               He
               remembers
               not
               any
               such
               Order
               ,
               and
               was
               confident
               he
               never
               drew
               up
               any
               ,
               because
               he
               never
               heard
               any
               mention
               of
               those
               two
               Regiments
               in
               the
               Great
               Council
               .
               Their
               Lordships
               asking
               him
               ,
               whether
               he
               was
               sure
               of
               it
               ?
               he
               told
               their
               Lordships
               he
               would
               look
               on
               his
               Notes
               ,
               and
               faithfully
               inform
               them
               how
               the
               case
               stood
               ,
               he
               did
               so
               ,
               and
               came
               back
               to
               their
               Lordships
               ,
               and
               told
               them
               he
               found
               nothing
               in
               his
               Notes
               of
               these
               Regiments
               ;
               and
               while
               he
               was
               there
               ,
               he
               was
               confident
               no
               Order
               was
               drawn
               up
               ;
               It
               is
               true
               ,
               (
               he
               told
               their
               Lordships
               )
               some
               Order
               might
               be
               drawn
               up
               ,
               when
               he
               was
               absent
               ,
               for
               he
               was
               first
               at
               Ripon
               ,
               and
               at
               York
               he
               was
               oftentimes
               employed
               in
               the
               Committee
               to
               write
               Letters
               and
               Orders
               ,
               and
               what
               was
               done
               in
               his
               absence
               ,
               he
               could
               give
               no
               answer
               to
               ;
               but
               confident
               he
               was
               ,
               no
               Order
               was
               made
               before
               the
               20th
               of
               October
               by
               him
               ,
               or
               in
               his
               hearing
               or
               knowledge
               .
               Hereupon
               the
               Lords
               desired
               those
               two
               Gentlemen
               ,
               to
               give
               them
               Copies
               of
               the
               Warrants
               they
               had
               sent
               out
               ,
               And
               that
               he
               (
               the
               Examinant
               )
               should
               take
               their
               Testimony
               ,
               which
               he
               did
               ;
               this
               was
               the
               Twentieth
               or
               Twenty
               seventh
               of
               October
               ,
               which
               was
               the
               last
               day
               of
               the
               Great
               Council
               of
               the
               Peers
               .
               My
               Lord
               of
               Strafford
               in
               Council
               then
               did
               take
               notice
               ,
               that
               some
               such
               thing
               had
               been
               done
               at
               Ripon
               ,
               and
               then
               said
               to
               my
               Lord
               ,
               that
               
               he
               did
               conceive
               he
               had
               the
               Kings
               Order
               ,
               and
               their
               Lordships
               Approbation
               ,
               for
               the
               issuing
               out
               of
               this
               VVarrant
               .
               But
               ,
               since
               ,
               he
               conceived
               their
               Lordships
               disliked
               it
               ,
               he
               had
               taken
               Copies
               of
               it
               ,
               he
               was
               very
               willing
               to
               withdraw
               these
               Warrants
               ;
               And
               ,
               on
               Debate
               ,
               there
               was
               nothing
               more
               done
               ;
               For
               his
               part
               ,
               he
               never
               drew
               up
               an
               Order
               ,
               nor
               was
               he
               commanded
               to
               draw
               it
               up
               .
            
             
               Being
               Asked
               (
               on
               my
               Lord
               of
               Straffords
               Motion
               )
               Whether
               on
               that
               last
               day
               ,
               His
               Majesty
               was
               not
               pleased
               to
               say
               in
               the
               Council
               ,
               That
               what
               the
               Earl
               of
               Strafford
               did
               in
               that
               Affair
               ,
               was
               with
               His
               consent
               ?
            
             
               He
               Answered
               ,
               It
               is
               true
               ,
               He
               did
               give
               his
               consent
               to
               it
               ,
               and
               commanded
               him
               to
               go
               on
               with
               it
               ;
               when
               he
               (
               the
               Earl
               of
               Strafford
               )
               desired
               ,
               if
               any
               thing
               were
               amiss
               in
               it
               ,
               he
               might
               call
               back
               his
               Warrant
               again
               ,
               and
               that
               he
               might
               easily
               do
               it
               ,
               and
               no
               hurt
               would
               come
               of
               it
               ;
               and
               ,
               whether
               His
               Majesty
               did
               thereupon
               affirm
               ,
               that
               my
               Lord
               of
               Strafford
               had
               formerly
               acquainted
               Him
               with
               it
               ,
               and
               He
               Commanded
               him
               to
               go
               on
               ?
            
             
               He
               Answered
               ,
               That
               it
               is
               very
               true
               ,
               My
               Lord
               Deputy
               appealed
               to
               the
               King
               ,
               VVhether
               he
               had
               not
               His
               Majesties
               Approbation
               and
               Order
               for
               it
               ?
               and
               ,
               the
               King
               said
               ,
               He
               did
               acquaint
               Him
               with
               it
               before
               the
               Lords
               ;
               But
               not
               (
               to
               his
               Knowledge
               )
               that
               He
               commanded
               him
               to
               proceed
               .
            
             
               Being
               Asked
               (
               on
               my
               Lord
               of
               Essex
               motion
               )
               VVhether
               some
               of
               the
               Lords
               did
               not
               take
               exception
               at
               the
               VVarrant
               ,
               and
               likewise
               thought
               fit
               ,
               it
               should
               be
               called
               in
               again
               ?
            
             
               He
               Answered
               ,
               That
               the
               Vote
               generally
               of
               the
               Lords
               was
               against
               the
               VVarrant
               ;
               but
               ,
               he
               remembers
               not
               any
               thing
               said
               for
               the
               recalling
               of
               it
               ;
               but
               ,
               they
               absolutely
               declined
               the
               making
               of
               any
               such
               VVarrant
               .
            
             
               Being
               Asked
               (
               on
               my
               Lord
               of
               Straffords
               motion
               )
               VVhether
               it
               was
               Voted
               or
               no
               ?
            
             
               He
               Answered
               ,
               That
               it
               was
               spoken
               to
               by
               several
               of
               my
               Lords
               ,
               but
               all
               declined
               it
               .
            
             
               Being
               Asked
               ,
               VVhether
               he
               had
               the
               VVarrant
               ,
               or
               a
               true
               Copy
               of
               it
               ?
            
             
               He
               Answered
               ,
               He
               hath
               a
               Copy
               of
               that
               which
               was
               delivered
               him
               ,
               by
               the
               two
               Gentlemen
               that
               were
               then
               at
               Ripon
               ,
               and
               their
               hands
               are
               to
               it
               ,
               to
               attest
               it
               ;
               and
               ,
               he
               saw
               them
               set
               their
               hands
               to
               it
               himself
               .
            
             
               Being
               bid
               to
               name
               the
               two
               Gentlemen
               .
            
             
               He
               said
               ,
               They
               were
               Mr.
               
                 Robert
                 Strickland
              
               ,
               and
               Mr.
               Mallard
               ,
               VVho
               did
               affirm
               ,
               That
               ,
               to
               the
               best
               of
               their
               remembrance
               ,
               this
               is
               a
               true
               Copy
               of
               the
               VVarrant
               ,
               sent
               out
               to
               the
               several
               Divisions
               .
            
             
             
               To
               prove
               Execution
               by
               force
               ,
            
             
               Mr.
               
                 Henry
                 Cholmeley
              
               Interrogated
               ,
               What
               he
               heard
               the
               Earl
               of
               Strafford
               say
               ,
               touching
               the
               Vice-Presidents
               issuing
               of
               Warrants
               ?
            
             
               He
               Answered
               ,
               That
               shortly
               after
               my
               Lord
               of
               Straffords
               coming
               to
               
               York
               ,
               in
               the
               Presence-Chamber
               at
               York
               ,
               he
               (
               the
               Examinant
               )
               among
               some
               other
               Gentlemen
               ,
               were
               summoned
               to
               be
               there
               ,
               where
               my
               Lord
               of
               Strafford
               ,
               speaking
               of
               the
               Trained-Bands
               ,
               occasion
               was
               offered
               by
               another
               that
               was
               there
               ,
               How
               the
               private
               ,
               or
               common-men
               should
               be
               maintained
               ?
               My
               Lord
               of
               Strafford
               Answered
               ,
               It
               had
               been
               always
               the
               Custom
               ,
               that
               the
               private
               men
               should
               serve
               themselves
               in
               person
               ,
               or
               maintain
               the
               charge
               of
               them
               that
               served
               for
               them
               ;
               and
               ,
               the
               common
               mens
               charge
               is
               borne
               by
               the
               several
               Constables
               in
               the
               Towns
               where
               they
               live
               :
               And
               ,
               he
               said
               to
               His
               Majesty
               ,
               Sir
               ,
               if
               you
               please
               ,
               Mr.
               Vice-President
               may
               ,
               or
               shall
               (
               the
               Examinant
               knows
               not
               which
               )
               send
               out
               Warrants
               to
               that
               purpose
               ;
               but
               ,
               whether
               he
               sent
               out
               any
               or
               no
               ,
               he
               cannot
               tell
               .
            
             
               
                 William
                 Dowsen
              
               Sworn
               ,
               and
               Interrogated
               ,
               How
               he
               hath
               known
               those
               moneys
               for
               the
               Trained-Bands
               ,
               levyed
               ?
            
             
               He
               Answered
               ,
               (
               His
               Answer
               being
               commanded
               by
               the
               Clark
               ,
               the
               Witnesses
               
               having
               a
               low
               voice
               .
               )
               That
               Mr.
               Yaworth
               ,
               Sergeant-Major
               to
               Sir
               
                 William
                 Pennyman
              
               ,
               came
               with
               Four
               Musketiers
               to
               the
               Lordship
               of
               Egton
               ,
               and
               sent
               them
               for
               Assessors
               ,
               and
               when
               the
               Assessors
               came
               ,
               they
               were
               importuned
               to
               have
               them
               Assess
               (
               for
               they
               had
               been
               unwilling
               to
               Assess
               )
               and
               ,
               if
               they
               would
               not
               ,
               they
               should
               answer
               it
               before
               my
               Lord
               General
               ,
               and
               then
               they
               consented
               to
               Assess
               ;
               and
               he
               shewed
               a
               Warrant
               from
               Sir
               
                 William
                 Pennyman
              
               ,
               and
               gave
               it
               to
               the
               Constable
               for
               the
               Collection
               of
               the
               Money
               .
            
             
               Being
               Asked
               ,
               VVhether
               he
               threatned
               ,
               That
               he
               should
               serve
               in
               person
               ,
               if
               he
               did
               not
               pay
               ?
            
             
               He
               Answered
               ,
               Yes
               ,
               by
               Serjeant-Major
               Yaworth
               ,
               and
               so
               he
               served
               under
               Sir
               
                 William
                 Pennymans
              
               Regiment
               .
            
             
               Being
               Asked
               (
               on
               my
               Lord
               of
               Straffords
               motion
               )
               VVhether
               he
               saw
               any
               VVarrant
               of
               his
               ?
            
             
               He
               Answered
               ,
               No.
               
            
             
               Being
               Asked
               ,
               VVhether
               the
               Four
               Musketiers
               did
               not
               go
               along
               with
               the
               Constable
               ,
               from
               place
               to
               place
               to
               levy
               the
               money
               ?
            
             
               He
               Answered
               ,
               Two
               Musketiers
               went
               with
               every
               Constable
               to
               levy
               it
               .
            
             
             
               
                 William
                 Pierson
              
               Sworn
               ,
               and
               Interrogated
               ,
               VVhether
               Four
               Musketiers
               ,
               or
               Soldiers
               ,
               did
               not
               come
               to
               Collect
               this
               Money
               ?
            
             
               He
               Answered
               ,
               Yes
               .
               And
               he
               saw
               them
               in
               the
               Town
               ,
               go
               altogether
               
               in
               with
               the
               Constables
               ;
               but
               ,
               in
               the
               Deales
               or
               outsides
               ,
               there
               went
               but
               with
               each
               Constable
               one
               ;
               The
               Lordship
               consists
               of
               Long
               Deales
               ,
               distant
               one
               from
               another
               12
               score
               ,
               and
               ,
               in
               those
               out-places
               ,
               one
               went
               with
               a
               Constable
               ,
               but
               ,
               in
               the
               Town
               ,
               all
               four
               went.
               
            
             
               Being
               Interrogated
               ,
               By
               what
               VVarrant
               ?
            
             
               He
               Answered
               ,
               That
               he
               did
               see
               a
               VVarrant
               that
               was
               receiv'd
               from
               Captain
               Yaiworth
               ,
               under
               Sir
               
                 William
                 Pennymans
              
               hand
               ,
               and
               he
               saw
               his
               name
               at
               it
               .
            
             
               Sir
               
                 William
                 Ingram
              
               Sworn
               ,
               and
               Interrogated
               ,
               VVhat
               he
               hath
               heard
               my
               Lord
               of
               Strafford
               say
               ,
               touching
               this
               business
               of
               levying
               Money
               ?
               and
               ,
               What
               condition
               they
               were
               in
               that
               deny'd
               to
               pay
               it
               ?
            
             
               He
               Answered
               ,
               That
               soon
               after
               the
               Trained-Bands
               were
               Commanded
               
               to
               be
               drawn
               forth
               ,
               he
               found
               the
               opportunity
               ,
               and
               did
               move
               my
               Lord
               of
               Strafford
               ,
               acquainting
               him
               what
               Case
               Soldiers
               were
               in
               ;
               For
               he
               (
               the
               Examinant
               )
               had
               been
               with
               the
               Soldiers
               ,
               and
               found
               them
               willing
               to
               March
               ,
               if
               they
               might
               know
               how
               to
               be
               maintained
               :
               the
               Masters
               had
               refused
               to
               pay
               the
               private
               men
               ,
               and
               the
               Constables
               said
               ,
               the
               Parishes
               were
               so
               poor
               ,
               that
               they
               could
               not
               collect
               any
               more
               money
               ;
               and
               desired
               ,
               his
               Lordship
               would
               be
               pleased
               ,
               before
               they
               were
               drawn
               forth
               ,
               he
               might
               know
               how
               they
               should
               be
               maintained
               :
               And
               ,
               his
               Lordship
               gave
               him
               this
               Answer
               ,
               That
               the
               private
               men
               must
               maintain
               their
               Soldiers
               after
               the
               rate
               of
               8
               d.
               a
               day
               ,
               so
               long
               as
               they
               were
               forth
               ,
               else
               he
               would
               Commit
               them
               ,
               and
               order
               should
               be
               taken
               ,
               the
               Soldiers
               should
               be
               maintained
               after
               8
               d.
               a
               day
               ,
               out
               of
               their
               Estates
               ;
               And
               commanded
               him
               (
               the
               Examinant
               )
               to
               speak
               to
               the
               Constables
               ,
               that
               Assessments
               might
               be
               made
               for
               the
               maintenance
               of
               the
               Common
               Army
               ;
               and
               ,
               if
               any
               did
               refuse
               to
               pay
               their
               parts
               of
               an
               Assessment
               ,
               they
               should
               be
               likewise
               committed
               to
               Prison
               ,
               and
               lie
               there
               ,
               and
               the
               Common
               Soldiers
               should
               be
               maintained
               after
               the
               rate
               of
               8
               d.
               a
               day
               ;
               and
               ,
               he
               would
               have
               men
               know
               ,
               that
               refusing
               to
               pay
               such
               Contribution
               ,
               they
               were
               in
               little
               better
               condition
               ,
               than
               guilty
               of
               High-Treason
               .
            
             
               Sir
               
                 Harry
                 Griffin
              
               being
               Interrogated
               ,
               VVhether
               my
               Lord
               of
               Strafford
               sent
               not
               Messengers
               to
               them
               ,
               that
               refused
               to
               pay
               this
               Money
               Assessed
               ?
            
             
               He
               Answered
               ,
               That
               indeed
               he
               doth
               not
               know
               of
               any
               thing
               concerning
               
               the
               two
               Regiments
               of
               Sir
               
                 William
                 Pennyman
              
               ,
               and
               Sir
               
                 Thomas
                 Danby
              
               ;
               but
               ,
               for
               his
               own
               ,
               he
               can
               speak
               ,
               That
               about
               the
               latter
               end
               of
               August
               last
               ,
               he
               was
               commanded
               by
               the
               Sergeant
               Mayor-General
               of
               the
               Trained-Bands
               ,
               to
               advance
               his
               Regiment
               ;
               and
               ,
               
               assoon
               as
               they
               were
               advanced
               ,
               there
               issued
               forth
               assessments
               for
               a
               whole
               Monthes
               pay
               ,
               for
               his
               whole
               Regiment
               ;
               and
               ,
               on
               this
               Warrant
               he
               received
               300
               l.
               or
               thereabouts
               ,
               but
               more
               they
               would
               not
               ,
               nor
               could
               not
               pay
               ;
               whereupon
               he
               went
               to
               my
               Lord
               of
               Strafford
               ,
               and
               told
               him
               ,
               He
               could
               not
               keep
               his
               Companies
               together
               without
               Money
               ;
               and
               my
               Lord
               bid
               him
               go
               back
               to
               his
               Regiment
               ,
               and
               he
               would
               take
               a
               Course
               ,
               and
               my
               Lord
               did
               grant
               forth
               his
               Warrant
               ,
               and
               on
               that
               was
               pleased
               to
               send
               a
               Messenger
               (
               as
               he
               thinks
               )
               to
               the
               Constable
               ,
               to
               whom
               it
               was
               directed
               ,
               and
               the
               Messengers
               went
               from
               Constable
               to
               Constable
               ,
               and
               all
               was
               paid
               .
            
             
               Being
               asked
               (
               on
               my
               Lord
               of
               Straffords
               motion
               )
               whether
               it
               were
               paid
               voluntarily
               ?
            
             
               He
               Answered
               ,
               They
               were
               for
               ought
               he
               knows
               .
            
             
               Sir
               
                 Hugh
                 Cholmley
              
               being
               Interrogated
               (
               on
               Mr.
               Maynards
               motion
               )
               of
               what
               Quality
               those
               persons
               were
               ,
               that
               staid
               with
               my
               Lord
               of
               Strafford
               ,
               and
               joyned
               in
               the
               latter
               Petition
               ?
               and
               ,
               Whether
               many
               of
               them
               were
               not
               Recusants
               ?
            
             
               He
               Answered
               ,
               That
               there
               were
               some
               of
               them
               Gentlemen
               of
               very
               good
               
               Quality
               ,
               a
               few
               that
               had
               retracted
               their
               hands
               from
               the
               Petition
               ,
               some
               7
               or
               8
               ,
               and
               he
               doth
               not
               know
               ,
               whether
               there
               were
               not
               many
               Papists
               ,
               but
               they
               took
               a
               Note
               of
               four
               or
               six
               and
               twenty
               ,
               to
               his
               best
               remembrance
               ,
               that
               the
               Country
               had
               a
               Character
               on
               them
               to
               be
               Papists
               ,
               and
               Men
               affected
               that
               way
               ,
               but
               he
               knows
               not
               whether
               they
               were
               Convicted
               or
               no.
               
            
             
               And
               so
               Mr.
               Maynard
               said
               ,
               they
               should
               leave
               this
               Article
               a
               while
               ,
               in
               expectation
               
               of
               my
               Lord
               of
               Straffords
               Answer
               ,
               and
               then
               they
               should
               recollect
               their
               proofs
               ;
               in
               the
               mean
               time
               they
               supposed
               every
               particular
               was
               proved
               .
            
             
               My
               Lord
               of
               Strafford
               ,
               after
               some
               time
               granted
               him
               to
               recollect
               his
               Notes
               ,
               made
               his
               Defence
               in
               substance
               as
               follows
               .
            
             
               And
               First
               ,
               he
               desired
               leave
               to
               read
               the
               Charge
               ,
               and
               their
               Lordships
               
               should
               find
               ,
               how
               little
               of
               the
               matter
               opened
               before
               them
               this
               day
               ,
               was
               therein
               contained
               ,
               and
               so
               he
               is
               not
               accountable
               for
               it
               .
            
             
               He
               read
               the
               27th
               Article
               .
            
             
               That
               in
               or
               about
               the
               moneth
               of
               August
               last
               ,
               &c.
               
               His
               Lordship
               craved
               liberty
               to
               dissent
               from
               that
               worthy
               Gentleman
               that
               spoke
               last
               ,
               who
               in
               his
               opinion
               ,
               is
               very
               much
               mistaken
               ,
               who
               was
               pleased
               to
               say
               ,
               That
               all
               was
               fully
               proved
               ;
               for
               he
               conceives
               ,
               little
               or
               nothing
               is
               proved
               as
               to
               him
               .
            
             
               That
               he
               might
               give
               their
               Lordships
               the
               clear
               satisfaction
               ,
               he
               desired
               to
               go
               on
               in
               their
               own
               Order
               ;
               and
               as
               the
               Proofs
               were
               offered
               ,
               he
               shall
               offer
               his
               Answers
               .
            
             
               The
               First
               thing
               spoken
               of
               ,
               is
               a
               Petition
               drawn
               up
               by
               certain
               Gentlemen
               ,
               whereby
               they
               did
               offer
               a
               months
               pay
               to
               the
               Trained-Bands
               ,
               which
               
               Petition
               was
               shewed
               the
               Defendant
               ,
               and
               was
               refused
               by
               him
               to
               be
               delivered
               ,
               and
               the
               Reason
               assigned
               is
               ,
               because
               in
               the
               latter
               part
               there
               is
               contained
               a
               Petition
               for
               calling
               of
               a
               Parliament
               ,
               and
               that
               is
               laid
               to
               him
               as
               a
               Crime
               ,
               but
               where
               it
               is
               ,
               he
               doth
               not
               find
               ,
               and
               when
               he
               doth
               ,
               he
               shall
               answer
               and
               acknowledge
               it
               .
            
             
               He
               acknowledged
               there
               was
               such
               a
               Petition
               ,
               and
               that
               it
               was
               shewed
               to
               him
               ,
               and
               having
               not
               been
               acquainted
               with
               it
               formerly
               ,
               he
               remembers
               very
               well
               ,
               he
               desired
               to
               be
               excused
               from
               medling
               with
               it
               ;
               for
               having
               the
               Honor
               at
               that
               time
               to
               be
               the
               Kings
               Lieutenant
               of
               the
               County
               ;
               besides
               that
               ,
               he
               was
               Lieutenant-General
               of
               the
               Army
               ,
               and
               having
               some
               poor
               share
               there
               ,
               though
               not
               so
               great
               as
               other
               men
               ,
               he
               thought
               it
               very
               strange
               ,
               that
               when
               the
               King
               had
               appointed
               them
               on
               Tuesday
               to
               meet
               together
               ,
               and
               advise
               how
               his
               service
               might
               be
               complyed
               with
               ,
               they
               should
               at
               a
               private
               meeting
               after
               Supper
               ,
               resolve
               of
               this
               Petition
               ,
               and
               never
               make
               him
               so
               much
               as
               acquainted
               with
               it
               ;
               And
               where
               he
               was
               made
               so
               great
               a
               stranger
               in
               the
               beginning
               of
               the
               business
               ,
               he
               appeals
               to
               their
               Lordships
               whether
               he
               had
               reason
               to
               be
               over
               officious
               ,
               to
               serve
               them
               in
               the
               conclusion
               .
            
             
               He
               acknowledges
               the
               Petition
               was
               delivered
               him
               ,
               and
               on
               the
               reading
               of
               it
               ,
               when
               he
               heard
               that
               clause
               ,
               of
               moving
               the
               King
               for
               a
               Parliament
               ,
               he
               disadvised
               it
               ,
               and
               desired
               to
               be
               excused
               concerning
               it
               ,
               not
               so
               fitting
               at
               that
               time
               ,
               nor
               for
               them
               on
               such
               an
               occasion
               :
               and
               therefore
               it
               might
               be
               left
               out
               ,
               or
               a
               course
               taken
               to
               deliver
               it
               by
               some
               other
               hand
               than
               his
               ;
               and
               he
               trusts
               it
               is
               no
               offence
               ,
               for
               which
               he
               is
               any
               way
               punishable
               ,
               to
               reserve
               that
               Christian
               Liberty
               in
               his
               own
               opinion
               ,
               that
               he
               sees
               cause
               for
               ,
               when
               it
               may
               be
               done
               without
               breach
               of
               any
               Law
               penal
               ,
               or
               good
               manners
               ,
               his
               Liberty
               being
               as
               free
               then
               to
               himself
               ,
               as
               to
               them
               .
               But
               it
               was
               not
               out
               of
               any
               unwillingness
               the
               Parliament
               should
               be
               called
               ;
               upon
               which
               they
               should
               pinch
               him
               ;
               and
               make
               their
               Lordships
               and
               the
               Gentlemen
               think
               him
               averse
               from
               Parliaments
               ,
               for
               he
               did
               tell
               them
               at
               that
               time
               ,
               he
               was
               confident
               there
               would
               be
               a
               Parliament
               ;
               and
               that
               on
               the
               coming
               together
               of
               the
               Great
               Council
               of
               the
               Peers
               ,
               he
               did
               conceive
               His
               Majesty
               would
               be
               pleased
               to
               call
               a
               Parliament
               ;
               and
               that
               their
               Petition
               would
               neither
               further
               nor
               hinder
               it
               ,
               and
               therefore
               it
               might
               be
               forborn
               ,
               and
               the
               King
               left
               in
               his
               Acts
               of
               Grace
               to
               his
               People
               ,
               that
               he
               might
               have
               all
               the
               Honor
               of
               it
               to
               himself
               ;
               and
               that
               it
               should
               rise
               out
               of
               his
               Own
               Goodness
               ,
               and
               Royal
               Breast
               ,
               not
               as
               advised
               to
               it
               on
               the
               desire
               of
               any
               body
               else
               ;
               and
               therefore
               he
               thought
               not
               fit
               that
               that
               should
               be
               put
               into
               the
               Petition
               ,
               not
               out
               of
               a
               desire
               to
               avoid
               Parliaments
               ;
               for
               it
               is
               well
               enough
               known
               ,
               (
               and
               if
               need
               were
               )
               he
               could
               justify
               himself
               in
               it
               ,
               that
               no
               poor
               servant
               the
               King
               had
               ,
               was
               more
               forward
               ,
               nor
               ready
               ,
               nor
               willing
               to
               advise
               the
               calling
               of
               this
               Parliament
               ,
               than
               he
               was
               :
               but
               he
               shall
               ever
               conceive
               it
               fit
               in
               this
               case
               ,
               to
               reserve
               the
               Honor
               of
               the
               Kings
               Grace
               and
               Favour
               ,
               as
               much
               as
               may
               be
               to
               himself
               ,
               and
               not
               direct
               it
               to
               any
               other
               hand
               whatsoever
               ,
               and
               did
               then
               (
               as
               always
               )
               as
               much
               as
               he
               could
               ,
               apply
               the
               thanks
               of
               the
               People
               to
               the
               King
               his
               Master
               ,
               and
               assume
               nothing
               to
               himself
               .
            
             
               But
               this
               he
               conceives
               no
               crime
               ,
               and
               therefore
               he
               shall
               not
               need
               to
               trouble
               their
               Lordships
               with
               proof
               of
               it
               ,
               there
               being
               20
               Gentlemen
               in
               the
               room
               (
               he
               dares
               say
               )
               that
               will
               justifie
               him
               in
               this
               particular
               .
            
             
               They
               come
               then
               and
               speak
               of
               a
               second
               message
               ,
               to
               have
               been
               delivered
               by
               him
               to
               His
               Majesty
               at
               York
               ;
               hereby
               he
               is
               charged
               to
               have
               imposed
               a
               Tax
               without
               lawful
               Warrant
               ;
               he
               humbly
               affirms
               ,
               and
               trusts
               ,
               he
               shall
               manifestly
               prove
               it
               ,
               that
               the
               thing
               was
               yielded
               to
               by
               their
               own
               universal
               
               Assent
               ,
               and
               that
               it
               was
               levied
               by
               their
               own
               voluntary
               Will
               ;
               and
               that
               there
               was
               nothing
               of
               force
               from
               the
               beginning
               to
               the
               ending
               of
               the
               business
               ;
               for
               if
               he
               had
               dealt
               in
               that
               manner
               ,
               he
               had
               been
               much
               to
               blame
               ,
               tho
               as
               he
               stood
               then
               qualified
               ,
               he
               thinks
               himself
               not
               punishable
               for
               it
               .
               On
               Debate
               of
               the
               business
               ,
               not
               above
               three
               or
               four
               dissented
               ,
               tho
               there
               were
               Two
               hundred
               present
               ,
               they
               were
               perswaded
               and
               convinced
               ,
               it
               was
               just
               and
               necessary
               to
               contribute
               ,
               and
               most
               of
               them
               that
               did
               dissent
               ,
               have
               been
               examined
               before
               their
               Lordships
               ;
               but
               they
               did
               absolutely
               and
               totally
               lay
               aside
               their
               Petition
               ,
               and
               gave
               him
               Commission
               only
               in
               words
               ,
               to
               signify
               to
               His
               Majesty
               ,
               that
               they
               were
               most
               willing
               and
               ready
               to
               contribute
               the
               pay
               of
               a
               Month
               ,
               for
               maintainance
               of
               the
               Trained-Bands
               ,
               and
               that
               he
               did
               faithfully
               deliver
               .
            
             
               And
               whereas
               it
               is
               said
               they
               are
               Papists
               ,
               he
               shall
               name
               persons
               as
               free
               from
               that
               Tax
               ,
               as
               any
               men
               in
               the
               Shire
               ,
               who
               did
               give
               their
               consent
               ,
               and
               he
               named
               divers
               of
               them
               .
            
             
               To
               prove
               that
               he
               did
               nothing
               by
               force
               ,
               but
               by
               unanimous
               consent
               of
               all
               .
            
             
               Sir
               
                 Paul
                 Neal
              
               was
               first
               called
               ,
               and
               being
               Interrogated
               ,
               Whether
               the
               Petition
               Signed
               by
               the
               Lord
               Wharton
               ,
               and
               the
               rest
               ,
               was
               not
               by
               the
               major
               of
               the
               Gentlemen
               there
               declined
               and
               laid
               aside
               ?
            
             
               He
               Answered
               ,
               That
               he
               was
               amongst
               divers
               others
               ,
               present
               at
               this
               meeting
               
               in
               the
               Common-Hall
               ,
               and
               on
               the
               first
               coming
               thither
               ,
               this
               Petition
               was
               presented
               by
               my
               Lord
               Wharton
               in
               the
               name
               of
               the
               Gentlemen
               that
               had
               subscribed
               it
               ;
               on
               the
               reading
               of
               the
               Petition
               ,
               my
               Lord
               of
               Strafford
               did
               conceive
               ,
               that
               the
               clause
               concerning
               the
               desire
               of
               a
               Parliament
               was
               in
               it self
               superfluous
               ,
               because
               the
               King
               had
               declared
               his
               intention
               to
               have
               one
               ,
               if
               at
               the
               meeting
               of
               their
               Lordships
               at
               York
               it
               should
               be
               desired
               ;
               and
               therefore
               he
               desired
               the
               clause
               might
               be
               put
               out
               ,
               and
               another
               Petition
               presented
               to
               the
               effect
               of
               the
               former
               ,
               only
               the
               last
               clause
               omitted
               ,
               and
               that
               might
               be
               verbally
               presented
               by
               some
               such
               man
               ,
               as
               the
               major
               part
               of
               the
               company
               should
               choose
               ,
               and
               on
               a
               long
               debate
               ,
               it
               was
               concluded
               (
               to
               the
               best
               of
               his
               remembrance
               )
               by
               Vote
               ,
               and
               the
               whole
               Vote
               of
               the
               company
               went
               ,
               it
               should
               be
               delivered
               by
               my
               Lord
               of
               Strafford
               ,
               according
               to
               the
               substance
               of
               the
               Petition
               ,
               the
               last
               clause
               left
               out
               ;
               and
               to
               the
               negative
               part
               ,
               there
               were
               some
               four
               or
               five
               ,
               he
               dares
               confidently
               swear
               ,
               not
               above
               halfe
               a
               score
               .
            
             
               Being
               asked
               ,
               what
               number
               there
               was
               of
               the
               company
               ,
               that
               were
               willing
               to
               wave
               the
               Petition
               ?
            
             
               He
               Answered
               ,
               That
               the
               Hall
               was
               very
               full
               ;
               he
               cannot
               give
               account
               of
               a
               certain
               number
               ,
               nor
               knew
               the
               subscription
               of
               the
               Petition
               ,
               for
               till
               now
               he
               remembers
               not
               ,
               that
               ever
               he
               heard
               the
               particular
               names
               read
               ;
               but
               there
               was
               ,
               he
               thinks
               200
               Gentlemen
               of
               several
               ranks
               .
            
             
               Being
               asked
               whether
               it
               was
               not
               the
               voluntary
               consent
               of
               them
               all
               ,
               that
               a
               months
               entertainment
               should
               be
               allowed
               the
               Trained
               Bands
               ?
            
             
             
               He
               Answered
               ,
               That
               he
               conceives
               the
               consent
               was
               given
               no
               fuller
               nor
               larger
               ,
               but
               just
               the
               same
               as
               in
               the
               Petition
               ,
               saving
               that
               one
               clause
               .
            
             
               Which
               Mr.
               Maynard
               observed
               ,
               went
               not
               further
               than
               to
               promise
               an
               endeavor
               .
            
             
               Sir
               
                 Paul
                 Neal
              
               being
               Interrogated
               ,
               whether
               the
               Money
               was
               not
               voluntarily
               paid
               all
               over
               the
               Countrey
               ,
               for
               the
               months
               entertainment
               ,
               with
               force
               or
               violence
               ?
            
             
               He
               Answered
               ,
               he
               can
               give
               no
               answer
               to
               that
               ,
               having
               nothing
               to
               do
               in
               the
               Countrey
               as
               Deputy-Lieutenant
               ,
               or
               Officer
               ,
               and
               other
               than
               he
               heard
               by
               discourse
               ,
               he
               cannot
               speak
               of
               his
               knowledge
               ,
            
             
               Being
               asked
               (
               on
               Mr.
               Glyns
               motion
               )
               Whether
               the
               major
               part
               of
               them
               that
               Signed
               the
               Petition
               ,
               did
               wave
               it
               ?
            
             
               He
               Answered
               ,
               That
               he
               conceives
               he
               gave
               an
               Answer
               to
               that
               before
               ,
               for
               he
               remembers
               not
               ,
               that
               till
               this
               day
               ,
               he
               ever
               knew
               the
               names
               of
               the
               Gentlemen
               that
               subscribed
               it
               ,
               but
               only
               an
               attestation
               ,
               that
               about
               100
               had
               subscribed
               ,
               and
               whether
               the
               major
               part
               of
               those
               were
               present
               ,
               he
               doth
               not
               know
               .
            
             
               Being
               asked
               (
               on
               my
               Lord
               of
               Straffords
               motion
               )
               Whether
               he
               did
               not
               know
               divers
               of
               them
               that
               Signed
               the
               Petition
               ,
               declared
               themselves
               for
               the
               waving
               of
               it
               ?
            
             
               He
               Answered
               ,
               He
               did
               not
               know
               who
               had
               Signed
               it
               ,
               and
               who
               not
               ,
               saving
               only
               some
               Gentlemen
               speaking
               in
               the
               debate
               ,
               did
               declare
               ,
               that
               they
               in
               particular
               had
               Signed
               it
               ,
               and
               did
               recede
               from
               it
               .
            
             
               Being
               asked
               what
               he
               meant
               when
               he
               said
               ,
               that
               not
               above
               halfe
               a
               score
               went
               to
               the
               negative
               of
               the
               Message
               ?
            
             
               He
               Answered
               ,
               That
               he
               meant
               it
               of
               them
               that
               were
               in
               the
               Hall.
               
            
             
               Sir
               
                 Edward
                 Osborne
              
               was
               called
               to
               be
               a
               Witness
               for
               my
               Lord
               of
               Strafford
               ,
               but
               Mr.
               Maynard
               excepted
               against
               his
               being
               examined
               ,
               as
               being
               one
               of
               them
               that
               sent
               out
               the
               Warrant
               ,
               for
               paying
               Money
               on
               pain
               of
               death
               ,
               and
               as
               Sir
               
                 William
                 Pennyman
              
               would
               have
               declined
               answering
               any
               thing
               of
               his
               own
               Act
               ,
               as
               concerning
               himself
               ,
               so
               it
               was
               desired
               this
               Gentleman
               might
               not
               be
               examined
               to
               the
               justification
               of
               himself
               by
               saying
               ,
               the
               Money
               was
               levied
               by
               consent
               .
            
             
               But
               Sir
               Edward
               alledged
               to
               their
               Lordships
               ,
               That
               there
               is
               particular
               complaint
               in
               the
               Petion
               against
               his
               Warrant
               ,
               and
               therefore
               it
               was
               issued
               long
               before
               the
               Petition
               presented
               .
            
             
               After
               some
               further
               debate
               ,
               the
               Examination
               of
               him
               was
               resolved
               upon
               .
            
             
               Sir
               
                 Edward
                 Osborne
              
               being
               Interrogated
               ,
               Whether
               the
               major
               part
               of
               them
               that
               subscribed
               the
               Petition
               ,
               and
               were
               present
               at
               the
               second
               meeting
               ,
               did
               not
               decline
               the
               Petition
               ?
            
             
             
               He
               Answered
               ,
               That
               he
               cannot
               say
               the
               major
               part
               of
               them
               that
               subscribed
               the
               Petition
               ,
               did
               dissent
               openly
               in
               the
               Hall
               ,
               for
               he
               thinks
               many
               of
               them
               were
               gone
               out
               of
               Town
               ,
               but
               he
               is
               sure
               ,
               the
               
               major
               part
               there
               ,
               nay
               all
               ,
               but
               about
               Ten
               ,
               did
               consent
               to
               the
               leaving
               out
               of
               the
               clause
               ,
               touching
               the
               Parliament
               ,
               and
               to
               a
               Months
               pay
               ;
               and
               on
               that
               ,
               it
               was
               humbly
               moved
               to
               my
               Lord
               (
               he
               cannot
               tell
               whether
               by
               himself
               the
               Examinant
               )
               that
               my
               Lord
               would
               do
               them
               the
               Honor
               ,
               to
               represent
               their
               ready
               affections
               to
               do
               the
               King
               that
               service
               ,
               that
               he
               would
               be
               their
               Mouth
               ,
               which
               accordingly
               his
               Lordship
               did
               ,
               and
               they
               all
               attended
               him
               when
               he
               delivered
               the
               Message
               ;
               and
               he
               doth
               not
               remember
               there
               was
               above
               4
               or
               5
               Gentlemen
               ,
               that
               opened
               their
               mouths
               against
               this
               consent
               ,
               not
               in
               words
               ,
               what
               their
               hearts
               were
               he
               cannot
               tell
               .
            
             
               Being
               asked
               ,
               Whether
               many
               that
               had
               subscribed
               the
               Petition
               ,
               did
               not
               declare
               they
               would
               not
               wave
               it
               ,
               and
               go
               the
               other
               way
               ?
            
             
               He
               Answered
               ,
               There
               were
               some
               that
               did
               indeed
               ,
               but
               he
               doth
               not
               know
               how
               many
               ,
               Sir
               
                 Edward
                 Robinson
              
               in
               particular
               ,
               and
               gave
               his
               reasons
               for
               it
               ,
               Sir
               
                 Richard
                 Hutton
              
               and
               some
               others
               .
            
             
               Being
               asked
               ,
               how
               many
               Gentlemen
               he
               thinks
               were
               present
               at
               that
               meeting
               ?
            
             
               He
               Answered
               ,
               The
               Hall
               was
               very
               full
               ,
               and
               there
               were
               Gentlemen
               ,
               Freeholders
               and
               others
               ,
               to
               the
               number
               of
               300
               ,
               as
               near
               as
               he
               could
               imagine
               .
            
             
               Being
               asked
               ,
               Whether
               that
               was
               not
               the
               place
               and
               time
               appointed
               by
               the
               King
               ,
               for
               the
               Countrey
               to
               meet
               and
               Treat
               about
               the
               business
               ?
            
             
               He
               Answered
               ,
               Yes
               ,
               it
               was
               so
               ,
               by
               His
               Majesties
               special
               Command
               ,
               the
               day
               before
               .
            
             
               Being
               asked
               ,
               whether
               my
               Lord
               of
               Strafford
               did
               not
               go
               to
               the
               Mannor
               ,
               and
               many
               Gentlemen
               with
               him
               ,
               and
               delivered
               their
               Message
               to
               the
               King
               faithfully
               and
               justly
               ,
               as
               he
               had
               in
               Commission
               to
               do
               ,
               and
               no
               otherwise
               ?
            
             
               He
               Answered
               ,
               That
               according
               to
               their
               desire
               to
               his
               Lordship
               ,
               he
               went
               presently
               to
               the
               Mannor
               ;
               and
               they
               all
               attended
               him
               ,
               but
               he
               could
               not
               hear
               the
               Message
               delivered
               ,
               the
               croud
               was
               so
               great
               .
            
             
               Being
               asked
               (
               on
               Mr.
               Maynards
               motion
               )
               whether
               there
               was
               any
               difference
               between
               the
               Message
               and
               Petition
               ,
               but
               only
               the
               leaving
               out
               the
               last
               clause
               touching
               the
               Parliament
               ?
            
             
               He
               Answered
               ,
               Truly
               No
               ,
               but
               the
               principal
               things
               he
               took
               notice
               of
               ,
               was
               a
               Months
               pay
               .
            
             
             
               Being
               asked
               (
               on
               Mr.
               Palmers
               motion
               )
               of
               what
               quality
               they
               were
               that
               were
               in
               the
               Hall
               ,
               whether
               not
               some
               that
               came
               to
               gaze
               only
               ,
               and
               not
               prosecute
               the
               matter
               of
               the
               Petition
               ?
            
             
               He
               Answered
               ,
               That
               it
               is
               impossible
               for
               him
               to
               see
               through
               the
               bodies
               of
               men
               ;
               but
               there
               were
               not
               many
               of
               inferior
               quality
               that
               he
               knew
               ;
               but
               had
               he
               time
               to
               do
               it
               ,
               they
               should
               make
               a
               Catalogue
               of
               as
               many
               Gentlemen
               and
               Freeholders
               ,
               as
               set
               their
               Hand
               to
               the
               Petition
               :
               but
               he
               cannot
               see
               in
               such
               a
               room
               as
               this
               ,
               whether
               there
               be
               Serving-men
               ,
               or
               Aprentizes
               in
               a
               croud
               .
            
             
               To
               which
               Mr.
               Maynard
               answered
               ,
               much
               less
               can
               he
               hear
               it
               .
               
            
             
               Sir
               
                 William
                 Pennyman
              
               Interrogated
               ,
               whether
               the
               Petition
               deliver'd
               by
               my
               Lord
               Wharton
               ,
               was
               by
               the
               major
               part
               of
               the
               Gentlemen
               that
               met
               ,
               according
               to
               the
               Kings
               appointment
               ,
               at
               the
               place
               proper
               for
               the
               business
               ,
               declined
               ?
               And
               whether
               they
               did
               not
               declare
               their
               consent
               to
               a
               Months
               pay
               ,
               and
               that
               my
               Lord
               of
               Strafford
               should
               deliver
               the
               Message
               by
               word
               of
               mouth
               ?
            
             
               He
               Answered
               ,
               That
               the
               major
               part
               did
               decline
               the
               delivery
               of
               the
               Petition
               ,
               
               and
               it
               was
               done
               upon
               a
               Vote
               ,
               there
               being
               some
               difference
               of
               opinion
               ,
               and
               he
               thinks
               truly
               ,
               according
               to
               his
               conjecture
               ,
               there
               were
               200
               voices
               at
               the
               least
               ,
               to
               three
               or
               four
               .
               Happily
               some
               others
               tacitly
               might
               be
               of
               another
               opinion
               ,
               but
               there
               was
               to
               his
               best
               remembrance
               ,
               three
               or
               four
               voted
               against
               it
               .
            
             
               Being
               asked
               ,
               whether
               divers
               that
               Signed
               it
               ,
               did
               not
               decline
               it
               ?
            
             
               He
               Answered
               ,
               That
               divers
               that
               set
               their
               Hands
               to
               the
               Petition
               did
               retract
               it
               ,
               whereof
               he
               himself
               was
               one
               ,
               and
               divers
               other
               Members
               of
               the
               House
               ,
               whom
               he
               offered
               to
               name
               ,
               if
               their
               Lordships
               required
               it
               ,
               but
               that
               their
               Lordships
               did
               not
               think
               fit
               to
               direct
               .
            
             
               Being
               asked
               ,
               Whether
               my
               Lord
               of
               Strafford
               did
               not
               faithfully
               and
               rightfully
               present
               to
               His
               Majesty
               ,
               the
               Message
               ,
               he
               was
               intrusted
               with
               ?
            
             
               He
               Answered
               ,
               That
               he
               was
               one
               of
               them
               that
               went
               with
               my
               Lord
               ,
               but
               was
               in
               the
               same
               condition
               with
               Sir
               
                 Edward
                 Osborne
              
               ,
               for
               the
               crowd
               was
               so
               great
               that
               he
               could
               not
               come
               to
               hear
               .
            
             
               Where
               my
               Lord
               of
               Strafford
               desired
               their
               Lordships
               to
               take
               notice
               ,
               that
               
               it
               was
               not
               in
               a
               corner
               when
               Gentlemen
               of
               their
               Quality
               could
               not
               come
               near
               .
            
             
               Being
               asked
               (
               on
               Mr.
               Maynards
               motion
               )
               Whether
               there
               was
               to
               be
               any
               difference
               ,
               between
               what
               was
               to
               be
               delivered
               to
               the
               King
               ,
               and
               that
               contained
               in
               the
               Petition
               ,
               the
               last
               Clause
               excepted
               ?
            
             
               He
               Answered
               ,
               That
               he
               conceives
               nothing
               was
               to
               be
               omitted
               ,
               but
               only
               that
               of
               the
               Parliament
               .
            
             
               Being
               asked
               (
               on
               the
               Lord
               Whartons
               motion
               )
               Whether
               he
               and
               another
               
               
               had
               not
               Commission
               ,
               to
               acquaint
               my
               Lord
               of
               Strafford
               from
               them
               that
               had
               subscribed
               the
               Petition
               ,
               that
               they
               had
               a
               Petition
               to
               be
               deliver'd
               his
               Lordship
               for
               His
               Majesty
               ,
               and
               whether
               he
               brought
               not
               word
               back
               again
               ,
               that
               they
               should
               wait
               on
               his
               Lordship
               with
               the
               Petition
               on
               Saturday
               ,
               at
               
               One
               or
               Two
               of
               the
               clock
               ,
               and
               at
               his
               Lordships
               own
               house
               ,
               and
               whether
               they
               did
               not
               accordingly
               wait
               on
               him
               ?
            
             
               He
               Answered
               ,
               That
               he
               did
               ,
               and
               they
               did
               come
               ,
               and
               it
               was
               purposely
               ,
               
               that
               they
               might
               most
               of
               them
               goe
               to
               the
               Hall
               ,
               not
               to
               make
               my
               Lords
               House
               a
               place
               of
               his
               debate
               .
            
             
               Being
               asked
               ,
               whether
               he
               was
               not
               directed
               to
               acquaint
               my
               Lord
               of
               Strafford
               with
               the
               Petition
               ,
               and
               whether
               he
               brought
               back
               word
               about
               the
               time
               of
               attending
               ?
            
             
               He
               Answered
               ,
               It
               is
               true
               he
               did
               ,
               but
               he
               knows
               not
               whether
               he
               brought
               it
               on
               a
               Message
               from
               my
               Lord.
               
            
             
               Being
               urged
               to
               Answer
               that
               positively
               ,
               Whether
               he
               brought
               it
               as
               a
               Message
               from
               my
               Lord.
               
            
             
               He
               Answered
               ,
               That
               it
               may
               very
               well
               be
               he
               did
               ,
               he
               thinks
               he
               did
               ;
               but
               he
               added
               ,
               in
               effect
               his
               desire
               was
               to
               know
               ,
               what
               the
               Question
               tended
               to
               .
            
             
               Mr.
               Maynard
               thereupon
               desired
               of
               their
               Lordships
               ,
               that
               a
               Witness
               
               at
               the
               Bar
               might
               not
               demand
               the
               meaning
               of
               a
               Question
               ,
               before
               he
               answers
               to
               the
               truth
               of
               it
               .
            
             
               And
               Mr.
               Glyn
               observed
               ,
               that
               my
               Lord
               of
               Strafford
               had
               several
               times
               
               besought
               ,
               he
               might
               go
               on
               quietly
               with
               his
               Evidence
               ,
               and
               they
               hope
               their
               Lordships
               will
               justify
               them
               ,
               that
               they
               have
               behaved
               themselves
               as
               men
               intrusted
               by
               the
               House
               of
               Commons
               ,
               and
               that
               their
               Lordships
               will
               not
               suffer
               this
               Language
               to
               be
               used
               .
               They
               must
               demand
               Justice
               .
            
             
               And
               Mr.
               Maynard
               added
               ,
               that
               they
               desire
               only
               that
               the
               Witness
               may
               
               readily
               answer
               to
               the
               Question
               propounded
               ,
               and
               not
               advise
               ,
               what
               may
               be
               the
               consequence
               ,
               or
               enquire
               the
               intention
               of
               them
               ,
               for
               they
               are
               to
               speak
               only
               the
               truth
               .
            
             
               But
               my
               Lord
               of
               Strafford
               conceived
               it
               a
               very
               fitting
               Question
               for
               the
               
               Witness
               ,
               to
               desire
               to
               understand
               the
               Question
               before
               he
               answers
               it
               ,
               and
               that
               's
               all
               he
               doth
               ,
               as
               he
               conceives
               .
            
             
               Being
               required
               to
               answer
               positively
               ,
               whether
               he
               brought
               that
               Message
               from
               my
               Lord
               of
               Strafford
               ,
               touching
               the
               time
               of
               delivering
               the
               Petiton
               ?
            
             
               He
               Answered
               ,
               That
               he
               did
               .
               
            
             
               My
               Lord
               of
               Strafford
               here
               offered
               to
               their
               Lordships
               ,
               that
               he
               conceives
               this
               Question
               not
               material
               to
               him
               ,
               he
               was
               then
               extream
               sick
               ,
               
               and
               in
               his
               sick
               Bed
               ,
               when
               he
               should
               send
               this
               Message
               ;
               and
               that
               truly
               ,
               he
               was
               never
               in
               such
               height
               of
               incivility
               towards
               any
               man
               alive
               of
               a
               far
               meaner
               Quality
               than
               my
               Lord
               Wharton
               ,
               as
               to
               send
               them
               word
               ,
               they
               should
               attend
               him
               at
               such
               an
               hour
               ,
               he
               knows
               what
               belongs
               to
               my
               Lord
               Wharton
               ,
               and
               what
               to
               himself
               ,
               much
               better
               ,
               than
               to
               send
               for
               ,
               or
               expect
               any
               attendance
               from
               his
               Lordship
               .
            
             
               Sir
               
                 William
                 Savill
              
               being
               Interrogated
               ,
               whether
               the
               Petition
               Signed
               as
               aforesaid
               ,
               was
               not
               absolutely
               by
               the
               major
               part
               of
               them
               in
               the
               Hall
               declined
               ,
               and
               voted
               ,
               that
               it
               should
               not
               be
               delivered
               ?
            
             
               He
               Answered
               ,
               That
               he
               was
               there
               ,
               and
               by
               the
               major
               part
               of
               the
               
               Gentlemen
               present
               ,
               it
               was
               delivered
               ,
               and
               consented
               ,
               that
               my
               Lord
               should
               deliver
               the
               substance
               of
               the
               Petition
               to
               the
               King
               ,
               by
               word
               of
               mouth
               ,
               saving
               the
               last
               Clause
               concerning
               the
               Parliament
               .
            
             
               Being
               asked
               ,
               Whether
               there
               were
               not
               divers
               that
               Signed
               it
               ,
               who
               did
               afterwards
               retract
               it
               ?
               And
               whether
               himself
               did
               not
               ?
            
             
               He
               Answered
               there
               were
               ,
               and
               that
               he
               himself
               Signed
               the
               former
               Petition
               ,
               and
               then
               it
               came
               to
               be
               disputed
               before
               them
               ,
               whether
               they
               should
               retract
               it
               or
               no
               ?
               he
               was
               against
               the
               retracting
               of
               it
               ,
               and
               many
               delivered
               Votes
               against
               it
               ,
               under
               10
               he
               believes
               ,
               and
               for
               his
               own
               part
               he
               said
               nothing
               to
               it
               ;
               but
               it
               was
               carried
               so
               clearly
               by
               the
               opinion
               of
               them
               present
               ,
               that
               he
               went
               along
               with
               a
               great
               number
               of
               Gentlemen
               ,
               that
               went
               with
               my
               Lord
               to
               the
               King
               ,
               and
               he
               heard
               my
               Lord
               faithfully
               deliver
               the
               substance
               of
               the
               Petition
               in
               every
               thing
               ,
               and
               with
               more
               advantage
               to
               them
               than
               the
               Petition
               was
               drawn
               ,
               except
               the
               business
               of
               the
               Parliament
               .
            
             
               Being
               asked
               ,
               whether
               part
               of
               it
               was
               not
               the
               consent
               to
               a
               months
               pay
               of
               the
               Trained
               Bands
               ?
            
             
               He
               Answered
               ,
               That
               he
               verily
               believes
               it
               was
               the
               intention
               of
               them
               all
               ,
               that
               a
               months
               pay
               should
               be
               paid
               to
               the
               Soldiers
               of
               the
               Countrey
               ,
               and
               the
               months
               pay
               was
               paid
               .
            
             
               Being
               asked
               ,
               Whether
               it
               was
               not
               willingly
               and
               voluntarily
               paid
               in
               every
               place
               without
               constraint
               ,
               to
               his
               knowledge
               ?
            
             
               He
               Answered
               ,
               That
               in
               that
               part
               where
               he
               lived
               ,
               no
               body
               denyed
               whatsoever
               was
               asked
               ,
               so
               there
               was
               no
               pressing
               of
               any
               body
               to
               pay
               a
               penny
               ,
               nor
               complaint
               of
               any
               body
               for
               want
               of
               Money
               .
            
             
               Sir
               
                 William
                 Pennyman
              
               being
               asked
               to
               the
               said
               last
               point
               ?
               
            
             
               He
               Answered
               ,
               That
               it
               was
               with
               a
               agreat
               deal
               of
               alacrity
               and
               cherfulness
               ,
               and
               he
               heard
               no
               man
               repine
               at
               it
               ,
               then
               nor
               since
               .
            
             
             
               Sir
               
                 Edward
                 Osborne
              
               Interrogated
               to
               that
               Point
               ?
            
             
               Answered
               ,
               He
               never
               knew
               of
               any
               forcible
               course
               to
               make
               men
               pay
               it
               ,
               
               but
               it
               was
               freely
               paid
               .
            
             
               Sir
               
                 William
                 Savill
              
               being
               Interrogated
               ,
               How
               many
               of
               them
               that
               set
               their
               hands
               to
               the
               Petition
               ,
               did
               Vote
               against
               it
               ?
            
             
               He
               Answered
               ,
               That
               there
               were
               of
               them
               that
               set
               their
               hands
               to
               the
               
               Petition
               10
               ,
               who
               did
               vote
               the
               retraction
               of
               it
               ,
               and
               he
               named
               Sir
               
                 Francis
                 Worteley
              
               ,
               Sir
               
                 Thomas
                 Danby
              
               ,
               Sir
               
                 George
                 Wentworth
              
               of
               Wolley
               (
               as
               he
               thinks
               )
               and
               Sir
               
                 Edward
                 Rhodes
              
               .
            
             
               Sir
               
                 Edward
                 Rhodes
              
               Interrogated
               ,
               Whether
               the
               Country
               did
               intrust
               my
               Lord
               of
               Strafford
               ,
               to
               deliver
               a
               Message
               to
               His
               Majesty
               ,
               declaring
               their
               consent
               to
               a
               Moneths
               pay
               ,
               &c.
               
            
             
               He
               Answer'd
               ,
               That
               after
               long
               debate
               ,
               Whether
               the
               Petition
               should
               
               be
               presented
               or
               no
               ?
               it
               was
               by
               plurality
               of
               voices
               ,
               declined
               and
               waved
               ;
               and
               ,
               it
               was
               moved
               to
               my
               Lord
               ,
               that
               he
               should
               present
               the
               Requests
               of
               the
               Gentlemen
               then
               met
               ,
               or
               the
               plurality
               of
               them
               to
               His
               Majesty
               to
               this
               purpose
               ,
               That
               having
               demanded
               two
               Moneths
               pay
               ,
               the
               Gentlemen
               of
               the
               Country
               made
               that
               request
               to
               my
               Lord
               ,
               humbly
               to
               beseech
               His
               Majesty
               to
               accept
               of
               one
               Moneths
               pay
               ,
               which
               his
               Lordship
               did
               ,
               and
               His
               Majesty
               was
               graciously
               pleased
               to
               accept
               of
               it
               ,
               having
               formerly
               given
               them
               encouragement
               for
               the
               abatement
               of
               4000
               men
               of
               the
               Trained
               Bands
               after
               those
               Troubles
               were
               past
               ;
               and
               ,
               if
               any
               Gentleman
               suffered
               in
               that
               Service
               ,
               there
               should
               be
               no
               benefit
               taken
               of
               his
               Wardship
               ,
               and
               when
               my
               Lord
               presented
               the
               desire
               of
               the
               Gentlemen
               to
               His
               Majesty
               ,
               He
               was
               pleased
               ,
               in
               stead
               of
               taking
               of
               4000
               ,
               to
               promise
               to
               reduce
               the
               Trained-Bands
               to
               6000.
               
            
             
               Being
               Asked
               what
               number
               of
               Gentlemen
               were
               in
               the
               Hall
               ?
               and
               ,
               Whether
               that
               was
               not
               the
               place
               appointed
               for
               the
               County
               ,
               to
               Consult
               about
               the
               business
               ?
            
             
               He
               Answered
               ,
               That
               he
               thinks
               that
               there
               was
               300
               at
               the
               least
               ,
               of
               the
               one
               and
               the
               other
               ;
               and
               for
               the
               place
               and
               time
               ,
               it
               was
               both
               the
               place
               and
               time
               ,
               and
               that
               was
               an
               Exception
               my
               Lord
               of
               Strafford
               took
               ,
               but
               he
               was
               not
               fairly
               dealt
               withal
               ,
               that
               in
               regard
               His
               Majesty
               gave
               direction
               ,
               that
               at
               such
               a
               time
               ,
               and
               such
               a
               place
               ,
               my
               Lord
               President
               (
               by
               that
               name
               His
               Majesty
               was
               pleased
               to
               call
               him
               )
               and
               the
               Gentlemen
               of
               the
               Countrey
               should
               consider
               the
               business
               ;
               my
               Lord
               thought
               much
               a
               Petition
               should
               be
               drawn
               without
               his
               Consent
               ,
               and
               that
               the
               business
               should
               be
               Concluded
               before
               the
               time
               ,
               and
               from
               the
               place
               of
               debate
               .
            
             
               Being
               Asked
               ,
               How
               many
               dissented
               from
               this
               Court
               ?
            
             
               He
               Answered
               ,
               He
               thinks
               not
               above
               20
               ,
               if
               there
               were
               so
               many
               .
            
             
             
               Being
               Asked
               ,
               Whether
               diverse
               that
               signed
               the
               Petition
               ,
               did
               not
               retract
               it
               ?
               and
               ,
               amongst
               the
               rest
               ,
               himself
               ?
            
             
               He
               Answered
               ,
               Diverse
               did
               retract
               it
               ;
               and
               ,
               himself
               gave
               his
               voice
               for
               the
               waving
               of
               it
               :
               but
               ,
               he
               cannot
               say
               he
               retracted
               it
               ,
               for
               his
               hand
               was
               not
               to
               the
               Petition
               .
            
             
               Being
               Asked
               ,
               Whether
               my
               Lord
               of
               Strafford
               had
               not
               Commission
               from
               the
               County
               ,
               to
               offer
               a
               full
               moneths
               pay
               of
               the
               Trained-Bands
               ?
            
             
               He
               Answered
               ,
               It
               was
               the
               desire
               of
               the
               Country
               ,
               That
               his
               Lordship
               would
               be
               pleased
               to
               entreat
               His
               Majesty
               ,
               to
               accept
               of
               a
               moneths
               pay
               ,
               being
               desired
               by
               the
               King.
               
            
             
               Being
               Asked
               ,
               Whether
               they
               were
               not
               willing
               to
               pay
               it
               in
               that
               part
               of
               the
               Country
               ,
               where
               he
               lives
               ?
            
             
               He
               Answered
               ,
               That
               where
               he
               served
               as
               Deputy-Lieutenant
               ,
               he
               knows
               not
               of
               one
               man
               that
               Complained
               ,
               or
               shew'd
               unwillingness
               ,
               or
               any
               difference
               ,
               but
               only
               in
               the
               proportion
               between
               man
               and
               man.
               
            
             
               Being
               Asked
               ,
               Whether
               my
               Lord
               of
               Strafford
               did
               not
               faithfully
               relate
               the
               Message
               to
               the
               King
               ,
               according
               to
               the
               Commission
               the
               Country
               gave
               him
               ?
            
             
               He
               Answered
               ,
               That
               he
               conceives
               he
               did
               it
               most
               faithfully
               ,
               and
               with
               great
               advantage
               to
               the
               Country
               .
            
             
               Sir
               
                 Tho.
                 Danby
              
               being
               Interrogated
               to
               the
               matter
               of
               the
               Petition
               ,
               and
               the
               declining
               of
               it
               ;
               the
               Consenting
               of
               a
               Moneths
               pay
               ;
               the
               Cheerfulness
               in
               paying
               of
               it
               .
            
             
               He
               Answered
               .
               
            
             
               
                 That
                 the
                 Petition
                 was
                 delivered
                 .
              
               
                 That
                 the
                 Money
                 was
                 paid
                 with
                 a
                 great
                 deal
                 of
                 cheerfulness
                 .
              
               
                 That
                 they
                 were
                 content
                 to
                 come
                 to
                 a
                 Moneths
                 pay
                 .
              
               
                 That
                 he
                 heard
                 of
                 no
                 man
                 that
                 declared
                 to
                 deny
                 it
                 .
              
            
             
               Being
               Asked
               (
               on
               Mr.
               Maynards
               motion
               )
               Whether
               any
               other
               direction
               was
               given
               for
               the
               Message
               ,
               besides
               the
               Petition
               ,
               the
               last
               clause
               excepted
               ?
            
             
               He
               Answered
               ,
               That
               one
               taken
               off
               ,
               my
               Lord
               was
               to
               deliver
               the
               Substance
               of
               the
               Petition
               .
            
             
               Being
               Asked
               (
               on
               Mr.
               Maynards
               motion
               )
               Whether
               there
               were
               not
               two
               Trained-Soldiers
               hang'd
               up
               ,
               for
               Mutyning
               for
               want
               of
               Pay
               ?
            
             
               Mr.
               Maynard
               thence
               observing
               ,
               That
               if
               they
               had
               been
               well
               paid
               ,
               there
               
               had
               been
               no
               want
               of
               it
               .
            
             
             
               He
               Answered
               ,
               That
               he
               cannot
               Answer
               to
               that
               without
               some
               prejudice
               to
               himself
               ;
               he
               being
               question'd
               for
               hanging
               men
               by
               Martial-Law
               .
            
             
               Sir
               
                 George
                 Wentworth
              
               of
               Wolley
               being
               Interrogated
               ,
               Whether
               he
               was
               not
               present
               at
               the
               Hall
               ,
               where
               the
               Petition
               was
               spoke
               of
               ?
               and
               ,
               Whether
               a
               moneths
               pay
               was
               not
               consented
               to
               ?
            
             
               He
               Answered
               ,
               He
               was
               present
               ,
               and
               the
               Petition
               was
               declined
               by
               the
               Major
               number
               ;
               there
               was
               a
               great
               number
               in
               the
               Hall
               ,
               and
               my
               
               Lord
               delivered
               it
               accordingly
               to
               the
               King.
               He
               was
               present
               when
               he
               presented
               all
               the
               grievances
               exprest
               in
               the
               Petition
               ,
               and
               left
               out
               only
               that
               part
               concerning
               the
               Parliament
               .
            
             
               Being
               Asked
               ,
               Whether
               my
               Lord
               of
               Strafford
               had
               authority
               to
               acquaint
               the
               King
               ,
               There
               should
               be
               a
               Moneths
               pay
               ?
            
             
               He
               Answered
               ,
               Yes
               :
               and
               ,
               the
               place
               of
               Debating
               was
               the
               Common-Hall
               ;
               and
               ,
               diverse
               that
               signed
               the
               former
               Petition
               ,
               did
               retract
               it
               ,
               and
               himself
               was
               one
               of
               them
               .
            
             
               Being
               Asked
               ,
               Whether
               the
               Money
               was
               not
               paid
               willingly
               by
               every
               man
               ,
               without
               Force
               and
               Constraint
               ?
            
             
               He
               Answered
               ,
               That
               he
               was
               a
               Collonel
               ,
               and
               it
               was
               paid
               him
               very
               well
               .
            
             
               The
               next
               thing
               my
               Lord
               of
               Strafford
               observed
               ,
               was
               ,
               concerning
               a
               Warrant
               
               alleadged
               to
               be
               given
               out
               by
               him
               ,
               for
               levying
               of
               a
               Fortnights
               pay
               to
               the
               Two
               Regiments
               of
               Sir
               
                 William
                 Pennyman
              
               ,
               and
               Sir
               
                 Tho.
                 Danby
              
               .
               If
               in
               any
               thing
               in
               his
               Answer
               he
               be
               mistaken
               ,
               he
               had
               rather
               submit
               it
               than
               dispute
               it
               ;
               and
               ,
               if
               it
               please
               their
               Lordships
               to
               favour
               him
               so
               far
               ,
               he
               will
               ,
               as
               near
               as
               he
               can
               ,
               tell
               every
               thing
               that
               passed
               ;
               and
               ,
               he
               hopes
               ,
               diverse
               of
               their
               Lordships
               will
               remember
               a
               great
               part
               of
               it
               .
            
             
               It
               is
               very
               true
               ,
               before
               this
               moneth
               was
               ended
               ,
               (
               he
               is
               sure
               within
               it
               )
               the
               King
               Licensed
               all
               the
               Trained-Bands
               to
               go
               home
               again
               ,
               save
               the
               two
               Regiments
               ,
               one
               for
               Richmondshire
               ,
               and
               the
               other
               for
               Cleaveland
               ,
               which
               ,
               by
               His
               Majesties
               express
               Command
               ,
               and
               Council
               of
               War
               ,
               were
               required
               ,
               one
               to
               remain
               at
               Yaram
               ,
               the
               other
               in
               Richmondshire
               ,
               to
               preserve
               them
               from
               those
               of
               the
               other
               side
               .
            
             
               Sir
               
                 William
                 Pennyman
              
               and
               some
               others
               finding
               ,
               that
               by
               this
               means
               these
               Regiments
               continuing
               in
               pay
               ,
               fell
               to
               be
               grievous
               to
               that
               part
               of
               the
               Hundred
               ;
               Those
               two
               Hundreds
               ,
               or
               Weapontakes
               acquainted
               him
               (
               the
               Earl
               of
               Strafford
               )
               with
               it
               ,
               out
               of
               no
               particular
               end
               in
               the
               World
               ,
               but
               that
               with
               Equality
               and
               Justice
               in
               that
               common
               misfortune
               ,
               they
               might
               all
               bear
               the
               Common
               Burden
               .
            
             
               Divers
               of
               their
               Lordships
               being
               there
               at
               Rippon
               ,
               he
               did
               humbly
               present
               to
               the
               King
               ,
               before
               the
               Great
               Council
               of
               my
               Lords
               at
               Yorke
               ,
               That
               he
               conceived
               if
               the
               whole-Charge
               of
               those
               two
               Regiments
               should
               lie
               on
               those
               two
               Hundreds
               ,
               it
               would
               impoverish
               and
               undoe
               them
               ;
               and
               therefore
               he
               conceived
               it
               Justice
               and
               Reason
               ,
               that
               the
               rest
               of
               the
               County
               should
               contribute
               towards
               the
               Charge
               (
               the
               benefit
               being
               common
               to
               all
               )
               or
               else
               they
               
               should
               successively
               relieve
               those
               Regiments
               ,
               that
               the
               burden
               of
               all
               might
               lie
               equal
               on
               all
               .
            
             
               This
               was
               his
               intention
               ,
               and
               he
               hopes
               it
               was
               fair
               ,
               and
               if
               not
               as
               it
               ought
               to
               be
               ,
               yet
               it
               was
               done
               with
               a
               very
               good
               heart
               ,
               and
               justly
               intended
               :
               This
               he
               moving
               at
               that
               time
               ,
               His
               Majesty
               was
               pleased
               to
               assent
               to
               it
               ,
               and
               lik'd
               it
               very
               well
               ,
               and
               gave
               direction
               he
               should
               proceed
               ;
               whereupon
               he
               said
               ,
               Then
               if
               my
               Lords
               approve
               of
               it
               ,
               he
               shall
               see
               it
               done
               accordingly
               .
               There
               were
               diverse
               of
               the
               Lords
               then
               said
               yes
               ;
               and
               thereupon
               he
               took
               it
               for
               granted
               ,
               that
               it
               was
               their
               Consent
               .
            
             
               If
               in
               this
               he
               did
               mistake
               ,
               of
               their
               Lordships
               ,
               he
               humbly
               craves
               their
               pardon
               ,
               it
               being
               far
               from
               him
               to
               prejudice
               any
               man
               living
               in
               that
               relation
               ,
               and
               ,
               that
               it
               was
               so
               ,
               he
               thinks
               a
               Noble
               Peer
               ,
               then
               present
               ,
               
                 (
                 viz.
              
               my
               Lord
               of
               St.
               Albanes
               )
               will
               remember
               ,
               that
               diverse
               on
               the
               Motion
               did
               say
               ,
               yes
               ;
               and
               thereupon
               he
               took
               it
               to
               be
               a
               thing
               granted
               .
            
             
               And
               ,
               that
               as
               my
               Lord
               of
               St.
               Albanes
               ,
               who
               being
               gone
               home
               indisposed
               in
               his
               health
               ,
               my
               Lord
               of
               Strafford
               desired
               he
               might
               reserve
               himself
               the
               benefit
               of
               his
               Examination
               ,
               if
               he
               shall
               see
               cause
               ,
               though
               he
               hopes
               there
               will
               be
               no
               need
               of
               it
               .
            
             
               After
               this
               ,
               he
               understanding
               that
               some
               of
               their
               Lordships
               at
               Rippon
               were
               not
               satisfied
               ,
               because
               the
               Great
               Council
               was
               named
               for
               the
               Author
               of
               the
               Warrant
               ;
               the
               very
               last
               day
               the
               Great
               Council
               sate
               at
               Yorke
               (
               their
               Lordships
               being
               then
               come
               back
               from
               Rippon
               )
               he
               moved
               it
               to
               the
               King
               ,
               and
               gave
               the
               same
               Relation
               there
               ,
               that
               he
               makes
               here
               before
               their
               Lordships
               ,
               desiring
               to
               know
               their
               pleasure
               ,
               whether
               the
               Warrant
               should
               be
               recalled
               or
               no
               ?
               for
               he
               could
               then
               easily
               do
               it
               :
               Nothing
               being
               done
               upon
               it
               .
               Under
               favour
               ,
               some
               of
               their
               Lordships
               said
               ,
               The
               Great
               Council
               had
               no
               power
               to
               levy
               Money
               ;
               To
               which
               he
               Answered
               ,
               That
               the
               Warrant
               was
               not
               to
               levy
               Money
               ,
               but
               that
               the
               parties
               concerned
               should
               do
               their
               duties
               themselves
               ,
               or
               otherwise
               pay
               the
               Money
               .
               At
               that
               time
               it
               pleased
               His
               Majesty
               to
               Command
               him
               to
               go
               on
               ;
               and
               ,
               after
               the
               King
               had
               spoken
               ,
               no
               man
               spake
               to
               the
               contrary
               ,
               and
               so
               the
               Warrant
               was
               not
               recalled
               ;
               but
               ,
               the
               Moneys
               were
               paid
               voluntarily
               ,
               no
               force
               or
               constraint
               being
               put
               upon
               any
               ,
               but
               they
               took
               it
               as
               a
               great
               benefit
               that
               they
               had
               that
               favour
               ,
               as
               for
               his
               part
               he
               conceived
               it
               was
               :
               And
               ,
               all
               himself
               got
               by
               it
               ,
               was
               ,
               That
               ,
               by
               this
               means
               himself
               ,
               and
               all
               his
               Tenants
               ,
               and
               those
               that
               had
               relation
               to
               him
               ,
               came
               to
               pay
               their
               proportionable
               shares
               ,
               which
               otherwise
               should
               not
               have
               paid
               a
               Farthing
               ,
               (
               for
               they
               were
               at
               a
               great
               distance
               in
               the
               West-riding
               )
               and
               they
               paid
               it
               voluntarily
               ,
               and
               willingly
               ;
               and
               ,
               when
               he
               spake
               with
               the
               Deputy-Lieutenants
               ,
               they
               all
               conceived
               it
               a
               benefit
               ,
               and
               advantage
               to
               the
               Country
               ;
               and
               ,
               it
               was
               done
               with
               their
               Consent
               ,
               and
               a
               great
               Ease
               ,
               and
               a
               Burden
               to
               no
               man
               ,
            
             
               So
               he
               acknowledges
               such
               a
               Warrant
               was
               granted
               ,
               but
               nothing
               of
               force
               or
               constraint
               ,
            
             
               Mr.
               
                 Ro.
                 Strickland
              
               Interrogated
               ,
               Whether
               he
               conceived
               not
               this
               a
               
               great
               ease
               to
               the
               Country
               ,
               thus
               to
               lay
               the
               last
               Fortnights
               Pay
               for
               the
               two
               Regiments
               ?
               And
               stood
               with
               his
               Advise
               ,
               and
               the
               Advise
               of
               his
               Lieutenants
               ?
            
             
               He
               Answered
               ,
               That
               it
               was
               very
               well
               paid
               for
               any
               thing
               he
               knows
               ,
               but
               the
               most
               part
               of
               it
               ,
               if
               it
               was
               paid
               ,
               was
               paid
               after
               he
               came
               to
               London
               .
               But
               ,
               he
               conceives
               ,
               that
               if
               those
               Regiments
               must
               stand
               ,
               or
               the
               other
               March
               up
               to
               their
               Reliefe
               ,
               it
               was
               for
               the
               ease
               of
               
               the
               Country
               ,
               and
               so
               he
               conceived
               then
               ,
               otherwise
               he
               should
               not
               have
               subscribed
               the
               Warrant
               :
               and
               ,
               it
               had
               laid
               heavy
               on
               those
               Divisions
               ,
               where
               the
               two
               Regiments
               of
               Sir
               
                 William
                 Pennyman
              
               ,
               and
               Sir
               
                 Thomas
                 Danby
              
               lay
               ,
               who
               had
               been
               undone
               by
               it
               ;
               It
               was
               done
               meerly
               for
               their
               Relief
               ,
               without
               any
               ill
               intent
               whatsoever
               .
            
             
               Sir
               
                 Edward
                 Osborne
              
               Interrogated
               ,
               What
               he
               thinks
               of
               the
               Course
               ?
               
               and
               ,
               Whether
               he
               consented
               not
               to
               it
               ,
               as
               a
               very
               great
               Advantage
               ?
            
             
               He
               Answered
               ,
               The
               Question
               being
               propounded
               by
               my
               Lord
               Lieutenant
               to
               the
               Deputy
               Lieutenants
               ,
               Whether
               two
               Regiments
               that
               lived
               on
               the
               place
               ,
               the
               Frontier
               of
               the
               North-Riding
               ,
               should
               be
               paid
               by
               the
               Countries
               Contributing
               ,
               or
               their
               Charge
               ,
               or
               the
               Country
               to
               send
               their
               Regiments
               for
               relief
               of
               these
               two
               ;
               they
               conceived
               it
               was
               a
               mighty
               ease
               and
               benefit
               to
               the
               Country
               to
               pay
               the
               two
               Regiments
               ,
               and
               the
               rest
               of
               the
               Trained-Bands
               continue
               ;
               For
               ,
               some
               of
               them
               must
               March
               70
               miles
               in
               way
               ,
               and
               70
               miles
               backwards
               ,
               and
               ,
               some
               of
               them
               that
               lay
               there
               ,
               never
               stirred
               out
               of
               their
               own
               Towns
               :
               and
               therefore
               they
               were
               of
               opinion
               ,
               It
               was
               a
               marvellous
               ease
               .
            
             
               Being
               Asked
               ,
               Whether
               this
               Fortnights
               Pay
               was
               voluntarily
               paid
               in
               the
               Parts
               where
               he
               lived
               ?
               and
               ,
               Whether
               Force
               was
               used
               ?
            
             
               He
               Answered
               ,
               He
               lived
               at
               York
               altogether
               ,
               and
               cannot
               tell
               :
               But
               ,
               some
               Officers
               asking
               ,
               What
               they
               should
               do
               for
               the
               Moneys
               that
               are
               behind
               for
               relief
               of
               the
               two
               Regiments
               ?
               my
               Lord
               Answered
               ,
               That
               which
               will
               be
               willingly
               and
               freely
               paid
               ,
               you
               must
               take
               it
               ;
               that
               which
               will
               not
               ,
               you
               must
               let
               it
               alone
               :
               and
               ,
               this
               was
               four
               or
               five
               dayes
               before
               my
               Lord
               of
               Strafford
               came
               from
               York
               .
            
             
               Sir
               
                 William
                 Pennyman
              
               being
               Interrogated
               ,
               touching
               the
               Convenience
               and
               
               Ease
               of
               this
               Course
               ?
            
             
               He
               Answered
               ,
               That
               he
               conceives
               it
               very
               easie
               and
               advantagious
               ,
               for
               else
               some
               of
               the
               Regiments
               must
               have
               marched
               70
               miles
               ,
               and
               it
               would
               have
               taken
               up
               a
               great
               part
               of
               the
               Charge
               ,
               in
               the
               very
               March.
               
            
             
               My
               Lord
               of
               Strafford
               added
               ,
               That
               he
               would
               prove
               it
               by
               all
               the
               Deputy
               
               Lieutenants
               that
               were
               there
               ,
               that
               no
               Force
               or
               Constraint
               was
               put
               upon
               any
               man
               by
               him
               ,
               nor
               is
               there
               any
               proofes
               to
               prove
               Force
               :
               There
               be
               onely
               two
               things
               insisted
               on
               ;
               One
               is
               the
               Warrant
               of
               Sir
               
                 Edward
                 Osborne
              
               ,
               that
               they
               should
               pay
               Money
               on
               peril
               of
               their
               Lives
               ;
               He
               denies
               that
               he
               signed
               any
               such
               Warrant
               ;
               and
               ,
               he
               is
               sure
               there
               is
               none
               under
               his
               hand
               :
               If
               they
               have
               it
               to
               show
               ,
               he
               desires
               they
               would
               shew
               it
               ;
               if
               they
               do
               not
               ,
               then
               their
               Lordships
               Judgments
               will
               acquit
               him
               of
               it
               .
               The
               other
               is
               Sergeant
               Major
               Yowards
               Warrant
               ,
               and
               a
               fellow
               that
               tells
               a
               Tale
               of
               Muskiteers
               ,
               and
               sayes
               ,
               there
               was
               a
               Warrant
               of
               his
               ;
               But
               ,
               he
               sayes
               ,
               he
               made
               no
               such
               Warrant
               ;
               he
               gave
               no
               direction
               for
               it
               ;
               neither
               is
               there
               any
               such
               Warrant
               shown
               ;
               and
               ,
               he
               trusts
               ,
               that
               will
               acquit
               him
               of
               that
               too
               :
               And
               ,
               if
               there
               be
               any
               thing
               of
               Crime
               in
               the
               business
               ,
               it
               must
               be
               ,
               that
               they
               have
               been
               constrained
               
               by
               force
               ,
               to
               pay
               the
               Moneys
               ;
               for
               ,
               if
               it
               be
               voluntarily
               offered
               to
               take
               or
               leave
               ,
               this
               can
               be
               no
               Crime
               ;
               and
               ,
               that
               there
               was
               any
               force
               ,
               or
               any
               Warrant
               issued
               by
               him
               ,
               he
               denies
               :
               And
               ,
               by
               this
               time
               ,
               he
               thinks
               he
               hath
               cleared
               himself
               against
               all
               the
               matters
               charged
               in
               this
               Article
               .
            
             
               But
               ,
               he
               conceives
               ,
               he
               hath
               done
               nothing
               ,
               but
               that
               he
               had
               Commission
               and
               power
               to
               do
               ,
               though
               he
               never
               had
               acquainted
               the
               Great
               Council
               with
               it
               under
               favour
               :
               It
               is
               true
               ,
               he
               was
               alwayes
               desirous
               ,
               to
               have
               the
               assistance
               of
               Men
               wiser
               than
               himself
               ;
               and
               ,
               when
               there
               was
               means
               or
               opportunity
               to
               gain
               it
               ,
               he
               took
               it
               :
               But
               ,
               if
               he
               had
               been
               in
               Yorkshire
               all
               alone
               ,
               having
               the
               Power
               and
               Commission
               he
               then
               had
               (
               though
               His
               Majesty
               and
               their
               Lordships
               had
               not
               been
               there
               )
               he
               conceives
               he
               might
               have
               Justified
               the
               doing
               of
               as
               much
               ,
               as
               he
               hath
               done
               in
               this
               Parliament
               ;
               his
               Commission
               under
               the
               Seal
               of
               my
               Lord
               Admiral
               being
               in
               effect
               ,
            
             
               
                 FOr
                 the
                 better
                 Execution
                 of
                 this
                 our
                 Commission
                 ,
                 we
                 do
                 further
                 give
                 and
                 grant
                 to
                 you
                 full
                 Power
                 and
                 Authority
                 ,
                 from
                 time
                 to
                 time
                 ,
                 and
                 at
                 all
                 times
                 at
                 your
                 discretion
                 ,
                 to
                 command
                 ,
                 and
                 require
                 of
                 and
                 from
                 all
                 our
                 Lieutenants
                 ,
                 and
                 Deputy-Lieutenants
                 in
                 our
                 several
                 Counties
                 of
                 this
                 our
                 Realm
                 and
                 Dominion
                 of
              
               Wales
               ,
               
                 and
                 of
                 and
                 from
                 every
                 ,
                 or
                 any
                 of
                 them
                 ,
                 to
                 send
                 to
                 you
                 ,
                 or
                 such
                 place
                 as
                 you
                 shall
                 appoint
                 ,
                 such
                 number
                 of
                 able
                 Men
                 for
                 the
                 War
                 ,
                 as
                 well
                 Horsemen
                 as
                 Footmen
                 ,
                 in
                 the
                 said
                 Counties
                 respectively
                 ,
                 or
                 otherwise
                 ,
                 sufficiently
                 Armed
                 and
                 Furnished
                 ,
                 as
                 you
                 in
                 your
                 discretion
                 shall
                 appoint
                 and
                 require
                 .
              
            
             
               And
               ,
               he
               did
               not
               send
               them
               to
               pay
               any
               Money
               ,
               but
               to
               relieve
               by
               turnes
               ,
               Regiment
               after
               Regiment
               ;
               and
               ,
               if
               they
               found
               it
               for
               their
               ease
               ,
               they
               might
               be
               at
               the
               Charge
               ,
               else
               do
               the
               Duty
               required
               ,
               which
               ,
               by
               the
               Common
               Allegiance
               ,
               every
               man
               is
               bound
               to
               do
               .
               Say
               then
               he
               had
               committed
               an
               Error
               ,
               he
               had
               rather
               confess
               than
               justifie
               it
               ,
               as
               long
               as
               it
               is
               not
               brought
               to
               him
               as
               a
               Crime
               .
            
             
               But
               ,
               there
               is
               another
               clause
               ,
               according
               to
               the
               Statute
               of
               11
               H.
               7.
               viz.
               
            
             
               
                 ANd
                 further
                 ,
                 our
                 pleasure
                 is
                 ,
                 and
                 we
                 do
                 give
                 and
                 grant
                 for
                 us
                 ,
                 our
                 heirs
                 and
                 successors
                 ,
                 that
                 whatsoever
                 you
                 ,
                 or
                 any
                 other
                 person
                 ,
                 or
                 persons
                 of
                 what
                 degree
                 soever
                 ,
                 by
                 your
                 Commission
                 ,
                 Warrant
                 ,
                 or
                 Command
                 shall
                 do
                 ,
                 by
                 vertue
                 of
                 this
                 our
                 Commission
                 ,
                 or
                 Letters
                 Patents
                 ,
                 or
                 according
                 to
                 the
                 Instructions
                 aforesaid
                 ,
                 or
                 the
                 purport
                 of
                 this
                 our
                 Commission
                 ,
                 touching
                 the
                 Execution
                 of
                 the
                 premises
                 ,
                 both
                 you
                 ,
                 and
                 the
                 said
                 persons
                 ,
                 in
                 shewing
                 forth
                 these
                 our
                 Letters-patents
                 ,
                 or
                 the
                 Constat
                 ,
                 or
                 Inrollment
                 thereof
                 ,
                 shall
                 be
                 discharged
                 and
                 acquitted
                 against
                 us
                 ,
                 our
                 heires
                 and
                 successors
                 ,
                 and
                 freed
                 from
                 all
                 Impeachment
                 ,
                 and
                 other
                 molestation
                 for
                 the
                 same
                 .
              
            
             
               He
               did
               this
               without
               sinister
               ends
               ,
               or
               by-respects
               ;
               and
               therefore
               if
               he
               did
               any
               way
               err
               ,
               by
               His
               Majesties
               own
               gracious
               clause
               ,
               he
               is
               to
               be
               excused
               ;
               And
               ,
               it
               is
               pursuing
               to
               the
               Statute
               of
               11
               H.
               7.
               c.
               1.
               where
               the
               Preamble
               is
               very
               observable
               .
            
             
             
               
                 THe
                 King
                 ,
                 our
                 Soveraign
                 Lord
                 ,
                 recalling
                 to
                 his
                 Remembrance
                 the
                 Duty
                 and
                 Allegiance
                 of
                 His
                 Subjects
                 ,
                 and
                 that
                 they
                 ,
                 by
                 reason
                 of
                 the
                 same
                 ,
                 are
                 bound
                 to
                 serve
                 the
                 King
                 for
                 the
                 time
                 to
                 come
                 in
                 His
                 Wars
                 ,
                 against
                 every
                 Rebellion
                 ,
                 and
                 Power
                 ,
                 and
                 Might
                 ,
              
               &c.
               
                 and
                 whatsoever
                 falls
                 against
                 the
                 mind
                 of
                 the
                 Prince
                 ;
                 and
                 ,
                 that
                 it
                 is
                 against
                 all
                 Law
                 ,
                 Reason
                 and
                 Conscience
                 ,
                 that
                 attending
                 His
                 Person
                 ,
                 or
                 being
                 in
                 other
                 places
                 of
                 His
                 Command
                 ,
                 any
                 should
                 lose
                 or
                 forfeit
                 for
                 doing
                 their
                 true
                 Service
                 and
                 Obedience
                 .
                 Be
                 it
                 therefore
                 Enacted
                 ,
              
               &c.
               
               
                 That
                 from
                 henceforth
                 ,
                 no
                 manner
                 of
                 Person
                 ,
                 or
                 persons
                 whatsoever
                 ,
                 that
                 attends
                 the
                 King
                 in
                 His
                 Person
                 ,
                 and
                 do
                 Him
                 true
                 Allegiance
                 in
                 His
                 Person
                 ,
                 or
                 be
                 in
                 other
                 places
                 in
                 His
                 Wars
                 ,
                 for
                 the
                 said
                 Deed
                 ,
                 or
                 true
                 Duty
                 ,
                 he
                 and
                 they
                 shall
                 be
                 any
                 way
                 convicted
                 ,
                 and
                 Attainted
                 of
                 Treason
                 ,
                 nor
                 of
                 any
                 other
                 Offence
                 by
                 any
                 Process
                 of
                 Law
                 ,
                 whereby
                 he
                 shall
                 forfeit
                 Lands
                 ,
                 Goods
                 ,
                 Tenements
                 ,
              
               &c.
               
                 and
                 shall
                 be
                 for
                 that
                 Deed
                 and
                 Service
                 utterly
                 discharged
                 of
                 any
                 Vexation
                 ,
              
               &c.
               
            
             
               So
               that
               he
               conceives
               he
               hath
               done
               nothing
               ,
               but
               what
               may
               receive
               a
               fair
               and
               equal
               interpretation
               ;
               what
               he
               hath
               done
               ,
               he
               hath
               done
               very
               candidly
               ,
               and
               clearly
               ,
               for
               the
               good
               of
               His
               Masters
               Service
               ,
               and
               preservation
               of
               the
               Country
               ;
               and
               he
               hath
               done
               nothing
               violently
               ,
               or
               deliberately
               ,
               to
               force
               Men
               to
               do
               things
               ,
               that
               may
               any
               way
               trench
               on
               the
               Propriety
               or
               Liberty
               of
               the
               Subject
               :
               and
               ,
               whatsoever
               evil
               he
               may
               have
               committed
               in
               this
               ,
               he
               hopes
               ,
               by
               the
               Act
               of
               Parliament
               ,
               and
               by
               the
               words
               of
               the
               Commission
               read
               ,
               he
               shall
               stand
               before
               their
               Lordships
               (
               in
               point
               of
               Justice
               ,
               and
               Noble
               Compassion
               to
               a
               Man
               that
               may
               erre
               )
               Acquitted
               from
               any
               part
               of
               that
               Charge
               ,
               that
               may
               accuse
               him
               of
               High
               Treason
               .
            
             
               Onely
               one
               thing
               he
               hath
               omitted
               ,
               and
               that
               is
               the
               Testimony
               of
               Sir
               
                 William
                 Ingram
              
               ,
               where
               he
               Charges
               me
               with
               saying
               ,
               
                 The
                 refusers
                 to
                 pay
                 the
                 Money
                 are
                 in
                 little
                 better
                 condition
                 ,
                 than
                 guilty
                 of
                 High
                 Treason
                 .
              
               But
               he
               is
               a
               single
               Testimony
               ;
               and
               he
               sayes
               ,
               That
               clearly
               underfavour
               it
               is
               no
               mean
               offence
               for
               any
               Man
               ,
               to
               deny
               the
               Common
               Allegiance
               due
               to
               the
               King
               ,
               for
               Defence
               of
               His
               VVars
               :
               But
               ,
               the
               words
               are
               testified
               to
               be
               spoken
               only
               to
               one
               Man
               ,
               and
               he
               is
               not
               Accomptable
               to
               him
               ,
               nor
               to
               their
               Lordships
               ,
               for
               that
               ,
               he
               being
               but
               a
               single
               Testimony
               .
            
          
           
             
               Mr.
               Maynard
               began
               to
               Reply
               to
               the
               said
               Defence
               in
               substance
               ,
               
               as
               followeth
               .
            
             
               That
               whereas
               my
               Lord
               sayes
               ,
               They
               have
               urged
               much
               that
               ,
               which
               was
               not
               Charged
               ;
               his
               Lordship
               hath
               Answered
               ,
               that
               which
               was
               not
               Objected
               as
               a
               Charge
               :
               for
               ,
               the
               greatest
               part
               of
               the
               time
               he
               hath
               spent
               in
               examining
               so
               many
               VVitnesses
               ,
               is
               ,
               to
               shew
               on
               what
               grounds
               the
               first
               Petition
               was
               deserted
               ,
               and
               a
               Message
               put
               on
               his
               Lordship
               to
               deliver
               to
               the
               King
               :
               The
               Petition
               was
               not
               offered
               to
               him
               as
               a
               matter
               of
               Charge
               ,
               but
               it
               is
               charged
               upon
               him
               ,
               that
               he
               procured
               to
               levy
               and
               impole
               Money
               upon
               the
               Country
               by
               force
               ,
               without
               a
               legal
               VVarrant
               ,
               and
               ,
               by
               way
               of
               excuse
               ,
               in
               his
               Answer
               ,
               he
               sets
               forth
               ,
               that
               the
               Country
               did
               yield
               to
               it
               by
               their
               Unanimous
               consent
               .
               To
               that
               purpose
               it
               was
               objected
               to
               him
               ,
               Not
               that
               the
               delivery
               of
               the
               Message
               was
               a
               Crime
               (
               and
               therefore
               he
               might
               have
               spared
               this
               labour
               to
               Answer
               it
               ,
               as
               to
               that
               purpose
               )
            
             
             
               But
               ,
               as
               himself
               states
               the
               Case
               ,
               he
               hath
               much
               encreased
               ,
               rather
               then
               diminished
               his
               Fault
               ;
               for
               ,
               he
               said
               ,
               There
               was
               a
               Consent
               ;
               yet
               ,
               it
               appears
               ,
               there
               were
               but
               109
               principal
               Gentlemen
               parties
               in
               the
               first
               Petition
               ,
               and
               he
               encounters
               these
               to
               200
               met
               together
               ;
               the
               greater
               part
               of
               whom
               consenting
               ,
               and
               100
               of
               them
               that
               had
               subscribed
               ,
               and
               about
               5
               dissenting
               ,
               they
               resolve
               of
               a
               Message
               to
               be
               delivered
               touching
               consent
               ;
               But
               ,
               they
               have
               proved
               ,
               not
               only
               a
               Leavy
               for
               the
               first
               moneth
               ,
               but
               much
               more
               ;
               though
               when
               the
               Gentry
               met
               together
               ,
               and
               consented
               to
               a
               Petition
               ,
               it
               is
               no
               desertion
               of
               that
               Petition
               ,
               because
               10
               of
               109
               deserted
               ,
               especially
               when
               they
               had
               a
               Message
               from
               my
               Lord
               to
               meet
               about
               it
               ,
               and
               ,
               relying
               upon
               it
               ,
               went
               into
               the
               Country
               :
               besides
               ,
               200
               Gentlemen
               Freeholders
               ,
               and
               others
               ,
               could
               not
               lay
               a
               Charge
               on
               the
               rest
               of
               the
               Country
               ,
               nor
               bind
               them
               that
               had
               dissented
               before
               ,
               and
               whose
               consent
               was
               not
               involved
               ;
               and
               ,
               it
               is
               no
               legal
               way
               to
               raise
               Money
               by
               Warrant
               ,
               much
               less
               by
               Force
               .
            
             
               For
               the
               Money
               levyed
               after
               the
               Moneth
               expired
               ,
               my
               Lord
               hath
               offered
               no
               Colour
               to
               their
               Lordships
               ;
               for
               first
               ,
               the
               ground
               whereupon
               he
               raised
               it
               ,
               was
               contrary
               to
               that
               which
               was
               the
               truth
               ,
               viz.
               the
               Consent
               of
               the
               Lords
               of
               the
               Great
               Council
               ;
               whereas
               it
               appear'd
               ,
               and
               shall
               appear
               further
               ,
               there
               was
               no
               such
               Consent
               .
            
             
               My
               Lord
               of
               Strafford
               would
               next
               justifie
               it
               by
               a
               Commission
               ,
               but
               that
               doth
               only
               require
               people
               ,
               according
               to
               their
               Allegiance
               ,
               to
               give
               attendance
               ;
               and
               ,
               this
               is
               turned
               into
               a
               matter
               of
               laying
               of
               Money
               :
               for
               ,
               the
               first
               point
               of
               the
               Warrant
               is
               ,
               to
               pay
               the
               Money
               Assessed
               ,
               and
               ,
               if
               they
               will
               not
               ,
               they
               shall
               attend
               ,
               so
               that
               what
               is
               matter
               of
               service
               is
               turned
               out
               of
               its
               Course
               ,
               and
               this
               is
               a
               high
               abuse
               of
               his
               power
               ,
               which
               makes
               that
               matter
               of
               Money
               ,
               which
               should
               be
               matter
               of
               Service
               ;
               and
               ,
               by
               this
               meanes
               ,
               awes
               men
               to
               pay
               money
               .
            
             
               The
               Country
               ,
               on
               demand
               of
               His
               Majesty
               ,
               did
               consent
               to
               a
               Moneths
               pay
               ,
               but
               ,
               my
               Lord
               ,
               without
               their
               consent
               ,
               extends
               it
               beyond
               ,
               and
               pretends
               an
               Order
               (
               to
               say
               no
               more
               of
               it
               )
               when
               there
               was
               no
               such
               thing
               ,
               to
               draw
               some
               Deputy-Lieutenants
               together
               ,
               and
               ,
               when
               they
               are
               drawn
               ,
               to
               make
               an
               Order
               ,
               this
               must
               be
               his
               Justification
               of
               that
               which
               is
               unduely
               done
               :
               And
               ,
               this
               is
               far
               from
               the
               mitigation
               of
               an
               Offence
               .
               To
               do
               an
               unjust
               Act
               is
               one
               thing
               ,
               but
               ,
               it
               is
               a
               great
               aggravation
               when
               it
               is
               drawn
               by
               pretence
               of
               an
               authority
               which
               never
               was
               .
            
             
               On
               27
               October
               ,
               the
               self
               same
               day
               Sir
               
                 Iohn
                 Burroughs
              
               spake
               of
               notice
               taken
               by
               their
               Lordships
               ,
               disclayming
               the
               Order
               for
               a
               Warrant
               ;
               And
               then
               my
               Lord
               acknowledged
               it
               to
               be
               an
               Error
               ;
               and
               ,
               it
               is
               doubtful
               ,
               whether
               he
               would
               have
               acknowleged
               it
               to
               be
               so
               ,
               if
               it
               had
               not
               been
               proved
               so
               .
            
             
               My
               Lords
               Commission
               speaks
               not
               of
               Money
               ,
               and
               the
               Statute
               makes
               not
               to
               this
               Case
               ,
               it
               being
               only
               ,
               That
               when
               men
               are
               on
               their
               Allegiance
               ,
               doing
               the
               King
               faithful
               service
               ,
               they
               should
               not
               be
               attainted
               of
               High-Treason
               for
               doing
               their
               duty
               ;
               And
               ,
               the
               Interpretation
               his
               Lordship
               puts
               on
               it
               ,
               is
               ,
               that
               the
               duty
               of
               the
               Subject
               cannot
               be
               done
               to
               the
               King
               ,
               without
               levying
               money
               in
               an
               unlawful
               way
               ;
               if
               the
               levying
               of
               Money
               ,
               or
               the
               Imposing
               of
               Charges
               be
               matter
               of
               duty
               ,
               then
               he
               gives
               a
               Justification
               of
               the
               Charge
               :
               And
               ,
               whereas
               he
               sayes
               ,
               though
               he
               had
               not
               had
               command
               from
               His
               Majesty
               ,
               nor
               Order
               from
               the
               Council
               of
               Peers
               ,
               he
               had
               power
               enough
               to
               do
               that
               which
               he
               did
               ;
               it
               is
               to
               be
               observed
               ,
               that
               my
               Lord
               did
               not
               require
               men
               first
               to
               serve
               ,
               but
               first
               to
               pay
               money
               ;
               and
               if
               they
               paid
               not
               ,
               then
               he
               Menaces
               them
               ,
               that
               they
               should
               serve
               ,
               as
               appears
               by
               Sir
               
                 William
                 Pennymans
              
               Warrant
               ,
               and
               therefore
               the
               Warrant
               might
               be
               observed
               ,
               which
               Sir
               
                 William
                 Pennyman
              
               justifies
               
               so
               unwillingly
               ,
               though
               in
               other
               things
               he
               be
               very
               forward
               ;
               and
               for
               a
               man
               to
               be
               required
               to
               pay
               Money
               ,
               and
               if
               he
               will
               not
               pay
               it
               ,
               then
               to
               perform
               service
               ,
               is
               hard
               ;
               for
               now
               he
               comes
               not
               on
               the
               Kings
               service
               ,
               but
               on
               the
               displeasure
               of
               them
               that
               require
               Money
               from
               him
               ,
               and
               that
               's
               a
               bad
               discouragement
               to
               them
               that
               serve
               .
            
             
               And
               whereas
               my
               Lord
               sayes
               ,
               nothing
               is
               proved
               ,
               or
               but
               by
               single
               proof
               ,
               their
               Lordships
               may
               be
               pleased
               to
               remember
               ,
               what
               is
               proved
               by
               Sir
               
                 Henry
                 Griffin
              
               ,
               That
               my
               Lord
               said
               ,
               That
               Money
               should
               be
               levied
               ,
               and
               he
               would
               take
               a
               course
               for
               it
               ,
               and
               the
               same
               Gentlemen
               deposes
               ,
               that
               the
               Warrant
               or
               Order
               was
               under
               my
               Lord
               Straffords
               hand
               ,
               which
               was
               the
               Warrant
               for
               them
               to
               pay
               Money
               .
            
             
               It
               is
               likewise
               proved
               by
               Sir
               
                 William
                 Ingram
              
               ,
               that
               he
               said
               the
               private
               men
               must
               maintain
               after
               1
               
                 d.
                 per
              
               day
               ,
               and
               gave
               out
               his
               Command
               to
               the
               Constables
               ,
               and
               he
               would
               have
               all
               men
               know
               ,
               that
               those
               that
               refused
               it
               ,
               were
               in
               a
               little
               better
               condition
               than
               High
               Treason
               ,
               so
               that
               to
               the
               first
               part
               ,
               there
               is
               more
               than
               a
               single
               Testimony
               .
               The
               latter
               part
               shall
               be
               proved
               by
               an
               other
               .
            
             
               Mr.
               
                 Henry
                 Cholmley
              
               being
               Interrogated
               ,
               What
               he
               heard
               my
               Lord
               of
               Strafford
               speak
               ,
               concerning
               Treason
               ,
               in
               case
               men
               pay
               not
               that
               Money
               ,
               or
               to
               that
               effect
               ?
            
             
               He
               Answered
               ,
               That
               he
               heard
               not
               any
               thing
               at
               all
               of
               Treason
               .
               Cconcerning
               
               the
               not
               payment
               ,
               Answered
               ,
               That
               at
               York
               ,
               at
               the
               Mannor-House
               my
               Lord
               of
               Strafford
               speaking
               of
               the
               raising
               of
               the
               Trained-Bands
               ,
               said
               ,
               we
               are
               all
               by
               Law
               tyed
               to
               serve
               the
               King
               in
               our
               own
               persons
               ,
               and
               if
               any
               refuse
               ,
               they
               are
               in
               little
               better
               case
               ,
               than
               Treason
               (
               he
               cannot
               tell
               whether
               he
               said
               
                 High
                 Treason
              
               )
               and
               they
               might
               be
               severely
               punished
               in
               the
               Star-Chamhamber
               .
            
             
               And
               ,
               their
               Lordships
               may
               remember
               Mr.
               Cholmeleys
               former
               Testimony
               ,
               that
               the
               Vice-President
               might
               ,
               or
               shall
               send
               forth
               Warrants
               to
               levy
               Money
               ;
               And
               therefore
               these
               Gentlemens
               Testimonies
               stand
               without
               impeachment
               of
               that
               point
               .
            
             
               My
               Lord
               sayes
               ,
               Moneys
               were
               not
               levyed
               by
               force
               ;
               yet
               it
               was
               proved
               ,
               that
               for
               these
               two
               Regiments
               Money
               was
               levyed
               by
               force
               ;
               for
               ,
               Four
               Soldiers
               came
               to
               the
               Town
               ,
               and
               went
               with
               the
               Constables
               .
            
             
               But
               ,
               he
               sayes
               ,
               it
               concerns
               not
               him
               ,
               for
               no
               Warrant
               of
               his
               was
               shown
               .
               Their
               Lordships
               will
               not
               expect
               ,
               that
               my
               Lord
               of
               Strafford
               should
               give
               particular
               Warrants
               to
               every
               Officer
               ;
               his
               Direction
               is
               proved
               in
               general
               ;
               his
               Commands
               are
               conveyed
               and
               distributed
               by
               particular
               Ministers
               ;
               The
               Captains
               look
               for
               Commands
               from
               them
               that
               are
               above
               them
               ;
               and
               they
               from
               the
               Lieutenant-General
               :
               And
               ,
               Sir
               
                 William
                 Pennyman
              
               conceives
               ,
               the
               Warrant
               made
               out
               by
               the
               Vice-President
               ,
               was
               by
               a
               Warrant
               from
               my
               Lord
               of
               Strafford
               ,
               or
               he
               had
               my
               Lord
               of
               Straffords
               Command
               .
               So
               that
               ,
               take
               that
               which
               is
               under
               Hand
               and
               Seal
               ;
               take
               what
               Sir
               
                 William
                 Pennyman
              
               ,
               take
               what
               Mr.
               Cholmeley
               hath
               spoken
               ,
               it
               cannot
               be
               otherwise
               ,
               but
               it
               was
               done
               by
               my
               Lord
               of
               Straffords
               Command
               ,
               and
               that
               is
               sure
               without
               legal
               Authority
               :
               and
               so
               Mr.
               Maynard
               conceived
               they
               had
               made
               a
               full
               proof
               of
               this
               Article
               .
            
             
             
               For
               that
               which
               concernes
               the
               Great
               Council
               ,
               he
               desired
               my
               Lords
               Answer
               might
               be
               read
               ;
               where
               he
               sayes
               expresly
               ,
               It
               was
               done
               by
               order
               of
               the
               Lords
               of
               the
               Great
               Council
               ;
               And
               ,
               Mr.
               Maynard
               humbly
               prayed
               ,
               that
               some
               of
               the
               Lords
               of
               the
               Great
               Council
               ,
               might
               declare
               the
               Truth
               in
               that
               Case
               .
            
             
               But
               ,
               my
               Lord
               of
               Strafford
               Answered
               ,
               That
               he
               confessed
               it
               here
               at
               the
               
               Barr
               ,
               that
               it
               is
               so
               ;
               and
               ,
               must
               humbly
               put
               their
               Lordships
               in
               mind
               ,
               that
               in
               his
               Answer
               ,
               he
               prayes
               ,
               if
               any
               thing
               be
               mistaken
               ,
               he
               may
               have
               time
               to
               amend
               it
               ;
               and
               he
               doth
               amend
               it
               ,
               he
               confesses
               it
               was
               put
               in
               too
               strongly
               .
            
             
               Mr.
               Glyn
               added
               ,
               That
               they
               put
               their
               Lordships
               in
               mind
               of
               it
               ,
               that
               it
               
               may
               not
               be
               forgotten
               ;
               After
               his
               Lordship
               was
               put
               in
               mind
               of
               it
               by
               the
               Lords
               of
               the
               Great
               Council
               ,
               he
               retracts
               it
               ;
               yet
               ,
               when
               he
               comes
               to
               Answer
               ,
               he
               affirms
               it
               ;
               therefore
               they
               think
               it
               necessary
               ,
               to
               put
               their
               Lordships
               in
               mind
               of
               it
               ,
               least
               he
               affirm
               it
               again
               .
            
             
               Mr.
               Whitlock
               observed
               ,
               That
               my
               Lord
               of
               Strafford
               had
               made
               Justification
               
               of
               his
               Act
               here
               ;
               and
               truely
               ,
               the
               opinions
               which
               he
               hath
               here
               published
               and
               declared
               in
               the
               face
               of
               the
               Parliament
               ,
               are
               sufficient
               grounds
               of
               Condemnation
               of
               him
               .
            
             
               He
               said
               ,
               the
               other
               day
               ,
               That
               in
               case
               of
               necessity
               ,
               the
               King
               was
               loose
               and
               absolved
               ,
               from
               all
               Rules
               of
               Government
               ;
               and
               that
               then
               Money
               might
               be
               levied
               by
               Force
               ;
               and
               ,
               that
               their
               Lordships
               very
               well
               remembers
               what
               that
               necessity
               was
               ,
               indeed
               no
               necessity
               at
               all
               .
               But
               ,
               whatsoever
               the
               necessity
               is
               ,
               they
               know
               no
               such
               Tenent
               as
               my
               Lord
               of
               Strafford
               publishes
               :
               But
               ,
               it
               is
               expresly
               against
               the
               Fundamental
               Lawes
               of
               the
               Kingdom
               ,
               and
               a
               meer
               Course
               for
               his
               bringing
               in
               an
               Arbitrary
               Power
               .
            
             
               His
               Lordship
               said
               ,
               That
               as
               he
               stood
               qualified
               ,
               he
               might
               justifie
               as
               much
               as
               he
               hath
               done
               ;
               Which
               words
               are
               little
               less
               than
               the
               offence
               wherewith
               he
               is
               charged
               ,
               and
               prove
               the
               Charge
               .
               For
               him
               to
               say
               ,
               That
               as
               he
               was
               then
               qualified
               ,
               because
               he
               was
               Lieutenant
               General
               of
               the
               Army
               ,
               he
               might
               send
               his
               Warrants
               to
               Tax
               the
               Kings
               Subjects
               without
               Parliament
               ,
               is
               ,
               to
               take
               on
               him
               the
               Power
               of
               a
               Parliament
               ;
               for
               ,
               under
               favour
               ,
               no
               such
               Tax
               can
               be
               made
               without
               assent
               in
               Parliament
               :
               So
               that
               what
               my
               Lord
               of
               Strafford
               hath
               declared
               as
               a
               ground
               of
               his
               Defence
               ,
               is
               a
               good
               ground
               of
               his
               Condemnation
               .
            
             
               My
               Lord
               of
               Strafford
               did
               here
               desire
               liberty
               to
               speak
               to
               the
               Testimony
               of
               Mr.
               Cholmley
               ,
               which
               is
               new
               matter
               ;
               and
               ,
               he
               besought
               their
               Lordships
               
               to
               observe
               ,
               That
               he
               did
               not
               say
               ,
               as
               Sir
               
                 William
                 Ingram
              
               ,
               That
               the
               Money
               should
               be
               paid
               ,
               and
               he
               that
               paid
               not
               the
               Money
               ,
               should
               be
               in
               little
               better
               condition
               ,
               then
               High
               Treason
               ;
               But
               ,
               he
               that
               denies
               his
               Allegiance
               to
               the
               King
               ,
               to
               go
               with
               Him
               in
               His
               Wars
               ,
               in
               Defence
               of
               the
               Realm
               ,
               is
               little
               better
               than
               guilty
               of
               Treason
               ,
               or
               is
               Fineable
               in
               the
               Star-Chamber
               :
               But
               ,
               because
               these
               are
               tender
               Points
               ,
               and
               he
               little
               understands
               them
               ,
               and
               they
               take
               hold
               of
               all
               that
               falls
               from
               him
               ,
               he
               shall
               say
               no
               more
               ,
               but
               that
               the
               Testimony
               of
               the
               one
               and
               the
               other
               ,
               are
               two
               several
               things
               .
            
             
               And
               ,
               his
               Lordship
               proceeded
               to
               speak
               something
               touching
               Sir
               
                 William
                 Ingrams
              
               Testimony
               ,
               which
               Mr.
               Glyn
               interposed
               ,
               and
               said
               ,
               That
               's
               no
               new
               
               matter
               ,
               but
               it
               only
               arises
               out
               of
               his
               Answer
               ,
               and
               therefore
               he
               desired
               no
               more
               might
               be
               said
               to
               that
               .
            
             
               He
               proceeded
               to
               other
               matters
               contained
               in
               the
               Reply
               ,
               and
               offered
               to
               their
               Lordships
               ,
               That
               it
               had
               been
               said
               ,
               he
               did
               publiquely
               justify
               at
               the
               Bar
               ,
               that
               he
               had
               power
               to
               lay
               Taxes
               ,
               and
               to
               force
               payment
               ;
               but
               he
               said
               ,
               under
               favour
               ,
               no
               such
               thing
               ;
               but
               that
               he
               having
               the
               Kings
               Commission
               and
               Power
               to
               call
               in
               such
               ,
               as
               he
               should
               think
               fit
               to
               serve
               the
               King
               ,
               for
               defence
               of
               the
               Realm
               ,
               and
               this
               being
               pursuant
               to
               the
               Act
               of
               Parliament
               of
               11
               H.
               7.
               he
               said
               ,
               he
               might
               justify
               (
               as
               he
               conceives
               )
               the
               calling
               of
               the
               Regiments
               to
               relieve
               by
               turns
               one
               another
               ,
               as
               there
               should
               be
               occasion
               ;
               but
               to
               say
               ,
               he
               had
               power
               to
               Tax
               what
               he
               pleased
               ,
               God
               forbid
               ,
               he
               should
               say
               or
               think
               such
               a
               thing
               .
               He
               is
               not
               the
               wisest
               man
               in
               the
               world
               ,
               yet
               not
               so
               ignorant
               ,
               but
               to
               know
               that
               the
               one
               were
               a
               great
               breach
               ,
               on
               the
               fundamental
               propriety
               and
               liberty
               of
               the
               Subject
               ;
               but
               to
               call
               men
               to
               perform
               their
               Duty
               for
               preservation
               of
               the
               King
               and
               Kingdom
               ,
               he
               conceives
               to
               be
               a
               quite
               different
               thing
               .
            
             
               His
               Lordship
               proceeded
               to
               speak
               to
               some
               part
               of
               the
               Reply
               ,
               concerning
               his
               sending
               forth
               of
               Warrants
               to
               levy
               by
               force
               .
            
             
               Which
               being
               excepted
               against
               ,
               as
               new
               mattermy
               Lord
               of
               Strafford
               answer'd
            
             
               That
               if
               he
               speaks
               new
               matter
               ,
               it
               is
               sufficient
               punishment
               to
               him
               .
            
             
               My
               Lord
               of
               Strafford
               proceeded
               ,
               That
               he
               is
               charged
               to
               be
               the
               procurer
               of
               Sir
               
                 William
                 Pennymans
              
               sending
               a
               Warrant
               to
               levy
               by
               force
               ,
               whereas
               ,
               he
               said
               ,
               the
               Warrant
               was
               issued
               by
               him
               and
               the
               Deputy-Lieutenants
               .
            
             
               But
               that
               being
               denyed
               and
               apprehended
               to
               be
               new
               matter
               .
            
             
               Mr.
               Whitlock
               desired
               to
               Reply
               to
               my
               Lord
               of
               
               Strafford's
               Answer
               ,
               to
               
               what
               he
               had
               formerly
               opened
               ,
               wherein
               he
               conceived
               he
               was
               not
               mistaken
               ,
               but
               if
               he
               were
               ,
               he
               submitted
               ,
               but
               he
               opened
               it
               thus
               .
               That
               as
               my
               Lord
               of
               Strafford
               with
               the
               Power
               and
               Commission
               he
               had
               ,
               he
               said
               ,
               he
               might
               justify
               what
               he
               had
               done
               ,
               and
               it
               proved
               that
               he
               sent
               Warrants
               to
               levy
               Money
               ,
               and
               these
               Moneys
               were
               levyed
               by
               force
               .
            
             
               Mr.
               Maynard
               added
               ,
               That
               they
               are
               here
               for
               the
               King
               and
               Common-wealth
               ,
               
               and
               desired
               ,
               that
               Right
               might
               be
               spared
               them
               ,
               and
               that
               there
               might
               not
               be
               continual
               Replyes
               :
               That
               no
               colour
               of
               Answer
               is
               given
               ;
               that
               because
               a
               man
               must
               serve
               in
               person
               ,
               therefore
               Money
               must
               be
               required
               of
               him
               ,
               else
               he
               must
               be
               brought
               by
               Head
               and
               Shoulders
               to
               serve
               in
               person
               .
               They
               offered
               a
               Warrant
               made
               upon
               peril
               of
               Life
               ,
               under
               the
               Hand
               and
               Seal
               of
               Sir
               
                 Edward
                 Osborne
              
               .
            
             
               Whence
               Mr.
               Maynard
               observed
               ,
               That
               there
               is
               Imprisonment
               ;
               Levying
               of
               Money
               ;
               charging
               upon
               pain
               of
               Life
               ;
               levying
               of
               Goods
               :
               nothing
               can
               be
               put
               upon
               the
               Subject
               ,
               but
               it
               hath
               been
               offered
               in
               this
               Case
               .
            
             
               Mr.
               Glyn
               Summ'd
               up
               their
               Proofs
               ,
               saying
               ,
               Since
               my
               Lord
               of
               Strafford
               will
               have
               another
               Reply
               ,
               they
               have
               produced
               their
               Proofs
               ,
               That
               he
               
               hath
               levied
               War
               against
               the
               Kings
               Subjects
               ,
               and
               did
               before
               declare
               
               an
               Intention
               to
               levy
               Money
               ,
               which
               was
               afterwards
               done
               by
               his
               direction
               .
            
             
               Sir
               
                 William
                 Pennyman
              
               proves
               ,
               that
               Warrants
               were
               issued
               ,
               and
               in
               such
               sort
               as
               mentions
               a
               coertion
               ;
               They
               have
               in
               pursuance
               proved
               it
               to
               be
               levied
               by
               four
               Musquetiers
               ,
               if
               he
               gave
               direction
               ,
               another
               gave
               execution
               ,
               and
               the
               parties
               Body
               must
               be
               carried
               away
               ,
               if
               he
               pays
               not
               ;
               which
               is
               a
               levying
               of
               War
               against
               the
               Kings
               Subjects
               :
               and
               Gogan
               5
               R.
               2.
               was
               accused
               of
               Treason
               ,
               for
               forceing
               a
               man
               to
               enter
               into
               Bond
               ,
               which
               is
               not
               so
               much
               as
               to
               force
               those
               payments
               on
               the
               Kings
               Subjects
               .
            
             
               They
               produced
               Sir
               
                 Edward
                 Osborns
              
               Warrant
               attested
               by
               Mr.
               Cholmley
               to
               be
               the
               Original
               Warrant
               that
               he
               had
               from
               Mr.
               Vice-President
               ,
               to
               send
               for
               the
               levying
               of
               the
               Money
               .
            
             
               
                 
                   
                     
                       To
                       the
                       &c.
                       
                    
                     
                       WHereas
                       His
                       Majesty
                       is
                       informed
                       ,
                       that
                       the
                       Regiment
                       under
                       Command
                       of
                       Col.
                       Cholmley
                       is
                       set
                       forth
                       with
                       little
                       Money
                       ,
                       which
                       expresses
                       great
                       disaffection
                       to
                       His
                       Majesties
                       service
                       ,
                       and
                       wilful
                       neglect
                       of
                       your
                       own
                       ,
                       and
                       the
                       whole
                       Kingdoms
                       safety
                       ;
                       the
                       Scotch
                       Army
                       having
                       taken
                       Newcastle
                       ,
                       and
                       being
                       on
                       their
                       march
                       towards
                       these
                       parts
                       :
                       These
                       are
                       therefore
                       to
                       Will
                       and
                       require
                       you
                       in
                       His
                       Majesties
                       Name
                       ,
                       and
                       by
                       His
                       special
                       Command
                       ,
                       to
                       raise
                       ,
                       and
                       cause
                       to
                       be
                       raised
                       by
                       the
                       Port
                       Constable
                       ,
                       or
                       otherwise
                       as
                       you
                       shall
                       think
                       best
                       ,
                       the
                       sum
                       of
                       
                         20s
                         .
                         8d
                      
                       .
                       at
                       least
                       for
                       each
                       common
                       Soldiers
                       belonging
                       to
                       such
                       Towns
                       or
                       Parishes
                       ,
                       and
                       to
                       send
                       the
                       same
                       immediately
                       to
                       York
                       ,
                       to
                       be
                       delivered
                       to
                       the
                       Colonel
                       ,
                       for
                       Pay
                       and
                       Supply
                       of
                       the
                       said
                       Soldiers
                       ,
                       and
                       likewise
                       to
                       charge
                       and
                       command
                       all
                       and
                       every
                       person
                       and
                       persons
                       ,
                       who
                       find
                       private
                       Arms
                       ,
                       or
                       contribute
                       thereunto
                       ,
                       forthwith
                       to
                       send
                       the
                       like
                       sum
                       at
                       least
                       to
                       York
                       ,
                       to
                       be
                       disposed
                       as
                       aforesaid
                       ;
                       And
                       in
                       case
                       any
                       of
                       them
                       refuse
                       to
                       contribute
                       ,
                       you
                       are
                       required
                       by
                       like
                       Command
                       ,
                       to
                       certify
                       me
                       the
                       Names
                       of
                       such
                       refusers
                       ,
                       that
                       a
                       Messenger
                       may
                       be
                       sent
                       to
                       bring
                       them
                       hither
                       to
                       serve
                       in
                       person
                       ,
                       and
                       be
                       severely
                       punished
                       ,
                       according
                       to
                       the
                       Quality
                       of
                       so
                       high
                       an
                       offence
                       ,
                       seeing
                       the
                       safety
                       of
                       His
                       Majesties
                       Person
                       ,
                       and
                       the
                       safety
                       of
                       the
                       Kingdom
                       depends
                       on
                       this
                       ;
                       Fail
                       not
                       in
                       the
                       speedy
                       execution
                       thereof
                       ,
                       as
                       you
                       will
                       answer
                       to
                       the
                       contrary
                       ,
                       on
                       peril
                       of
                       your
                       life
                       .
                    
                     
                       
                         Dated
                         
                           the
                           last
                           of
                           August
                           1640.
                           
                        
                      
                    
                  
                
              
            
             
               Mr.
               Maynard
               desired
               their
               Lordships
               to
               observe
               the
               former
               Deposition
               
               that
               my
               Lord
               of
               Strafford
               should
               say
               ,
               The
               Vice-President
               shall
               ,
               or
               may
               send
               forth
               Warrants
               ,
               and
               it
               is
               originally
               my
               Lord
               of
               Straffords
               fault
               .
            
             
               And
               so
               they
               concluded
               the
               
                 27th
                 Article
              
               .
            
             
               Mr.
               Glyn
               did
               offer
               to
               their
               Lordships
               ,
               that
               there
               is
               the
               
                 28th
                 Article
              
               remaining
               ,
               wherein
               ,
               whether
               shall
               proceed
               or
               no
               ,
               they
               have
               not
               yet
               resolved
               .
               
            
             
               But
               they
               desired
               another
               day
               to
               be
               heard
               ,
               they
               having
               something
               more
               to
               say
               .
            
             
               And
               so
               the
               Court
               was
               Adjourned
               ,
               and
               the
               next
               day
               was
               appointed
               ,
               a
               Etight
               of
               the
               clock
               .
            
          
        
         
           
             
             
               A
               SUMMARY
               OF
               THE
               EVIDENCE
               Of
               my
               Lord
               of
               STRAFFORD
               .
            
             
               April
               12.
               
            
             
               THis
               Day
               being
               appointed
               ,
               for
               the
               Summing
               up
               of
               the
               Evidence
               formerly
               given
               on
               both
               sides
               ,
               in
               the
               Cause
               concerning
               my
               Lord
               of
               Strafford
               ;
               The
               Right
               Honourable
               the
               Lord
               Steward
               spake
               in
               substance
               as
               followeth
               .
            
             
               
                 My
                 Lord
                 of
              
               Strafford
               ,
               
                 I
                 am
                 Commanded
                 by
                 my
                 Lords
                 to
                 let
                 you
                 know
                 ,
                 that
                 they
                 do
                 expect
                 your
                 Lordship
                 will
                 go
                 on
                 in
                 the
                 Order
                 set
                 ,
                 to
                 sum
                 up
                 your
                 Lordships
                 Evidence
                 ;
                 and
                 ,
                 those
                 Gentlemen
                 of
                 the
                 House
                 of
                 Commons
                 will
                 likewise
                 sum
                 up
                 theirs
                 ,
                 for
                 the
                 Close
                 of
                 Proofes
                 in
                 Matter
                 of
                 Fact
                 ;
                 and
                 ,
                 that
                 your
                 Lordship
                 do
                 it
                 with
                 all
                 Clearness
                 and
                 Succinctness
                 ,
                 avoiding
                 any
                 thing
                 that
                 may
                 give
                 Impediment
                 ,
                 to
                 the
                 Clear
                 and
                 Fair
                 Proceeding
                 of
                 the
                 Cause
                 ,
                 which
                 ,
                 for
                 matter
                 of
                 Fact
                 ,
                 is
                 come
                 to
                 a
                 Period
                 .
              
            
             
               My
               Lord
               of
               Strafford
               humbly
               desired
               ,
               That
               he
               might
               clearly
               understand
               what
               was
               expected
               in
               that
               case
               ,
               and
               then
               he
               would
               perfectly
               obey
               my
               Lords
               in
               all
               things
               ;
               adding
               ,
               that
               he
               Conceives
               their
               Lordships
               intention
               is
               ,
               that
               they
               shall
               go
               upon
               what
               hath
               been
               alleadged
               before
               their
               Lordships
               ,
               without
               any
               new
               matter
               to
               be
               further
               alleadged
               on
               either
               side
               .
            
             
             
               Whereunto
               my
               Lord
               Steward
               replyed
               ,
               
                 That
                 if
                 there
                 be
                 any
                 new
                 matter
                 ,
                 God
                 forbid
                 but
                 they
                 might
                 alledge
                 it
                 .
              
            
             
               And
               ,
               my
               Lord
               Strafford
               thereupon
               Answered
               ,
               That
               he
               will
               offer
               no
               New
               Matter
               ,
               unless
               it
               should
               arise
               from
               the
               other
               side
               ;
               professing
               himself
               ready
               to
               be
               disposed
               of
               ,
               in
               all
               Acts
               of
               Obedience
               to
               their
               Lordships
               .
               And
               then
               his
               Lordship
               proceeded
               to
               Recollect
               his
               Evidence
               in
               Substance
               ,
               as
               followeth
               .
            
             
               May
               it
               please
               your
               Lordships
               ,
               it
               falls
               to
               my
               turn
               ,
               by
               your
               Lordships
               leave
               and
               favour
               ,
               to
               presume
               to
               put
               you
               in
               mind
               ,
               and
               to
               represent
               to
               you
               ,
               the
               Proofes
               ,
               as
               they
               have
               been
               offered
               ,
               which
               I
               shall
               do
               to
               the
               best
               of
               my
               Memory
               ,
               with
               a
               great
               deale
               of
               Clearness
               .
               I
               shall
               desire
               to
               represent
               them
               neither
               better
               nor
               worse
               ,
               then
               they
               are
               in
               themselves
               ,
               and
               ,
               I
               wish
               ,
               the
               like
               Rule
               may
               be
               observed
               on
               the
               other
               side
               ;
               For
               ,
               in
               the
               proceeding
               of
               this
               Cause
               ,
               I
               heard
               them
               alleadge
               ,
               that
               ,
               as
               they
               conceived
               ,
               divers
               Articles
               were
               fully
               proved
               ;
               Whence
               I
               conceive
               ,
               there
               was
               nothing
               fully
               Proved
               .
            
             
               My
               Lords
               ,
               my
               Memory
               is
               weak
               ,
               my
               health
               hath
               been
               impayred
               ,
               and
               I
               have
               not
               had
               such
               quiet
               thoughts
               ,
               as
               I
               desired
               to
               have
               had
               ,
               in
               a
               business
               of
               so
               great
               and
               weighty
               importance
               to
               me
               :
               And
               therefore
               I
               shall
               most
               humbly
               beseech
               your
               Lordships
               ,
               that
               by
               your
               Wisdom
               ,
               your
               Justice
               and
               Goodness
               ,
               I
               may
               be
               so
               much
               bound
               to
               you
               ,
               as
               to
               have
               my
               Infirmities
               supplyed
               by
               your
               better
               Abilities
               ,
               better
               Judgments
               ,
               and
               better
               Memories
               .
            
             
               My
               Lords
               ,
               The
               Charge
               I
               am
               to
               Answer
               ,
               is
               a
               Charge
               of
               High-Treason
               ;
               and
               ,
               that
               which
               makes
               it
               the
               most
               grievous
               of
               all
               ,
               it
               is
               an
               Impeachment
               of
               Treason
               from
               the
               Honourable
               House
               of
               Commons
               :
               Were
               not
               that
               in
               the
               Case
               ,
               my
               Lords
               ,
               it
               would
               not
               press
               so
               heavy
               and
               sore
               upon
               me
               ,
               as
               now
               it
               doth
               ,
               having
               the
               Authority
               and
               Power
               of
               their
               Names
               upon
               it
               ;
               Otherwise
               ,
               my
               Lords
               ,
               the
               Innocency
               ,
               and
               the
               Clearness
               of
               my
               own
               heart
               from
               so
               Foul
               a
               Crime
               ,
               is
               such
               ,
               that
               I
               must
               with
               Modesty
               say
               ,
               if
               I
               had
               no
               other
               sin
               to
               answer
               for
               ,
               it
               would
               be
               easily
               borne
               .
            
             
               My
               Lords
               ,
               as
               I
               went
               along
               Article
               by
               Article
               ,
               These
               Gentlemen
               were
               pleased
               to
               say
               ,
               They
               were
               no
               Treasons
               in
               themselves
               ,
               but
               Conducing
               to
               the
               Proof
               of
               Treason
               :
               and
               ,
               most
               of
               the
               Articles
               being
               gone
               over
               ,
               they
               come
               to
               the
               Point
               at
               last
               .
               And
               hence
               ,
               my
               Lords
               ,
               I
               have
               all
               along
               watched
               ,
               to
               see
               if
               that
               I
               could
               find
               that
               Poysoned
               Arrow
               ,
               that
               should
               Invenome
               all
               the
               rest
               ;
               that
               Deadly
               Cup
               of
               Wine
               ,
               that
               should
               intoxicate
               a
               few
               alledged
               Inconveniences
               ,
               and
               Misdemeanors
               ,
               to
               run
               them
               up
               to
               High
               Treason
               .
            
             
               My
               Lords
               ,
               I
               confess
               it
               seems
               very
               strange
               to
               me
               ,
               that
               there
               being
               a
               special
               difference
               between
               Misdemeanors
               ,
               and
               between
               Felonies
               and
               Treasons
               ;
               How
               is
               it
               possible
               that
               ever
               Misdemeanors
               should
               make
               Felonies
               ,
               or
               a
               hundred
               Felonies
               make
               a
               Treason
               ?
               Or
               ,
               that
               Misdemeanors
               should
               be
               made
               Accessaryes
               to
               Treason
               ,
               where
               there
               is
               not
               a
               Principal
               in
               the
               Case
               ?
               No
               Treason
               ,
               I
               hope
               ,
               shall
               be
               found
               in
               me
               ,
               nor
               in
               any
               thing
               I
               hear
               to
               be
               charged
               ,
               under
               favour
               ,
               and
               not
               waved
               .
            
             
             
               They
               say
               well
               ,
               That
               if
               a
               man
               be
               taken
               threatning
               of
               a
               man
               to
               kill
               him
               ,
               Conspiring
               his
               death
               ,
               and
               with
               a
               Bloody
               Knife
               in
               his
               hand
               ,
               these
               be
               great
               Arguments
               to
               convince
               a
               man
               of
               Murder
               .
               But
               then
               ,
               under
               favour
               ,
               the
               man
               must
               be
               killed
               ;
               for
               ,
               if
               the
               man
               be
               not
               killed
               ,
               the
               murder
               is
               nothing
               .
               So
               ,
               all
               these
               things
               that
               they
               would
               make
               conduce
               to
               Treason
               ,
               unless
               something
               be
               Treasonable
               ,
               under
               favour
               ,
               they
               cannot
               be
               applyed
               to
               Treason
               .
            
             
               My
               Lords
               ,
               I
               have
               learnt
               that
               in
               this
               Case
               ,
               which
               I
               did
               not
               know
               before
               ,
               that
               there
               be
               Treasons
               of
               two
               kinds
               ;
               there
               be
               Statute-Treasons
               ,
               there
               be
               Treasons
               at
               Common-Law
               ,
               or
               Treasons
               Constructive
               and
               Arbitrary
               .
            
             
               My
               Lords
               ,
               These
               Constructive
               Treasons
               have
               been
               strangers
               in
               this
               Common-wealth
               a
               great
               while
               ,
               and
               ,
               I
               trust
               ,
               shall
               be
               still
               ,
               by
               your
               Lordships
               Wisdom
               and
               Justice
               :
               But
               ,
               as
               for
               Treasons
               in
               the
               Statute
               ,
               I
               do
               ,
               with
               all
               gladness
               and
               humility
               acknowledge
               your
               Lordships
               to
               be
               my
               Judges
               ,
               and
               none
               but
               you
               ,
               under
               favour
               ,
               can
               be
               my
               Judges
               :
               His
               Majesty
               is
               above
               it
               ,
               the
               King
               Condemns
               no
               Man
               :
               the
               great
               operation
               of
               His
               Scepter
               is
               Mercy
               ;
               His
               Justice
               is
               dispensed
               by
               His
               Ministry
               ;
               so
               He
               is
               no
               Judge
               in
               the
               Case
               (
               with
               Reverence
               be
               it
               spoken
               :
               )
               and
               likewise
               no
               Commoner
               can
               be
               Judge
               in
               the
               Case
               of
               Life
               and
               Death
               ,
               under
               favour
               ,
               in
               regard
               he
               is
               of
               another
               Body
               :
               So
               that
               ,
               my
               Lords
               ,
               I
               do
               acknowledge
               entirely
               ,
               you
               are
               my
               Judges
               ,
               and
               do
               ,
               with
               all
               chearfulness
               in
               the
               World
               ,
               submit
               my self
               unto
               you
               ;
               thinking
               ,
               that
               I
               have
               great
               cause
               to
               give
               God
               thanks
               ,
               that
               I
               have
               you
               for
               my
               Judges
               ,
               and
               ,
               God
               be
               praised
               it
               is
               so
               ;
               and
               ,
               Celebrated
               be
               the
               Wisdom
               of
               our
               Ancestors
               that
               have
               so
               ordained
               it
               .
            
             
               My
               Lords
               ,
               I
               shall
               observe
               these
               Rules
               ;
               First
               ,
               I
               shall
               (
               as
               I
               hope
               )
               clear
               my self
               of
               Statute
               Treason
               ,
               and
               then
               shall
               come
               to
               Constructive
               Treason
               ,
               or
               Treason
               at
               the
               Common-Law
               .
            
             
               The
               first
               point
               they
               Charge
               me
               withal
               of
               Treason
               ,
               is
               upon
               the
               Fifteenth
               Article
               ;
               Wherein
               neverthess
               ,
               before
               I
               come
               to
               Answer
               the
               Particulars
               ,
               I
               must
               humbly
               inform
               your
               Lordships
               ,
               that
               ,
               in
               that
               Article
               ,
               two
               of
               the
               most
               material
               Charges
               are
               waved
               in
               the
               first
               part
               ;
               that
               piece
               of
               the
               Charge
               that
               sounds
               so
               high
               ,
               concerning
               a
               Miscarriage
               in
               me
               ,
               in
               Levying
               Money
               upon
               the
               Towns
               of
               
                 Baltemore
                 ,
                 Bandenbridge
                 ,
                 Talow
              
               ,
               of
               that
               I
               hear
               nothing
               ,
               and
               I
               shall
               mention
               it
               only
               thus
               farr
               ,
               humbly
               to
               remember
               your
               Lordships
               ,
               that
               ,
               in
               that
               particular
               ,
               I
               trust
               I
               have
               spoken
               nothing
               ,
               that
               I
               should
               merit
               less
               belief
               of
               your
               Lordships
               :
               For
               my
               part
               ,
               it
               is
               far
               from
               me
               ,
               to
               put
               you
               upon
               any
               prejudice
               ,
               by
               any
               means
               whatsoever
               ;
               I
               look
               onely
               to
               the
               preserving
               of
               my self
               ,
               if
               it
               may
               be
               without
               prejudice
               and
               hurt
               to
               any
               living
               Soul.
               
            
             
               Then
               they
               likewise
               wave
               another
               piece
               of
               the
               Charge
               ,
               and
               that
               is
               ,
               that
               I
               should
               ,
               by
               force
               of
               Armes
               ,
               dispossess
               divers
               persons
               in
               the
               Territory
               of
               Idengh
               ;
               and
               well
               they
               may
               ,
               for
               ,
               in
               truth
               ,
               there
               is
               nothing
               at
               all
               of
               it
               that
               I
               am
               to
               Answer
               ,
               it
               being
               wholly
               done
               by
               the
               Order
               of
               Chancery
               ,
               and
               I
               having
               no
               more
               to
               do
               with
               it
               ,
               then
               any
               man
               that
               hears
               it
               :
               the
               Matter
               that
               stayes
               with
               me
               in
               this
               Article
               ,
               is
               ,
               the
               alleadged
               Warrant
               to
               Mr.
               Savill
               Sergeant
               at
               Armes
               ,
               and
               the
               Execution
               of
               it
               ,
               for
               that
               I
               shall
               humbly
               beseech
               your
               Lordships
               ,
               I
               may
               mind
               you
               ,
               with
               all
               humility
               ,
               that
               that
               Warrant
               is
               not
               shewed
               ;
               and
               ,
               I
               do
               think
               ,
               that
               my
               Lords
               the
               Judges
               do
               ,
               in
               the
               Tryals
               before
               them
               ,
               observe
               ,
               that
               Deeds
               are
               to
               prove
               themselves
               in
               ordinary
               Tryals
               
               betwixt
               Men
               and
               Men
               ;
               Now
               ,
               how
               much
               more
               in
               a
               Tryal
               for
               life
               ,
               and
               ,
               which
               is
               more
               than
               that
               (
               though
               my
               Misfortune
               will
               have
               me
               to
               own
               it
               )
               in
               the
               Tryal
               of
               a
               Peer
               ?
            
             
               The
               Witnesses
               ,
               my
               Lords
               ,
               say
               ,
               They
               have
               seen
               such
               a
               Warrant
               ;
               But
               ,
               no
               Witnesse
               sayes
               ,
               he
               knowes
               it
               ,
               and
               will
               Swear
               it
               to
               be
               my
               Hand
               and
               Seal
               ;
               or
               ,
               that
               I
               set
               my
               Hand
               or
               Seal
               to
               it
               ;
               for
               ,
               it
               may
               be
               Counterfeited
               ,
               for
               any
               thing
               they
               know
               .
            
             
               For
               ,
               Mr.
               Savill
               ,
               upon
               Oath
               ,
               I
               thought
               (
               under
               Favour
               )
               he
               ought
               not
               to
               be
               admitted
               against
               me
               ;
               for
               ,
               he
               Swears
               directly
               to
               justifie
               himself
               :
               for
               if
               there
               be
               no
               such
               Warrant
               ,
               he
               is
               answerable
               for
               the
               Fact
               ,
               not
               I.
               But
               ,
               my
               Lords
               ,
               admit
               there
               were
               such
               a
               Warrant
               ,
               I
               humbly
               conceive
               ,
               I
               gave
               your
               Lordships
               a
               very
               clear
               and
               full
               Answer
               to
               it
               ;
               I
               shewed
               you
               (
               and
               proved
               it
               ,
               as
               I
               conceive
               )
               that
               the
               Sessing
               of
               Soldiers
               hath
               been
               a
               Coercive
               means
               used
               in
               Ireland
               alwayes
               ,
               to
               enforce
               obedience
               to
               the
               Kings
               Authority
               ;
               I
               proved
               it
               to
               have
               been
               used
               ,
               to
               fetch
               in
               the
               Kings
               Rents
               of
               all
               kinds
               ,
               Contributions
               ,
               Compositions
               ,
               and
               Exchequer
               Rents
               ;
               I
               proved
               it
               to
               have
               been
               used
               ,
               to
               bring
               in
               Offenders
               and
               Rebels
               ,
               and
               (
               as
               my
               Lord
               Ranalagh
               deposes
               )
               for
               any
               Unjustifiable
               Act.
               Sir
               
                 Arthur
                 Terringham
              
               ,
               for
               a
               small
               Debt
               ,
               which
               appears
               not
               to
               be
               the
               Kings
               Debt
               ;
               My
               Lords
               ,
               nothing
               at
               all
               is
               proved
               against
               it
               ,
               but
               Negatively
               ,
               the
               Witnesses
               say
               ,
               they
               did
               not
               know
               such
               a
               thing
               ,
               they
               had
               not
               heard
               the
               like
               ;
               and
               ,
               I
               think
               ,
               none
               of
               your
               Lordships
               had
               ,
               before
               this
               Cause
               ;
               and
               yet
               that
               thing
               might
               be
               too
               .
            
             
               And
               ,
               my
               Lords
               ,
               I
               beseech
               your
               Lordships
               ,
               How
               should
               it
               be
               not
               Treason
               ,
               to
               Assess
               Soldiers
               for
               the
               Kings
               Debts
               ,
               and
               yet
               the
               Assessing
               of
               Soldiers
               ,
               on
               the
               Contempt
               of
               the
               Kings
               Authority
               ,
               should
               be
               Treason
               ?
               for
               certainly
               the
               Kings
               Authority
               is
               of
               far
               more
               Dignity
               ,
               and
               more
               respect
               is
               to
               be
               had
               to
               it
               ,
               then
               the
               getting
               of
               a
               few
               poor
               Debts
               ;
               and
               ,
               why
               it
               should
               be
               Treason
               in
               one
               Case
               ,
               and
               not
               in
               another
               ,
               methinks
               it
               is
               very
               strange
               .
            
             
               My
               Lords
               ,
               in
               the
               next
               place
               I
               conceive
               ,
               that
               not
               in
               any
               Construction
               this
               can
               be
               said
               to
               be
               a
               Levying
               of
               War
               against
               the
               King
               and
               His
               People
               ,
               being
               but
               the
               Imployment
               of
               two
               or
               three
               Soldiers
               ,
               to
               procure
               obedience
               to
               His
               Majesties
               Government
               :
               because
               (
               as
               I
               conceive
               likewise
               )
               I
               had
               Commission
               to
               make
               War
               as
               I
               saw
               Cause
               ,
               for
               punishing
               the
               Rebels
               ,
               and
               securing
               the
               Publick
               Peace
               ;
               and
               therefore
               ,
               How
               can
               I
               be
               charged
               with
               that
               I
               have
               power
               to
               do
               ?
            
             
               The
               worst
               that
               can
               be
               made
               of
               it
               ,
               is
               ,
               an
               absurd
               execution
               of
               a
               Power
               ;
               but
               ,
               to
               make
               it
               Treason
               ,
               when
               I
               had
               Commission
               and
               Liberty
               so
               to
               do
               ,
               methinks
               that
               is
               very
               hard
               :
               And
               ,
               it
               was
               no
               absurd
               execution
               of
               a
               Power
               ,
               under
               favour
               neither
               ,
               when
               I
               had
               the
               Precedent
               of
               all
               the
               former
               Deputies
               and
               Lieutenants
               in
               the
               Case
               .
            
             
               My
               Lords
               ,
               it
               was
               never
               Complained
               of
               all
               the
               while
               I
               was
               there
               ,
               for
               ought
               appears
               to
               your
               Lordships
               ;
               so
               ,
               that
               it
               seems
               there
               was
               no
               great
               Innovation
               ,
               nor
               Inconvenience
               ,
               for
               ,
               if
               there
               were
               ,
               I
               should
               have
               heard
               of
               it
               .
            
             
               But
               ,
               the
               Statute
               11
               E.
               1.
               ca.
               7.
               sets
               a
               penalty
               upon
               any
               Subject
               ,
               that
               shall
               Assess
               without
               the
               Deputies
               Authority
               .
               Now
               I
               do
               most
               humbly
               beseech
               your
               Lordships
               ,
               that
               you
               would
               be
               pleased
               to
               remember
               that
               ,
               and
               let
               me
               know
               how
               it
               should
               be
               but
               Penal
               in
               a
               Common
               person
               to
               do
               it
               ,
               and
               yet
               Treason
               in
               a
               Deputy
               ?
            
             
             
               My
               Lords
               ,
               I
               shall
               likewise
               humbly
               mind
               your
               Lordships
               for
               the
               Statute
               ,
               or
               rather
               two
               Statutes
               ,
               as
               I
               take
               it
               ,
               whereby
               I
               conceive
               this
               Statute
               that
               made
               a
               Treason
               in
               Ireland
               was
               repealed
               ;
               But
               ,
               howsoever
               ,
               the
               practice
               in
               all
               time
               hath
               gone
               quite
               contrary
               to
               that
               Statute
               ,
               and
               the
               best
               Interpretation
               of
               Law
               is
               the
               Practice
               of
               Law
               ;
               and
               therefore
               the
               Practice
               having
               been
               otherwise
               ,
               it
               is
               an
               Argument
               very
               strong
               and
               prevalent
               ,
               that
               the
               Deputy
               ,
               as
               Chief
               Governor
               ,
               was
               never
               intended
               to
               be
               Concluded
               within
               that
               Act
               ,
               nor
               never
               to
               be
               brought
               in
               by
               General
               Words
               onely
               .
            
             
               And
               ,
               that
               this
               should
               be
               a
               Levying
               of
               War
               against
               the
               King
               ,
               within
               the
               Statute
               of
               25
               E.
               3.
               in
               England
               ,
               surely
               I
               conceive
               it
               cannot
               be
               ;
               for
               ,
               the
               Burning
               of
               Towns
               ,
               the
               Taking
               of
               Forts
               ,
               Killing
               and
               Slaying
               ,
               that
               I
               conceive
               to
               be
               a
               Levying
               of
               War
               ;
               but
               ,
               this
               is
               a
               strange
               Levying
               of
               War
               ,
               with
               two
               or
               three
               Soldiers
               to
               rest
               in
               Peace
               and
               Quietness
               ,
               eating
               on
               Contemners
               onely
               (
               and
               not
               Killing
               and
               Slaying
               )
               and
               all
               to
               procure
               Obedience
               to
               the
               King
               ,
               not
               in
               Disobedience
               to
               His
               Command
               .
               If
               to
               lie
               upon
               them
               and
               eate
               ,
               be
               High-Treason
               ,
               in
               this
               Case
               ,
               What
               shall
               become
               of
               a
               great
               Company
               of
               good
               Fellowes
               ,
               that
               at
               this
               time
               eate
               at
               the
               Charge
               of
               the
               Country
               ?
            
             
               No
               ,
               my
               Lords
               ;
               This
               ,
               in
               the
               Case
               of
               a
               private
               Man
               ,
               had
               been
               but
               a
               Forcible
               Entry
               ,
               or
               a
               Ryot
               at
               the
               most
               ,
               if
               a
               man
               had
               done
               the
               same
               thing
               Mr.
               Savil
               did
               of
               his
               own
               Authority
               ,
               without
               the
               Deputy
               ,
               it
               had
               been
               but
               a
               Force
               and
               Ryot
               ;
               and
               ,
               How
               shall
               this
               be
               in
               my
               Case
               High
               Treason
               ?
            
             
               The
               next
               Charge
               ,
               in
               that
               Case
               ,
               is
               ,
               concerning
               a
               Warrant
               to
               one
               Piggot
               ,
               another
               Sergeant
               at
               Armes
               ,
               and
               the
               great
               and
               crying
               Miscarriages
               and
               Misimployments
               of
               such
               a
               War
               ;
               if
               there
               had
               been
               any
               ,
               it
               was
               when
               I
               (
               as
               your
               Lordships
               may
               please
               to
               remember
               )
               was
               out
               of
               Ireland
               ,
               and
               that
               was
               the
               Case
               of
               Bern
               ,
               a
               very
               Foule
               Misdemeanor
               ,
               as
               it
               proved
               .
               But
               ,
               my
               Lords
               ,
               I
               being
               out
               of
               the
               Kingdom
               ,
               and
               no
               such
               Warrant
               shown
               ,
               I
               conceive
               I
               am
               absolutely
               dismissed
               as
               unto
               that
               ,
               and
               have
               nothing
               to
               Answer
               for
               it
               :
               there
               was
               nothing
               done
               while
               I
               was
               in
               the
               Kingdom
               :
               there
               is
               no
               Warrant
               of
               mine
               shown
               :
               therefore
               ,
               I
               conceive
               ,
               I
               stand
               clear
               of
               that
               likewise
               .
            
             
               But
               admit
               there
               were
               such
               a
               Warrant
               ,
               the
               Answer
               goes
               to
               that
               as
               to
               the
               test
               ;
               and
               certainly
               ,
               I
               hope
               ,
               will
               fully
               acquit
               me
               of
               this
               Fifteenth
               Article
               ,
               as
               Treason
               ;
               And
               so
               I
               must
               ,
               in
               humility
               ,
               submit
               to
               your
               Lordships
               wiser
               and
               better
               Judgments
               .
            
             
               The
               next
               Statute
               Treason
               ,
               is
               an
               Intendment
               ,
               or
               Design
               ,
               or
               what
               you
               will
               have
               it
               ,
               for
               bringing
               over
               the
               Irish
               Army
               into
               this
               Kingdom
               ,
               to
               reduce
               it
               ,
               or
               to
               do
               I
               know
               not
               what
               ,
               nor
               I
               think
               no
               body
               else
               ,
               for
               there
               is
               no
               such
               thing
               .
            
             
               But
               ,
               my
               Lords
               ,
               for
               proofe
               in
               this
               Case
               ,
               you
               have
               two
               offered
               there
               ,
               and
               no
               more
               ,
               under
               favour
               ,
               at
               all
               :
               the
               first
               proof
               is
               ,
               the
               Fears
               and
               Doubts
               of
               my
               Lord
               Ranalaugh
               ,
               that
               tells
               you
               ,
               he
               Fears
               such
               a
               thing
               ,
               and
               Doubts
               such
               a
               thing
               .
               My
               Lords
               ,
               if
               Fears
               and
               Doubts
               may
               be
               sufficient
               to
               Condemn
               me
               for
               Treason
               ,
               By
               my
               Faith
               ,
               I
               fear
               ,
               and
               doubt
               very
               much
               ,
               these
               Fears
               and
               Doubts
               might
               Accuse
               me
               ,
               and
               Condemn
               me
               of
               Treason
               more
               then
               once
               a
               Year
               ;
               But
               ,
               my
               Lords
               ,
               his
               Fears
               and
               Doubts
               ,
               he
               may
               keep
               to
               himself
               ,
               I
               hope
               they
               shall
               not
               be
               brought
               any
               way
               to
               the
               prejudice
               of
               me
               ;
               I
               am
               ,
               I
               thank
               God
               ,
               both
               confident
               and
               knowing
               ,
               there
               is
               no
               such
               thing
               .
            
             
               The
               next
               is
               the
               Testimony
               of
               Mr.
               Treasurer
               Vane
               ;
               and
               ,
               the
               Words
               Mr.
               Treasurer
               doth
               Witness
               against
               me
               in
               that
               particular
               ,
               are
               ,
               as
               I
               conceive
               ,
               
               these
               ;
               that
               I
               should
               say
               to
               His
               Majesty
               ,
               in
               an
               Argument
               concerning
               an
               Offensive
               or
               Defensive
               War
               with
               Scotland
               ;
               Your
               Majesty
               hath
               tryed
               all
               wayes
               ,
               and
               are
               refused
               ,
               and
               ,
               in
               this
               extream
               necessity
               ,
               for
               the
               safety
               of
               the
               Kingdom
               ,
               and
               Your
               People
               ,
               You
               may
               imploy
               the
               Irish
               Army
               to
               reduce
               this
               Kingdom
               .
            
             
               My
               Lords
               ,
               To
               this
               I
               say
               ,
               that
               (
               under
               favour
               )
               Mr.
               Treasurer
               was
               in
               this
               (
               methoughts
               )
               a
               little
               Dubious
               ;
               he
               was
               something
               doubtful
               ;
               for
               ,
               at
               the
               first
               ,
               he
               told
               your
               Lordships
               ,
               he
               would
               deal
               plainly
               and
               clearly
               with
               you
               ;
               that
               he
               knew
               before
               whom
               he
               spoke
               :
               and
               then
               ,
               my
               Lords
               ,
               it
               was
               but
               to
               the
               best
               of
               his
               Remembrance
               ,
               that
               these
               ,
               and
               these
               words
               were
               spoken
               .
               At
               the
               last
               ,
               my
               Lords
               ,
               being
               put
               to
               it
               more
               ,
               he
               was
               pleased
               to
               say
               ,
               that
               these
               were
               positively
               the
               words
               ,
               or
               something
               to
               that
               effect
               :
               So
               ,
               my
               Lords
               ,
               here
               is
               but
               a
               dubious
               and
               uncertain
               Witness
               ,
               under
               favour
               ,
               and
               these
               Professions
               of
               his
               speaking
               clearly
               and
               plainly
               ,
               and
               of
               his
               Consideration
               before
               whom
               he
               was
               (
               which
               are
               something
               unusual
               Clauses
               to
               Men
               ,
               that
               come
               to
               Swear
               upon
               Oath
               )
               make
               me
               conceive
               him
               something
               Dubious
               in
               this
               point
               .
            
             
               Secondly
               ,
               My
               Lords
               ,
               he
               is
               a
               Single
               Witness
               ,
               and
               not
               onely
               so
               ,
               but
               ,
               under
               favour
               ,
               disavowed
               by
               all
               the
               rest
               that
               were
               present
               at
               the
               Council
               ;
               my
               Lord
               of
               Northumberland
               remembred
               no
               such
               thing
               ;
               my
               Lord
               Marquiss
               of
               Hamilton
               remembred
               no
               such
               thing
               ;
               my
               Lord
               Treasurer
               remembred
               no
               such
               thing
               ;
               my
               Lord
               Cottington
               is
               very
               well
               assured
               he
               said
               no
               such
               thing
               ,
               for
               if
               he
               had
               he
               should
               have
               taken
               offence
               at
               it
               himself
               ,
               which
               he
               never
               did
               .
            
             
               My
               Lords
               ,
               in
               the
               Third
               place
               ,
               He
               is
               pleased
               to
               mention
               ,
               That
               it
               was
               in
               a
               Debate
               ,
               Whether
               an
               Offensive
               or
               Defensive
               War
               ?
               and
               ,
               that
               then
               I
               should
               say
               ,
               The
               King
               had
               an
               Army
               in
               Ireland
               ,
               &c.
               
               My
               Lords
               ,
               It
               falls
               out
               in
               time
               ,
               to
               be
               as
               I
               conceive
               ,
               to
               be
               about
               the
               5
               th
               of
               May
               last
               ,
               not
               many
               dayes
               sooner
               or
               later
               ,
               the
               Army
               of
               Ireland
               was
               not
               raised
               till
               Iune
               following
               .
               So
               it
               seems
               ,
               I
               should
               tell
               the
               King
               a
               great
               untruth
               ;
               that
               he
               had
               an
               Army
               in
               Ireland
               ,
               which
               he
               might
               imploy
               for
               His
               Service
               ,
               before
               that
               Army
               was
               raised
               ;
               for
               ,
               it
               is
               a
               notorious
               thing
               ,
               and
               any
               of
               that
               Country
               knows
               ,
               that
               the
               Army
               was
               not
               raised
               till
               the
               Fifteenth
               of
               Iune
               ,
               as
               I
               remember
               .
            
             
               Lastly
               ,
               In
               farther
               taking
               away
               of
               this
               Testimony
               ,
               I
               have
               proved
               it
               ,
               by
               a
               great
               many
               Witnesses
               ,
               beyond
               all
               exception
               ,
               that
               there
               was
               never
               any
               such
               intendment
               of
               the
               bringing
               this
               Army
               into
               England
               ;
               nay
               ,
               that
               the
               Design
               was
               quite
               otherwise
               ;
               and
               this
               hath
               been
               apparently
               cleared
               before
               your
               Lordships
               ,
               By
               the
               Testimony
               of
               my
               Lord
               of
               Northumberland
               ,
               Marquess
               of
               Hamilton
               ,
               Sir
               
                 Thomas
                 Lucas
              
               ,
               and
               Mr.
               Slingsby
               ;
               And
               might
               have
               been
               further
               justify'd
               ,
               by
               the
               Testimony
               of
               my
               Lord
               of
               Ormond
               President
               of
               Munster
               ,
               and
               Sir
               
                 Iohn
                 Burlace
              
               ,
               Master
               of
               the
               Ordnance
               in
               Ireland
               ,
               if
               they
               had
               been
               here
               to
               have
               been
               produced
               :
               So
               that
               all
               these
               laid
               together
               ,
               the
               strong
               and
               clear
               proof
               on
               my
               part
               ,
               the
               producing
               of
               a
               single
               Witness
               which
               ,
               by
               the
               Proviso
               of
               1
               Edw.
               6.
               cannot
               rise
               in
               Judgment
               against
               any
               man
               for
               High-Treason
               .
               I
               trust
               ,
               all
               these
               laid
               together
               ,
               I
               shall
               appear
               to
               your
               Lordships
               clear
               and
               free
               from
               these
               two
               points
               ,
               whereupon
               they
               enforce
               me
               to
               be
               within
               the
               compass
               of
               Treason
               by
               the
               Statute
               alleadged
               .
            
             
             
               The
               Third
               Treason
               that
               is
               laid
               to
               my
               Charge
               ,
               is
               upon
               the
               27
               th
               Article
               ,
               where
               Four
               Musquettiers
               being
               sent
               to
               Egton
               ,
               by
               Sergeant
               Major
               Yawerth
               ,
               to
               call
               for
               their
               Eight
               pence
               a
               day
               ,
               is
               prest
               upon
               me
               ,
               as
               a
               Levying
               of
               War
               upon
               the
               King
               and
               His
               People
               ,
               and
               to
               be
               High-Treason
               upon
               the
               Statute
               of
               25
               E.
               3.
               
            
             
               These
               be
               wonderful
               Wars
               ,
               if
               we
               have
               no
               greater
               Wars
               then
               such
               ,
               as
               four
               men
               are
               able
               to
               raise
               ,
               by
               the
               Grace
               of
               God
               we
               shall
               not
               sleep
               very
               unquietly
               .
               But
               ,
               How
               do
               they
               prove
               this
               to
               be
               done
               by
               me
               ?
               they
               produce
               to
               your
               Lordships
               the
               VVarrant
               of
               Sir
               
                 William
                 Pennyman
              
               ;
               but
               ,
               had
               no
               VVarrant
               at
               all
               of
               mine
               to
               shew
               .
            
             
               Sir
               
                 William
                 Pennyman
              
               doth
               not
               alledge
               any
               VVarrant
               of
               mine
               to
               that
               purpose
               ;
               he
               speaks
               of
               a
               General
               VVarrant
               ,
               wherein
               I
               and
               the
               Deputy-Lieutenants
               joyne
               ,
               for
               the
               paying
               of
               the
               Fortnights
               pay
               ,
               as
               they
               call
               it
               ,
               and
               that
               is
               very
               true
               ;
               but
               ,
               that
               I
               should
               give
               VVarrant
               to
               Levy
               by
               Soldiers
               ,
               no
               such
               thing
               is
               proved
               ;
               no
               such
               thing
               is
               shewed
               ;
               no
               such
               thing
               is
               alleadged
               by
               Sir
               
                 William
                 Pennyman
              
               ,
               that
               best
               knew
               it
               ;
               and
               ,
               should
               do
               it
               in
               his
               own
               Justification
               ,
               if
               there
               were
               such
               a
               thing
               :
               but
               ,
               on
               the
               other
               side
               ,
               I
               must
               humbly
               beseech
               your
               Lordships
               ,
               to
               mind
               you
               what
               a
               clear
               and
               full
               proofe
               I
               made
               thereof
               to
               you
               ,
               till
               you
               were
               weary
               ,
               though
               ,
               I
               think
               ,
               I
               could
               have
               continued
               it
               a
               year
               longer
               if
               need
               had
               been
               ,
               that
               there
               was
               nothing
               done
               by
               me
               in
               the
               Levying
               of
               the
               first
               Months
               pay
               ,
               or
               the
               second
               Fortnights
               pay
               ,
               but
               with
               full
               consent
               of
               the
               Country
               ,
               nothing
               being
               of
               Constraint
               ,
               nothing
               being
               of
               force
               put
               upon
               them
               .
            
             
               The
               Second
               point
               was
               a
               VVarrant
               shewed
               to
               your
               Lordships
               ,
               or
               at
               least
               pretended
               from
               Sir
               
                 Edward
                 Osborne
              
               the
               Vice-President
               ,
               wherein
               he
               charges
               them
               to
               obey
               and
               persue
               the
               substance
               and
               direction
               of
               his
               VVarrant
               ,
               on
               pain
               of
               Death
               ,
               and
               this
               must
               likewise
               be
               laid
               to
               me
               :
               My
               Lords
               ,
               I
               confess
               I
               have
               faults
               enough
               ,
               more
               then
               a
               good
               many
               ,
               though
               I
               trust
               neither
               so
               crying
               nor
               grievous
               ,
               as
               some
               would
               pretend
               them
               to
               be
               ;
               but
               ,
               Faults
               I
               have
               ,
               more
               then
               too
               many
               ,
               I
               need
               not
               take
               nor
               add
               to
               my self
               other
               Mens
               ;
               but
               ,
               whether
               this
               be
               a
               Fault
               or
               no
               ,
               I
               cannot
               undertake
               to
               Judge
               .
               But
               certainly
               ,
               I
               am
               in
               no
               Fault
               :
               for
               ,
               I
               was
               at
               —
               when
               this
               VVarrant
               issued
               from
               Mr.
               Vice-President
               ;
               and
               ,
               I
               dare
               say
               ,
               he
               is
               a
               Gentleman
               so
               worthy
               and
               noble
               ,
               and
               so
               great
               a
               Lover
               of
               Truth
               ,
               that
               let
               him
               be
               examined
               upon
               Oath
               ,
               if
               he
               shall
               not
               absolutely
               clear
               me
               from
               Privity
               or
               Direction
               of
               it
               ,
               I
               so
               much
               rely
               on
               him
               ,
               that
               I
               will
               be
               thought
               Guilty
               before
               your
               Lordships
               for
               this
               Charge
               :
               Now
               ,
               my
               Lords
               ,
               having
               gone
               over
               all
               that
               first
               part
               ,
               which
               I
               thought
               fit
               to
               apply
               my self
               to
               ,
               and
               that
               is
               Statute-Treason
               ,
               There
               is
               no
               Statute-Treasons
               in
               the
               whole
               Charge
               ,
               nor
               colour
               or
               pretence
               thereof
               ,
               save
               onely
               that
               of
               Newcastle
               which
               was
               waved
               .
            
             
               In
               these
               ,
               my
               Lords
               ,
               I
               hope
               I
               am
               clear
               before
               your
               Lordships
               ;
               and
               ,
               sure
               I
               am
               ,
               they
               give
               me
               little
               disquiet
               ,
               for
               ,
               in
               good
               faith
               ,
               I
               am
               clear
               in
               my
               own
               poor
               Judgment
               .
            
             
               Then
               comes
               in
               the
               second
               Condition
               of
               Treason
               in
               the
               charge
               ,
               and
               that
               is
               Constructive-Treason
               ;
               and
               ,
               it
               is
               laid
               down
               in
               the
               first
               Article
               of
               the
               General
               Charge
               .
            
             
               For
               ,
               my
               Lords
               ,
               I
               must
               tell
               you
               ,
               the
               First
               Articles
               exhibited
               ,
               are
               Grounds
               and
               Foundations
               whereupon
               the
               rest
               are
               gathered
               ,
               and
               to
               which
               they
               resort
               and
               apply
               themselves
               severally
               .
            
             
               I
               do
               conceive
               my self
               ,
               in
               a
               manner
               ,
               by
               themselves
               ,
               clear
               of
               seven
               of
               these
               ,
               for
               ,
               they
               have
               ,
               in
               a
               manner
               ,
               relinquished
               Five
               of
               them
               ;
               So
               that
               the
               First
               Article
               is
               the
               main
               Article
               whereupon
               I
               must
               be
               touched
               ,
               and
               that
               is
               laid
               in
               the
               Charge
               thus
               .
               That
               I
               have
               Trayterously
               endeavoured
               ,
               to
               subvert
               the
               
               Fundamental
               Lawes
               and
               Government
               of
               the
               Realmes
               of
               England
               and
               Ireland
               ;
               and
               have
               ,
               by
               Trayterous
               Words
               ,
               Councils
               ,
               and
               Actions
               ,
               declared
               the
               same
               ;
               and
               have
               advised
               His
               Majesty
               to
               Compel
               His
               Subjects
               ,
               to
               submit
               thereunto
               by
               force
               .
            
             
               My
               Lords
               ,
               I
               must
               confess
               I
               have
               many
               times
               with
               my self
               considered
               with
               wonder
               ,
               at
               the
               Wisdom
               of
               our
               Ancestors
               ,
               that
               set
               the
               Pillars
               of
               this
               Monarchy
               with
               that
               singular
               Judgment
               and
               Providence
               ,
               that
               I
               have
               ever
               observed
               ,
               that
               so
               oft
               as
               either
               the
               Prerogative
               of
               the
               Crown
               ,
               or
               Liberty
               of
               the
               Subject
               ,
               Ecclesiastical
               or
               Temporal
               powers
               exceed
               those
               modest
               bounds
               set
               and
               appointed
               for
               them
               ,
               by
               the
               sobriety
               and
               moderation
               of
               former
               times
               ,
               the
               exercise
               of
               it
               over-turn'd
               to
               the
               Prejudice
               and
               to
               the
               Detriment
               of
               the
               Publick
               Weale
               ;
               all
               the
               Strings
               of
               this
               Government
               and
               Monarchy
               have
               been
               so
               perfectly
               tuned
               through
               the
               skill
               and
               attention
               of
               our
               Fore-Fathers
               ,
               that
               if
               you
               wind
               any
               of
               them
               any
               thing
               higher
               ,
               or
               let
               them
               lower
               ,
               you
               shall
               infallible
               interrupt
               the
               sweet
               accord
               ,
               that
               ought
               to
               be
               entertained
               of
               King
               and
               People
               .
            
             
               With
               this
               Opinion
               I
               had
               the
               honour
               to
               sit
               many
               years
               in
               the
               Commons
               House
               ;
               and
               ,
               this
               Opinion
               I
               have
               carry'd
               along
               with
               me
               exactly
               and
               intirely
               for
               Fourteen
               years
               in
               the
               Kings
               Service
               ;
               ever
               Resolving
               in
               my
               heart
               
                 Stare
                 super
                 vias
                 antiquas
              
               ,
               to
               prove
               ,
               with
               equal
               care
               ,
               the
               Prerogative
               of
               the
               Crown
               ,
               and
               the
               Liberty
               of
               the
               Subject
               ,
               to
               Introduce
               the
               Laws
               of
               England
               into
               Ireland
               ,
               ever
               setting
               before
               my self
               a
               Joynt
               and
               Individual
               well-being
               of
               King
               and
               People
               (
               for
               either
               they
               must
               be
               both
               or
               neither
               )
               which
               made
               my
               Misfortune
               the
               greater
               to
               be
               now
               in
               my
               Gray
               Haires
               charged
               ,
               as
               an
               under-worker
               against
               that
               Government
               ,
               a
               Subverter
               of
               that
               Law
               I
               most
               affected
               ,
               and
               a
               Contriver
               against
               that
               Religion
               ,
               to
               the
               truth
               whereof
               I
               would
               Witness
               by
               the
               Sealing
               of
               it
               with
               my
               Blood.
               
            
             
               My
               Lords
               ,
               As
               to
               the
               latter
               part
               ,
               concerning
               my
               Religion
               ,
               they
               have
               quitted
               me
               ;
               and
               I
               have
               nothing
               to
               answer
               to
               that
               ,
               because
               it
               is
               waved
               ;
               and
               ,
               I
               trust
               ,
               my
               Lords
               ,
               I
               shall
               clear
               my self
               in
               the
               first
               part
               ,
               concerning
               my
               being
               a
               Subverter
               of
               the
               Fundamental
               Laws
               ,
               that
               I
               shall
               stand
               clear
               to
               your
               Lordships
               Judgments
               in
               that
               Case
               .
            
             
               My
               Lords
               ,
               This
               Subversion
               must
               be
               by
               words
               ,
               by
               Councils
               ,
               and
               by
               Actions
               in
               Ireland
               and
               in
               England
               ,
            
             
               My
               Lords
               ,
               I
               shall
               first
               give
               you
               an
               Accompt
               of
               the
               words
               ,
               wherewithall
               I
               am
               Charged
               forth
               of
               Ireland
               ;
               and
               ,
               the
               first
               words
               are
               in
               the
               third
               Article
               ,
               where
               I
               am
               Charged
               to
               have
               said
               ,
               That
               Ireland
               
                 is
                 a
                 Conquered
                 Nation
                 ,
                 and
                 that
                 the
                 King
                 may
                 do
                 with
                 them
                 as
                 he
                 pleaseth
                 :
              
               And
               ,
               to
               the
               City
               of
               
                 Dublin
                 ,
                 That
                 their
                 Charters
                 are
                 nothing
                 worth
                 ,
                 and
                 bind
                 the
                 King
                 no
                 farther
                 than
                 he
                 pleaseth
                 .
              
               These
               are
               the
               words
               Charged
               .
            
             
               My
               Lords
               ,
               methinks
               it
               is
               very
               strange
               ,
               under
               favour
               ,
               that
               this
               can
               be
               made
               an
               Inducement
               to
               prove
               this
               Charge
               ,
               because
               I
               said
               ,
               That
               Ireland
               is
               a
               Conquer'd
               Nation
               ,
               therefore
               I
               endeavour
               to
               subvert
               the
               Fundamental
               Laws
               when
               I
               speak
               the
               Truth
               ,
               for
               certainly
               it
               is
               very
               true
               ,
               it
               was
               so
               .
            
             
               My
               Lords
               ,
               under
               favour
               ,
               I
               remember
               very
               well
               ,
               there
               was
               as
               much
               said
               here
               at
               this
               Bar
               ,
               since
               we
               began
               ;
               and
               yet
               I
               dare
               well
               Swear
               ,
               and
               
               acquit
               him
               that
               spake
               it
               ,
               from
               intending
               to
               Subvert
               the
               Lawes
               .
            
             
               For
               ,
               my
               Lords
               ,
               you
               were
               told
               ,
               and
               told
               truely
               ,
               That
               Ireland
               was
               a
               Conquered
               Nation
               ,
               and
               that
               it
               was
               Subordinate
               to
               England
               (
               and
               ,
               God
               forbid
               that
               it
               should
               be
               otherwise
               )
               and
               that
               they
               have
               received
               Lawes
               from
               the
               Conqueror
               .
            
             
               My
               Lords
               ,
               the
               words
               testified
               by
               my
               Lord
               Gormonstone
               and
               Kilmalock
               to
               be
               spoken
               ,
               are
               not
               the
               words
               wherewith
               I
               am
               charged
               ,
               and
               so
               ,
               under
               favour
               ,
               I
               conceive
               ,
               cannot
               be
               brought
               to
               my
               prejudice
               ,
               as
               to
               this
               Tryal
               ,
               and
               they
               are
               words
               that
               are
               denied
               by
               me
               .
            
             
               For
               my
               words
               concerning
               their
               Charters
               ,
               your
               Lordships
               remember
               very
               well
               ,
               I
               doubt
               not
               ,
               wherefore
               I
               said
               they
               were
               void
               ,
               For
               their
               misuse
               of
               them
               ,
               and
               that
               I
               told
               them
               so
               ,
               not
               with
               the
               intent
               to
               overthrow
               their
               Patents
               ,
               or
               Charters
               ,
               but
               to
               make
               them
               more
               conformable
               to
               those
               things
               ,
               that
               the
               State
               thought
               fit
               ,
               for
               encrease
               of
               Religion
               and
               Trade
               ,
               and
               encouraging
               and
               bringing
               English
               into
               that
               Town
               ;
               And
               ,
               that
               it
               was
               meant
               so
               ,
               and
               no
               otherwise
               ;
               Whatsoever
               was
               said
               ,
               it
               appeares
               by
               this
               ,
               their
               Charters
               were
               never
               touched
               nor
               infringed
               ,
               nor
               medled
               withal
               by
               me
               ,
               during
               the
               time
               I
               was
               in
               that
               Kingdom
               ;
               so
               that
               words
               so
               spoken
               ,
               and
               to
               such
               a
               purpose
               ,
               that
               they
               should
               go
               to
               prove
               such
               a
               Conclusion
               ,
               I
               conceive
               there
               is
               great
               difference
               betwixt
               those
               Premises
               ,
               and
               that
               Conclusion
               .
            
             
               The
               next
               Charge
               for
               words
               in
               Ireland
               ,
               is
               in
               the
               Fourth
               Article
               ,
               where
               I
               am
               Charged
               to
               have
               said
               ,
               That
               I
               would
               neither
               have
               Law
               ,
               nor
               Lawyers
               Dispute
               or
               Question
               my
               Orders
               :
               and
               ,
               that
               I
               would
               make
               the
               Earl
               of
               Cork
               ,
               and
               all
               Ireland
               know
               ,
               that
               as
               long
               as
               I
               had
               the
               Government
               there
               ,
               any
               Act
               of
               State
               should
               be
               as
               binding
               to
               the
               Subjects
               of
               that
               Kingdom
               ,
               as
               an
               Act
               of
               Parliament
               .
            
             
               My
               Lords
               ,
               I
               humbly
               beseech
               your
               Lordships
               to
               give
               me
               leave
               to
               say
               for
               my self
               ,
               that
               these
               words
               of
               the
               Charge
               are
               onely
               Sworn
               by
               my
               Lord
               of
               Corke
               ,
               and
               no
               man
               else
               :
               and
               ,
               his
               Lordship
               appeared
               a
               little
               mistaken
               the
               other
               day
               in
               one
               point
               ,
               on
               the
               Reading
               of
               an
               Order
               of
               the
               Council-Board
               ,
               for
               so
               it
               appears
               ,
               as
               I
               conceive
               ;
               so
               that
               for
               one
               single
               Witness
               ,
               and
               he
               the
               Party
               Aggrieved
               by
               these
               words
               ,
               to
               be
               the
               Man
               that
               must
               convince
               me
               ,
               I
               conceive
               your
               Lordships
               will
               not
               think
               that
               to
               stand
               with
               the
               ordinary
               Rules
               of
               proceeding
               .
            
             
               For
               the
               rest
               ,
               to
               say
               Acts
               of
               State
               in
               Ireland
               should
               be
               Binding
               ,
               so
               long
               as
               they
               are
               not
               contrary
               to
               Law
               ,
               I
               confess
               I
               then
               conceived
               it
               had
               been
               no
               Offence
               ,
               for
               I
               thought
               them
               to
               be
               as
               binding
               ,
               being
               not
               contrary
               to
               Law
               ;
               but
               ,
               the
               Elder
               we
               grow
               ,
               the
               wiser
               we
               may
               grow
               ,
               if
               God
               give
               us
               the
               Grace
               ,
               and
               Attentions
               ;
               and
               ,
               so
               I
               trust
               I
               shall
               ,
               by
               these
               Gentlemen
               ,
               that
               have
               taught
               me
               to
               forbear
               those
               kind
               of
               Speeches
               hereafter
               .
            
             
               My
               Lords
               ,
               These
               are
               all
               the
               Words
               charged
               against
               me
               for
               Ireland
               ,
               saving
               onely
               some
               things
               that
               I
               shall
               come
               to
               anon
               ,
               that
               is
               Charged
               upon
               me
               in
               one
               of
               the
               latter
               Articles
               ,
               concerning
               Scotland
               ;
               I
               say
               ,
               my
               Lords
               ,
               these
               are
               all
               the
               Words
               that
               have
               slipped
               from
               me
               in
               Seven
               years
               time
               ,
               having
               been
               well
               watched
               ,
               and
               observed
               ,
               as
               your
               Lordships
               may
               perswade
               your selves
               I
               have
               been
               ;
               But
               ,
               in
               Seven
               years
               time
               ,
               I
               say
               ,
               these
               are
               all
               the
               words
               brought
               to
               my
               Charge
               :
               and
               ,
               in
               truth
               ,
               I
               conceive
               ,
               a
               wiser
               Man
               than
               my self
               might
               be
               forgiven
               for
               one
               Error
               ,
               or
               slip
               of
               his
               Tongue
               of
               that
               
               Nature
               in
               a
               years
               time
               ,
               seeing
               it
               is
               in
               no
               greater
               measure
               ,
               God
               be
               praised
               ,
               than
               these
               are
               .
            
             
               My
               Lords
               ,
               these
               being
               the
               words
               that
               passed
               from
               me
               in
               Ireland
               ,
               there
               are
               other
               words
               that
               are
               charged
               upon
               me
               ,
               to
               have
               been
               spoken
               in
               England
               ;
               but
               if
               your
               Lordships
               will
               give
               me
               leave
               (
               though
               perhaps
               in
               no
               very
               good
               method
               )
               I
               shall
               not
               fail
               to
               touch
               first
               or
               last
               ,
               the
               words
               in
               every
               Article
               .
            
             
               The
               next
               Article
               then
               that
               I
               am
               charged
               withal
               for
               words
               ,
               is
               the
               second
               Article
               ,
               and
               these
               are
               the
               words
               that
               I
               should
               say
               ,
               concerning
               the
               
                 Finger
                 and
                 the
                 Loins
              
               .
            
             
               My
               Lords
               ,
               I
               may
               alledge
               much
               new
               matter
               ,
               but
               I
               will
               observe
               your
               Lordships
               Order
               punctually
               ,
               by
               the
               Grace
               of
               God
               ,
               for
               what
               I
               may
               say
               in
               that
               case
               ,
               if
               it
               might
               be
               admitted
               ,
               I
               keep
               it
               to
               my self
               ;
               but
               the
               truth
               is
               ,
               they
               that
               do
               prove
               the
               words
               to
               be
               thus
               ,
               
                 That
                 I
                 would
                 make
                 the
                 little
                 finger
                 of
                 the
                 Law
                 ,
                 heavier
                 than
                 the
                 Kings
                 Loins
              
               ;
               they
               do
               not
               tell
               you
               the
               occasion
               of
               the
               Speech
               ,
               or
               what
               went
               before
               ,
               or
               what
               after
               ;
               for
               my
               Lords
               ,
               if
               they
               had
               told
               the
               occasion
               (
               which
               methinks
               they
               should
               ,
               as
               well
               have
               remembred
               as
               the
               words
               )
               it
               would
               plainly
               and
               clearly
               have
               appeared
               to
               your
               Lordships
               ,
               that
               Sir
               
                 William
                 Pennymans
              
               Testimony
               was
               most
               true
               ,
               for
               the
               occasion
               was
               such
               ,
               that
               to
               have
               said
               those
               words
               ,
               had
               been
               to
               have
               spoken
               against
               that
               to
               which
               I
               intended
               the
               discourse
               ;
               but
               speaking
               them
               as
               I
               said
               ,
               it
               makes
               very
               strong
               for
               that
               purpose
               ,
               to
               which
               I
               directed
               them
               ;
               which
               was
               to
               appease
               the
               Countrey
               ,
               and
               quiet
               the
               Discontents
               ;
               for
               having
               been
               double
               charged
               with
               the
               Knight-money
               ,
               and
               therefore
               it
               was
               not
               properly
               threatening
               them
               ,
               further
               to
               have
               provoked
               them
               .
            
             
               My
               Lords
               ,
               you
               have
               Sir
               
                 Will.
                 Pennymans
              
               testimony
               ,
               that
               it
               was
               so
               ,
               and
               my
               profession
               ;
               who
               (
               under
               favour
               )
               will
               not
               speak
               an
               untruth
               to
               save
               my
               life
               ;
               I
               protest
               before
               God
               ,
               that
               I
               say
               ,
               I
               verily
               believe
               ,
               or
               else
               I
               will
               never
               speak
               it
               indeed
               ,
               and
               there
               it
               is
               they
               have
               proved
               it
               to
               have
               been
               said
               one
               way
               ,
               we
               another
               way
               ,
               we
               give
               the
               occasion
               of
               our
               Speech
               ,
               and
               disavow
               theirs
               ,
               and
               so
               we
               must
               leave
               it
               ;
               and
               howsoever
               ,
               these
               words
               so
               spoken
               ,
               can
               never
               be
               drawn
               (
               as
               I
               humbly
               conceive
               )
               as
               premises
               to
               prove
               their
               conclusions
               ,
               that
               therefore
               I
               am
               guilty
               of
               High
               Treason
               ,
               they
               have
               made
               me
               guilty
               of
               a
               foolish
               Word
               ,
               and
               that
               I
               confess
               ,
               and
               if
               they
               please
               ,
               I
               will
               confess
               it
               all
               the
               day
               long
               ;
               for
               I
               have
               been
               foolish
               all
               the
               days
               of
               my
               life
               ,
               and
               I
               hope
               hereafter
               I
               shall
               look
               unto
               my
               ways
               ,
               that
               I
               offend
               not
               with
               my
               Tongue
               ,
               for
               if
               I
               cannot
               rule
               it
               abroad
               ,
               I
               will
               rule
               it
               within
               doors
               else
               I
               will
               never
               stirr
               abroad
               ,
               but
               bound
               it
               so
               to
               my
               own
               business
               and
               affairs
               ,
               that
               I
               trust
               I
               shall
               give
               no
               offence
               .
            
             
               The
               next
               Article
               that
               chargeth
               me
               with
               words
               ,
               is
               the
               22
               Article
               ,
               and
               these
               be
               words
               spoke
               in
               England
               ;
               The
               first
               part
               of
               them
               ,
               which
               concerns
               the
               bringing
               in
               of
               the
               Irish
               Army
               ,
               I
               have
               spoken
               to
               already
               ;
               but
               in
               the
               conclusion
               there
               are
               other
               words
               ,
               and
               shortly
               ,
               the
               said
               Earl
               of
               Strafford
               returned
               to
               England
               ,
               and
               to
               sundry
               persons
               declared
               his
               opinion
               to
               be
               ,
               That
               His
               Majesty
               should
               first
               try
               the
               Parliament
               here
               ,
               and
               if
               that
               did
               not
               supply
               him
               according
               to
               his
               occasions
               ,
               he
               might
               then
               use
               his
               Prerogative
               as
               he
               pleased
               ,
               to
               levy
               what
               he
               needed
               ,
               and
               that
               he
               should
               be
               acquitted
               both
               of
               God
               and
               Man
               ,
               if
               he
               took
               some
               other
               courses
               to
               supply
               himself
               ,
               though
               it
               were
               against
               the
               will
               of
               his
               Subjects
               .
            
             
             
               My
               Lords
               ,
               as
               unto
               this
               ,
               I
               conceive
               the
               Charge
               is
               not
               proved
               by
               any
               Witness
               ,
               that
               hath
               been
               here
               produced
               against
               me
               ;
               and
               in
               truth
               my
               Lords
               ,
               I
               must
               needs
               say
               this
               ,
               under
               favour
               (
               if
               it
               be
               an
               error
               in
               my
               Judgement
               ,
               I
               must
               humbly
               crave
               your
               Lordships
               pardon
               )
               through
               the
               whole
               Cause
               I
               have
               not
               seen
               a
               weaker
               proof
               ,
               and
               if
               I
               had
               had
               time
               to
               have
               gotten
               my
               Witnesses
               out
               of
               Ireland
               ,
               I
               hope
               that
               should
               be
               proved
               ,
               and
               so
               clearly
               ,
               as
               nothing
               could
               be
               proved
               more
               ;
               but
               I
               must
               stand
               or
               fall
               to
               what
               I
               have
               proved
               ,
               and
               so
               I
               do
               my
               Lords
               ;
               the
               proof
               they
               offer
               for
               this
               (
               as
               I
               conceive
               )
               is
               the
               Testimony
               of
               my
               Lord
               Primate
               ,
               and
               his
               Testimony
               is
               ,
               That
               in
               some
               discourse
               betwixt
               us
               two
               ,
               touching
               Levying
               upon
               the
               Subject
               in
               case
               of
               imminent
               necessity
               ,
               he
               found
               me
               of
               opinion
               ,
               that
               the
               King
               might
               use
               his
               Prerogative
               as
               he
               pleased
               .
               My
               Lords
               ,
               this
               is
               (
               under
               favour
               )
               a
               single
               Testimony
               ,
               it
               is
               of
               a
               discourse
               between
               him
               and
               me
               ,
               and
               there
               is
               not
               any
               other
               that
               witnesses
               any
               thing
               concerning
               it
               ,
               so
               that
               (
               under
               favour
               My
               Lords
               )
               I
               conceive
               this
               will
               not
               be
               sufficient
               to
               bring
               me
               any
               ways
               in
               danger
               of
               Treason
               ,
               being
               but
               a
               single
               Testimony
               ;
               and
               my
               Lords
               ,
               it
               is
               to
               be
               thought
               ,
               and
               to
               be
               believed
               (
               and
               it
               were
               a
               great
               offence
               for
               any
               man
               to
               think
               otherwise
               )
               that
               in
               this
               case
               any
               thing
               can
               please
               the
               King
               (
               he
               is
               so
               Gracious
               and
               Good
               )
               but
               what
               shall
               be
               Just
               and
               Lawful
               ,
               and
               then
               there
               is
               no
               doubt
               ,
               but
               so
               far
               as
               with
               Justice
               and
               Lawfulness
               ,
               he
               may
               use
               his
               Prerogative
               in
               case
               of
               imminent
               danger
               ,
               when
               ordinary
               means
               will
               not
               be
               admitted
               .
            
             
               At
               most
               ,
               he
               saith
               it
               was
               but
               an
               opinion
               ,
               and
               opinions
               may
               make
               an
               Heretick
               ,
               but
               they
               shall
               not
               ,
               I
               trust
               ,
               make
               a
               Traitor
               .
            
             
               The
               next
               is
               the
               Testimony
               of
               my
               Lord
               Conway
               ,
               and
               the
               words
               that
               his
               Lordship
               testifies
               are
               these
               ;
               That
               in
               case
               the
               King
               would
               not
               be
               otherwise
               supplyed
               by
               Subsidies
               ,
               he
               might
               seek
               means
               to
               help
               himself
               ,
               though
               it
               were
               against
               the
               will
               of
               his
               Subjects
               .
               Truly
               ,
               my
               Lords
               ,
               if
               I
               should
               acknowledge
               these
               words
               ,
               I
               do
               not
               see
               how
               they
               can
               be
               any
               way
               Capital
               in
               my
               case
               ;
               but
               this
               again
               is
               but
               a
               single
               Testimony
               ,
               and
               there
               is
               no
               other
               that
               says
               it
               but
               himself
               ,
               and
               if
               there
               be
               a
               good
               sense
               given
               to
               them
               ,
               certainly
               the
               words
               may
               very
               well
               bear
               it
               ,
               for
               I
               think
               it
               is
               a
               very
               natural
               motion
               for
               any
               man
               to
               preserve
               himself
               ,
               though
               it
               be
               to
               the
               disliking
               of
               another
               ;
               and
               why
               a
               King
               should
               not
               do
               it
               as
               well
               as
               a
               Subject
               ,
               it
               is
               such
               a
               prerogative
               of
               Kings
               ,
               as
               I
               never
               yet
               heard
               of
               ;
               for
               I
               thought
               ,
               though
               they
               had
               been
               Gods
               on
               earth
               ,
               yet
               they
               are
               men
               ,
               and
               have
               affections
               as
               men
               ,
               and
               should
               preserve
               themselves
               ,
               being
               not
               only
               accountable
               for
               themselves
               ,
               to
               God
               Almighty
               ,
               but
               also
               for
               their
               Subjects
               ,
               whose
               Good
               and
               Benefit
               is
               wrapt
               up
               and
               involved
               in
               theirs
               ,
               and
               therefore
               the
               King
               ought
               more
               to
               regard
               his
               own
               preservation
               ,
               than
               the
               Common-wealth
               .
            
             
               The
               Third
               is
               ,
               That
               Mr.
               Treasurer
               says
               ,
               that
               to
               his
               best
               remembrance
               I
               did
               say
               ,
               That
               if
               the
               Parliament
               should
               not
               succeed
               ,
               I
               would
               be
               ready
               to
               assist
               His
               Majesty
               any
               other
               way
               ;
               God
               forbid
               this
               should
               be
               any
               offence
               for
               to
               say
               so
               ,
               either
               in
               him
               or
               me
               ;
               for
               I
               will
               swear
               ,
               if
               it
               please
               you
               ,
               that
               he
               said
               so
               as
               well
               as
               I
               ,
               therefore
               God
               forbid
               ,
               it
               should
               endanger
               either
               of
               us
               both
               ;
               for
               my
               Lords
               ,
               to
               say
               I
               will
               serve
               the
               King
               any
               other
               way
               ,
               it
               is
               no
               other
               than
               what
               became
               a
               good
               and
               faithful
               servant
               to
               do
               ,
               always
               provided
               ,
               the
               way
               be
               good
               and
               lawful
               ,
               which
               in
               this
               case
               ,
               is
               always
               to
               be
               admitted
               among
               persons
               of
               Honor
               and
               persons
               of
               Trust
               ;
               and
               therefore
               admitting
               it
               not
               any
               other
               way
               ,
               it
               was
               just
               ,
               and
               lawful
               ,
               and
               commendable
               
               in
               Mr.
               Treasurer
               and
               me
               ;
               for
               I
               vow
               to
               your
               Lordships
               ,
               we
               both
               said
               it
               ,
               and
               he
               as
               fully
               as
               I.
               
            
             
               But
               my
               Lords
               ,
               all
               these
               come
               very
               far
               short
               ,
               to
               prove
               the
               words
               of
               the
               Charge
               ,
               and
               this
               (
               under
               favour
               )
               is
               all
               the
               proof
               as
               I
               have
               taken
               ,
               that
               I
               should
               say
               these
               words
               before
               the
               Parliament
               .
            
             
               The
               next
               words
               I
               am
               charged
               withal
               ,
               are
               in
               the
               23
               Article
               ,
               and
               those
               ,
               my
               Lords
               are
               ,
               that
               having
               tryed
               the
               affections
               of
               his
               people
               ,
               His
               Majesty
               was
               loose
               and
               absolved
               from
               all
               Rules
               of
               Goverment
               ,
               and
               was
               to
               do
               every
               thing
               that
               Power
               would
               admit
               ,
               and
               that
               His
               Majesty
               had
               tryed
               all
               wayes
               ,
               and
               was
               refused
               ,
               and
               should
               be
               acquitted
               both
               of
               God
               and
               man
               :
               For
               the
               latter
               part
               that
               concerns
               the
               reducing
               of
               this
               Kingdom
               by
               the
               Irish
               Army
               ,
               I
               have
               answered
               already
               ,
               and
               therefore
               shall
               not
               need
               to
               repeat
               it
            
             
               My
               Lords
               ,
               mine
               Answer
               (
               under
               favour
               )
               to
               those
               words
               ,
               with
               your
               Lordships
               Noble
               permission
               ,
               must
               be
               thus
               ,
               That
               they
               are
               no
               way
               proved
               in
               the
               most
               material
               part
               of
               them
               ,
               by
               any
               Testimony
               that
               hath
               been
               offered
               ,
               I
               shall
               ,
               as
               near
               as
               I
               can
               ,
               repeat
               the
               proofs
               that
               were
               offered
               on
               this
               point
               (
               for
               these
               Articles
               were
               brought
               in
               four
               or
               five
               together
               ,
               )
               but
               I
               shall
               apply
               the
               proofs
               severally
               and
               distinctly
               .
            
             
               The
               Testimony
               first
               given
               ,
               was
               the
               Testimony
               of
               the
               Lord
               of
               Bristol
               ,
               wherein
               his
               Lordship
               says
               ,
               That
               in
               a
               discourse
               ,
               there
               was
               difference
               betwixt
               his
               Lordship
               and
               me
               ,
               in
               some
               Tenents
               of
               ours
               .
               To
               which
               I
               answered
               the
               other
               day
               ;
               that
               in
               discourse
               we
               speak
               not
               always
               the
               things
               we
               think
               ,
               but
               many
               times
               to
               gain
               from
               other
               mens
               arguments
               ,
               to
               strengthen
               me
               in
               my
               opinion
               ,
               I
               will
               seem
               to
               be
               of
               the
               contrary
               ;
               This
               is
               ordinary
               and
               familiar
               in
               all
               conversation
               ,
               and
               very
               honest
               and
               just
               ,
               so
               that
               albeit
               we
               seem
               to
               differ
               as
               we
               held
               it
               severally
               ,
               yet
               if
               the
               pulse
               of
               our
               hearts
               had
               been
               touched
               close
               ,
               both
               his
               and
               mine
               ,
               perhaps
               we
               should
               have
               found
               it
               one
               and
               the
               same
               ;
               Besides
               ,
               his
               Lordship
               said
               ,
               I
               disliked
               not
               the
               discourse
               ,
               we
               speaking
               of
               another
               Parliament
               ;
               only
               I
               said
               ,
               it
               was
               not
               convenient
               at
               that
               time
               ,
               and
               that
               the
               present
               dangers
               would
               not
               admit
               a
               remedy
               of
               so
               long
               consideration
               ;
               and
               that
               the
               King
               must
               provide
               for
               the
               Common-wealth
               ,
               
                 Et
                 salus
                 populi
                 suprema
                 lex
              
               .
            
             
               And
               truly
               my
               Lords
               ,
               I
               think
               that
               it
               is
               very
               hard
               ,
               any
               man
               should
               upon
               such
               a
               discourse
               ,
               have
               his
               words
               turned
               upon
               him
               ,
               and
               made
               use
               of
               to
               condemn
               him
               for
               High
               Treason
               .
            
             
               My
               Lords
               ,
               I
               know
               you
               are
               so
               just
               that
               you
               would
               judge
               me
               ,
               as
               you
               would
               be
               judged
               your selves
               ,
               and
               whether
               any
               man
               that
               hears
               me
               ,
               would
               be
               content
               ,
               to
               have
               every
               word
               that
               falls
               in
               discourse
               betwixt
               man
               and
               man
               ,
               to
               be
               so
               severely
               interpreted
               ,
               I
               leave
               to
               every
               mans
               Breast
               ,
               what
               he
               finds
               in
               the
               closet
               of
               his
               own
               Heart
               :
               and
               desire
               to
               be
               judged
               according
               to
               that
               .
            
             
               My
               Lord
               went
               further
               ,
               and
               says
               ,
               I
               should
               say
               that
               the
               King
               was
               not
               to
               be
               mastered
               by
               the
               frowardness
               ,
               or
               disaffection
               of
               some
               particular
               men
               ,
               and
               conceives
               it
               be
               meant
               of
               the
               Parliament
               .
            
             
             
               My
               Lords
               ,
               I
               say
               (
               under
               favour
               )
               these
               words
               are
               not
               within
               the
               Charge
               ,
               and
               therefore
               I
               am
               not
               to
               be
               accountable
               for
               them
               ;
               besides
               ,
               it
               is
               a
               single
               Testimony
               ,
               and
               by
               the
               proviso
               of
               that
               Statute
               ,
               cannot
               be
               made
               use
               of
               ,
               to
               the
               end
               and
               purpose
               for
               which
               they
               bring
               them
               .
            
             
               My
               Lords
               ,
               the
               next
               Testimony
               offered
               for
               proving
               this
               Charge
               ,
               is
               the
               Testimony
               of
               my
               Lord
               of
               Newburgh
               ,
               and
               he
               sayes
               ,
               That
               at
               the
               Council-Board
               ,
               or
               in
               the
               Gallery
               I
               did
               say
               ,
               that
               seeing
               the
               Parliament
               had
               not
               supplied
               the
               King
               ,
               His
               Majesty
               might
               take
               other
               courses
               for
               the
               defence
               of
               the
               Kingdom
               .
               Truly
               my
               Lords
               (
               under
               favour
               )
               who
               doubts
               but
               he
               might
               ,
               for
               my
               part
               ,
               I
               see
               not
               where
               the
               offence
               is
               ;
               for
               another
               man
               to
               have
               said
               thus
               ,
               for
               if
               another
               man
               will
               not
               help
               me
               ,
               may
               not
               I
               therefore
               help
               my self
               ?
               (
               under
               favour
               )
               I
               conceive
               there
               is
               no
               great
               weight
               nor
               crime
               in
               these
               words
               ,
               but
               in
               these
               likewise
               he
               stands
               a
               single
               Testimony
               ,
               there
               is
               no
               man
               that
               joyns
               with
               him
               in
               it
               ;
               and
               there
               is
               this
               in
               the
               whole
               Cause
               ,
               concerning
               the
               words
               ,
               that
               I
               think
               there
               is
               not
               any
               one
               thing
               wherein
               two
               concurr
               .
            
             
               The
               next
               Testimony
               is
               that
               of
               the
               Earl
               of
               Holland
               ,
               and
               he
               sayes
               ,
               That
               at
               the
               Council-Board
               I
               said
               ,
               The
               Parliament
               having
               denyed
               the
               King
               ,
               he
               had
               advantage
               to
               supply
               himself
               other
               ways
               ;
               Truly
               ,
               my
               Lords
               ,
               I
               say
               still
               other
               wayes
               ,
               being
               lawful
               wayes
               ,
               and
               just
               wayes
               ,
               and
               such
               wayes
               as
               the
               goodness
               of
               the
               King
               can
               only
               walk
               in
               ,
               and
               in
               no
               other
               can
               he
               walk
               .
               And
               therefore
               I
               conceive
               ,
               they
               be
               far
               from
               bringing
               it
               to
               so
               high
               a
               guilt
               as
               Treason
               ;
               and
               this
               likewise
               his
               Lordship
               expresses
               as
               the
               rest
               do
               ,
               singly
               on
               his
               own
               word
               ,
               as
               he
               conceives
               them
               ,
               and
               not
               on
               the
               particular
               word
               of
               any
               other
               person
               ,
               which
               is
               I
               say
               ,
               the
               case
               of
               every
               one
               that
               speaks
               in
               the
               business
               ;
               and
               therefore
               there
               being
               so
               great
               a
               difference
               in
               the
               Report
               and
               Conceiving
               of
               things
               ,
               it
               is
               very
               hard
               my
               words
               should
               be
               taken
               to
               my
               destruction
               ,
               when
               no
               Man
               agrees
               what
               they
               were
               .
            
             
               My
               Lord
               of
               Northumberland
               is
               the
               next
               ,
               and
               he
               sayes
               ,
               I
               should
               say
               at
               a
               Committee
               for
               the
               Scotish
               affairs
               ,
               That
               in
               case
               of
               necessity
               ,
               and
               for
               defence
               and
               safety
               of
               the
               Kingdom
               ,
               every
               thing
               must
               be
               done
               for
               the
               preservation
               of
               the
               King
               and
               his
               People
               .
               And
               this
               is
               the
               Testimony
               of
               my
               Lord
               in
               that
               point
               ;
               if
               I
               take
               any
               thing
               short
               ,
               it
               is
               against
               my
               Will
               ,
               I
               give
               you
               my
               Notes
               as
               far
               as
               I
               have
               them
               ,
               and
               further
               I
               cannot
               remember
               them
               .
            
             
               But
               my
               Lords
               ,
               I
               say
               this
               brings
               it
               to
               that
               ,
               which
               is
               indeed
               ,
               the
               great
               part
               of
               my
               Defence
               in
               this
               case
               :
               There
               is
               another
               agreed
               in
               this
               too
               ,
               and
               it
               is
               Mr
               Treasurer
               ,
               who
               sayes
               ,
               that
               in
               Argument
               for
               Offensive
               or
               Defensive
               War
               ,
               I
               should
               say
               ,
               That
               having
               tried
               all
               ways
               ,
               and
               being
               refused
               ,
               the
               King
               might
               in
               extream
               necessity
               ,
               provide
               for
               the
               safety
               of
               himself
               and
               his
               People
               ;
               I
               say
               this
               brings
               it
               to
               that
               ,
               which
               is
               principally
               for
               my
               Defence
               that
               must
               qualify
               ,
               if
               not
               absolutely
               free
               me
               from
               any
               blame
               ;
               and
               that
               is
               that
               which
               did
               proceed
               and
               follow
               after
               .
            
             
               My
               Lords
               (
               under
               favour
               )
               I
               have
               heard
               some
               discourse
               of
               great
               weight
               ,
               and
               of
               great
               Authority
               ;
               and
               that
               is
               certain
               ,
               the
               Arguments
               that
               were
               used
               in
               the
               case
               of
               Ship-Money
               ,
               by
               those
               that
               Argued
               against
               the
               King
               in
               that
               Case
               ,
               say
               as
               much
               ,
               and
               will
               undertake
               ,
               if
               any
               man
               read
               those
               Arguments
               ,
               he
               shall
               find
               as
               much
               said
               there
               ,
               as
               I
               said
               at
               Council-Board
               ;
               for
               there
               you
               
               shall
               hear
               ,
               that
               there
               be
               certain
               Times
               and
               Seasons
               ,
               when
               Propriety
               ceases
               ,
               as
               in
               the
               case
               of
               Burning
               ,
               where
               a
               Man
               pulls
               down
               the
               next
               House
               ,
               to
               preserve
               the
               whole
               street
               from
               being
               set
               on
               fire
               .
               In
               the
               case
               of
               building
               Forts
               on
               any
               mans
               Land
               ,
               where
               it
               is
               for
               the
               publique
               defence
               of
               the
               Kingdom
               ,
               in
               both
               these
               Cases
               ,
               Propriety
               doth
               cease
               :
               nay
               ,
               he
               says
               that
               in
               War
               ,
               
                 Inter
                 Arma
                 silent
                 Leges
              
               .
               Now
               my
               Lords
               ,
               these
               are
               as
               highly
               said
               ,
               as
               any
               thing
               you
               have
               heard
               by
               me
               ,
               and
               yet
               certainly
               is
               no
               subverting
               of
               the
               Fundamental
               Laws
               for
               all
               that
               ;
               and
               therefore
               ,
               if
               a
               man
               must
               be
               judged
               ,
               he
               must
               not
               be
               judged
               by
               pieces
               ,
               but
               by
               all
               together
               .
            
             
               My
               Lords
               ,
               Whatsoever
               I
               said
               at
               Council-Board
               ,
               was
               led
               in
               by
               this
               Case
               ,
               what
               a
               King
               should
               do
               ,
               in
               case
               of
               a
               Foreign
               Invasion
               of
               an
               Enemy
               ,
               when
               the
               ordinary
               wayes
               and
               means
               of
               levying
               Money
               would
               not
               come
               in
               seasonably
               to
               prevent
               mischief
               ,
               for
               what
               a
               King
               may
               do
               ,
               in
               case
               of
               absolute
               necessity
               ;
               certainly
               in
               these
               cases
               ,
               the
               ordinary
               Rules
               do
               not
               take
               place
               ;
               as
               this
               was
               the
               Case
               that
               let
               in
               the
               Discourse
               ,
               so
               I
               most
               humbly
               beseech
               your
               Lordships
               (
               for
               it
               is
               fully
               proved
               )
               to
               remember
               what
               was
               the
               conclusion
               of
               that
               Discourse
               ;
               which
               was
               ,
               That
               after
               the
               present
               occasion
               provided
               for
               ,
               the
               King
               was
               obliged
               in
               Honor
               and
               Justice
               to
               vindicate
               and
               free
               the
               Liberty
               of
               the
               Subject
               from
               all
               prejudice
               ,
               and
               harm
               it
               might
               sustain
               in
               that
               extraordinary
               occasion
               ,
               and
               that
               this
               was
               to
               be
               done
               by
               a
               Parliament
               ,
               and
               no
               other
               way
               but
               a
               Parliament
               :
               and
               the
               King
               and
               his
               People
               could
               never
               be
               happy
               ,
               till
               the
               Prerogative
               of
               the
               Crown
               ,
               and
               the
               Liberty
               of
               the
               Subject
               were
               so
               bounded
               and
               known
               ,
               that
               they
               might
               goe
               hand
               in
               hand
               together
               ,
               mutually
               to
               the
               assistance
               of
               one
               another
               .
            
             
               My
               Lords
               ,
               give
               me
               that
               which
               precedes
               ,
               and
               that
               which
               follows
               ,
               (
               both
               being
               proved
               to
               be
               the
               Case
               in
               these
               words
               in
               the
               Charge
               )
               I
               think
               ,
               considering
               these
               two
               ,
               I
               should
               be
               far
               from
               having
               committed
               any
               great
               crime
               or
               offence
               ,
               in
               saying
               these
               words
               .
            
             
               But
               I
               say
               as
               I
               said
               before
               ,
               I
               shall
               be
               more
               wary
               for
               the
               time
               hereafter
               ,
               if
               it
               please
               God
               to
               give
               me
               that
               Grace
               and
               Life
               ,
               which
               I
               submit
               to
               him
               ,
               and
               shall
               readily
               and
               willingly
               resign
               to
               his
               good
               Will
               and
               Pleasure
               ;
               I
               conceive
               therefore
               ,
               that
               as
               these
               words
               are
               accompanied
               ,
               they
               be
               not
               words
               that
               do
               amount
               to
               Treason
               ,
               and
               are
               so
               qualifyed
               ,
               and
               so
               weakly
               proved
               ,
               that
               I
               trust
               they
               shall
               not
               stick
               with
               your
               Lordships
               .
            
             
               The
               next
               words
               that
               I
               am
               charged
               withal
               in
               England
               ,
               be
               on
               the
               25th
               Article
               ,
               and
               that
               is
               ,
               that
               I
               should
               say
               ,
               that
               the
               Aldermen
               that
               would
               not
               give
               in
               the
               names
               of
               the
               able
               men
               of
               the
               City
               ,
               deserved
               to
               be
               put
               to
               Fine
               and
               Ransome
               ,
               and
               that
               no
               good
               would
               be
               done
               with
               them
               ,
               till
               an
               example
               were
               made
               of
               them
               ,
               and
               they
               were
               laid
               by
               the
               heels
               ,
               and
               some
               of
               the
               Aldermen
               hanged
               up
               .
            
             
               In
               the
               first
               part
               of
               the
               Article
               ,
               there
               is
               something
               ,
               concerning
               my
               advice
               for
               raising
               the
               Money
               ,
               but
               it
               is
               not
               proved
               that
               I
               did
               any
               thing
               therein
               ,
               but
               as
               others
               did
               ,
               and
               as
               in
               former
               years
               had
               been
               done
               ,
               before
               my
               coming
               into
               the
               Kingdom
               :
               For
               the
               words
               ,
               that
               
                 they
                 deserved
                 Fine
                 and
                 Ransome
              
               ,
               I
               confess
               them
               in
               my
               Answer
               ,
               just
               in
               the
               same
               manner
               as
               my
               Lord
               of
               Berkshire
               was
               pleased
               to
               testify
               them
               the
               other
               day
               ,
               that
               is
               ,
               That
               if
               they
               should
               not
               do
               the
               thing
               desired
               ,
               they
               might
               in
               my
               opinion
               ,
               be
               liable
               to
               Fine
               and
               Ransome
               .
            
             
             
               And
               my
               Lords
               ,
               admit
               I
               were
               mistaken
               in
               my
               opinion
               ,
               shall
               it
               be
               a
               Treason
               to
               be
               mistaken
               ?
               I
               say
               in
               my
               opinion
               ,
               they
               might
               be
               lyable
               to
               Fine
               and
               Ransome
               ;
               but
               what
               is
               this
               to
               Treason
               ?
               Under
               favour
               ,
               nothing
               at
               all
               as
               I
               conceive
               .
               For
               the
               other
               part
               ,
               that
               it
               would
               never
               be
               well
               ,
               till
               some
               of
               the
               Aldermen
               be
               hanged
               ;
               it
               proves
               to
               be
               testified
               by
               Mr.
               Alderman
               Garroway
               ,
               and
               he
               owns
               it
               only
               for
               himself
               ;
               for
               it
               was
               not
               that
               some
               of
               the
               Aldermen
               should
               be
               hanged
               ,
               but
               he
               said
               at
               the
               Bar
               ,
               till
               he
               himself
               were
               hanged
               .
            
             
               My
               Lords
               ,
               This
               is
               a
               single
               Testimony
               ,
               and
               these
               words
               ,
               as
               he
               says
               ,
               were
               by
               me
               spoken
               to
               the
               King
               at
               the
               Council-Board
               ,
               That
               it
               would
               never
               be
               well
               till
               some
               of
               them
               were
               hanged
               ,
               meaning
               himself
               ;
               truly
               my
               Lords
               ,
               I
               thank
               God
               I
               never
               spake
               such
               unmannerly
               Language
               all
               the
               dayes
               of
               my
               life
               ,
               I
               have
               had
               more
               regard
               to
               my
               words
               than
               to
               say
               such
               things
               to
               my
               Master
               ;
               and
               your
               Lordships
               must
               needs
               be
               many
               of
               you
               by
               ,
               and
               I
               am
               very
               confident
               ,
               there
               is
               not
               one
               among
               you
               ,
               that
               can
               remember
               any
               such
               words
               were
               spoke
               ;
               for
               in
               good
               faith
               ,
               I
               did
               not
               speak
               them
               ;
               And
               my
               Lords
               ,
               before
               this
               misfortune
               did
               befall
               me
               ,
               I
               should
               with
               modesty
               have
               thought
               my self
               a
               person
               on
               equal
               terms
               ,
               to
               have
               been
               believed
               as
               well
               as
               Mr.
               Garraway
               ,
               and
               I
               speak
               it
               with
               as
               great
               confidence
               as
               he
               ,
               that
               I
               never
               spake
               the
               words
               .
            
             
               My
               Lords
               ,
               The
               next
               is
               the
               26th
               Article
               ,
               and
               that
               is
               ,
               that
               I
               should
               say
               the
               City
               of
               London
               dealt
               undutifully
               with
               the
               King
               ,
               and
               they
               were
               more
               ready
               to
               help
               the
               Rebels
               ,
               than
               to
               help
               His
               Majesty
               ;
               and
               if
               any
               hurt
               came
               to
               them
               ,
               they
               might
               thank
               themselves
               .
            
             
               My
               Lords
               ,
               I
               am
               in
               the
               first
               part
               of
               this
               Article
               ,
               charged
               to
               have
               counselled
               and
               approved
               two
               dangerous
               and
               wicked
               Projects
               ,
               the
               one
               concerning
               the
               stay
               of
               the
               Bullion
               in
               the
               Tower
               ,
               the
               other
               concernin
               Copper-coyn
               ,
               and
               no
               proof
               hath
               been
               offered
               ,
               that
               I
               either
               compelled
               ,
               or
               approved
               either
               of
               those
               two
               Projects
               .
               And
               my
               Lords
               ,
               it
               is
               proved
               to
               your
               Lordships
               ,
               that
               when
               the
               Merchants
               came
               ,
               I
               told
               them
               ,
               I
               knew
               nothing
               of
               the
               business
               as
               to
               the
               Bullion
               ,
               neither
               indeed
               ,
               did
               I
               ever
               know
               there
               was
               any
               Bullion
               ,
               nor
               any
               thing
               of
               that
               nature
               in
               the
               Tower.
               But
               for
               the
               words
               ,
               I
               conceive
               it
               had
               been
               no
               Treason
               for
               me
               to
               think
               at
               that
               time
               ,
               that
               the
               Londoners
               had
               dealt
               unthankfully
               with
               His
               Majesty
               ,
               I
               thought
               I
               might
               have
               said
               it
               freely
               ,
               without
               danger
               of
               such
               a
               thought
               ,
               as
               might
               conduce
               to
               the
               convicting
               me
               of
               Treason
               .
            
             
               But
               whatsoever
               I
               then
               thought
               ,
               or
               on
               what
               grounds
               soever
               ,
               it
               may
               be
               remembred
               ,
               that
               then
               I
               alledged
               ,
               and
               now
               I
               speak
               it
               ,
               when
               news
               was
               brought
               to
               York
               ,
               that
               the
               City
               had
               sent
               the
               King
               Two
               hundred
               thousand
               pounds
               ,
               I
               took
               notice
               ,
               that
               notwithstanding
               all
               I
               had
               thought
               formerly
               ,
               they
               nad
               now
               made
               such
               recompence
               ,
               and
               so
               cleared
               their
               Faith
               and
               Duty
               to
               the
               King
               ,
               that
               I
               should
               be
               their
               servant
               ,
               and
               lay
               my
               hand
               under
               their
               feet
               ,
               as
               those
               that
               heard
               me
               are
               able
               to
               speak
               ;
               for
               though
               at
               first
               I
               said
               they
               had
               dealt
               unthanfully
               with
               the
               King
               ,
               yet
               afterwards
               I
               was
               ready
               and
               willing
               upon
               all
               occasions
               ,
               to
               testify
               the
               contrary
               of
               them
               ,
               and
               to
               profess
               that
               I
               was
               ready
               to
               serve
               them
               upon
               all
               occasions
               ,
               just
               ,
               and
               honest
               ,
               and
               honourable
               .
            
             
               As
               for
               my
               saying
               ,
               that
               they
               were
               readier
               to
               help
               the
               Rebels
               than
               the
               King.
               In
               truth
               I
               am
               a
               man
               that
               cannot
               justify
               a
               thing
               I
               do
               not
               approve
               ,
               
               I
               must
               needs
               say
               ,
               it
               was
               an
               unadvised
               Speech
               ;
               and
               ,
               I
               wish
               I
               had
               not
               spoke
               it
               :
               it
               seems
               I
               did
               speak
               it
               ;
               for
               I
               have
               reason
               to
               believe
               honest
               men
               when
               they
               Swear
               ,
               though
               ,
               in
               truth
               ,
               I
               remember
               it
               not
               :
               but
               ,
               I
               have
               no
               reason
               or
               cause
               to
               think
               ,
               they
               would
               take
               an
               Oath
               otherwise
               then
               truth
               .
               I
               have
               no
               exception
               to
               the
               Men
               ,
               and
               therefore
               ,
               upon
               their
               words
               ,
               I
               must
               Credit
               them
               ,
               before
               my
               own
               memory
               ;
               but
               ,
               it
               was
               an
               Unadvised
               Speech
               ,
               and
               he
               is
               a
               wise
               man
               ,
               and
               much
               wiser
               then
               my self
               ,
               that
               some
               time
               offends
               not
               with
               his
               Tongue
               .
               And
               ,
               in
               truth
               ,
               my
               Lords
               ,
               though
               there
               be
               no
               Treason
               in
               it
               ,
               they
               are
               the
               most
               unwarranted
               words
               that
               appeare
               in
               the
               whole
               Proofe
               made
               against
               me
               .
            
             
               In
               the
               26th
               there
               are
               some
               words
               ,
               that
               I
               should
               speak
               to
               my
               Lord
               Cottington
               ,
               concerning
               a
               Foolish
               Pamphlet
               ,
               or
               Gazette
               ,
               which
               I
               then
               had
               in
               my
               hand
               ;
               and
               ,
               it
               is
               such
               a
               Toy
               in
               it self
               ,
               and
               all
               the
               Circumstances
               of
               it
               ,
               that
               I
               hold
               it
               not
               worth
               the
               mentioning
               ,
               but
               only
               that
               I
               would
               not
               forget
               any
               thing
               in
               the
               Proofes
               ,
               as
               near
               as
               I
               could
               ,
               and
               the
               Proofe
               is
               uncertain
               ,
               for
               onely
               one
               Man
               sayes
               it
               ,
               and
               ,
               the
               very
               words
               he
               cannot
               express
               :
               Now
               ,
               he
               that
               shall
               Swear
               ,
               when
               he
               cannot
               express
               the
               Words
               ,
               his
               Testimony
               is
               but
               of
               small
               value
               ;
               and
               ,
               he
               is
               but
               a
               Single
               Proofe
               at
               best
               to
               disprove
               what
               is
               deposed
               by
               Sir
               
                 William
                 Parkhurst
              
               ,
               who
               sayes
               ,
               he
               was
               by
               ,
               yet
               heard
               not
               the
               Words
               ;
               And
               ,
               Cogam
               sayes
               ,
               he
               remembers
               not
               the
               words
               :
               and
               so
               ,
               upon
               the
               matter
               ,
               there
               are
               two
               against
               one
               ;
               and
               ,
               the
               whole
               being
               so
               uncertain
               ,
               I
               conceive
               it
               is
               of
               very
               little
               moment
               in
               your
               Lordships
               Judgments
               .
            
             
               My
               Lords
               ,
               These
               are
               as
               near
               as
               I
               can
               gather
               ,
               all
               that
               are
               charged
               as
               unto
               words
               ,
               spoken
               either
               in
               England
               or
               Ireland
               Councils
               ,
               other
               then
               these
               I
               am
               not
               charged
               withall
               ,
               and
               so
               there
               remains
               nothing
               but
               my
               Actions
               ;
               and
               ,
               if
               I
               can
               free
               them
               as
               well
               ,
               as
               I
               have
               freed
               the
               Words
               ,
               I
               conceive
               then
               ,
               under
               favour
               ,
               I
               have
               fully
               Answered
               all
               ,
               that
               hath
               been
               objected
               against
               me
               .
            
             
               My
               Lords
               ,
               The
               first
               of
               these
               is
               the
               
                 Fifth
                 Article
              
               in
               the
               Case
               of
               Sentence
               of
               the
               Council
               of
               War
               ,
               against
               my
               Lord
               Mountnorris
               ,
               and
               the
               Sentence
               of
               the
               Council
               of
               War
               against
               Denwit
               .
            
             
               For
               that
               of
               my
               Lord
               Mountnorris
               ,
               I
               have
               shewed
               plainly
               and
               clearly
               to
               your
               Lordships
               ,
               that
               I
               was
               no
               Judge
               in
               the
               Cause
               ,
               but
               a
               Party
               ,
               and
               therefore
               not
               Responsible
               for
               any
               Judgment
               given
               against
               his
               Lordship
               .
               I
               gave
               no
               Vote
               ,
               and
               so
               consequently
               am
               not
               to
               Answer
               for
               any
               Guilt
               ,
               if
               there
               were
               any
               ;
               which
               ,
               under
               favour
               ,
               I
               conceive
               ,
               since
               all
               Martial
               Law
               is
               Adjudged
               to
               be
               against
               the
               Law
               ,
               I
               may
               be
               of
               another
               Opinion
               ;
               but
               ,
               formerly
               conceiving
               that
               that
               might
               have
               stood
               with
               the
               Law
               ,
               I
               might
               say
               something
               more
               for
               the
               Justification
               of
               it
               ,
               then
               now
               I
               do
               ,
               but
               hower
               I
               was
               no
               Party
               .
            
             
               They
               say
               ,
               he
               was
               a
               Peer
               ,
               and
               it
               is
               very
               true
               ;
               but
               ,
               as
               he
               was
               a
               Peer
               ,
               so
               he
               was
               a
               Captain
               of
               the
               Army
               ;
               and
               ,
               in
               this
               Case
               ,
               we
               consider
               Men
               as
               Members
               of
               the
               Army
               ,
               not
               as
               Peers
               :
               And
               ,
               if
               a
               Peer
               will
               not
               submit
               himself
               to
               an
               Officer
               of
               the
               Army
               ,
               he
               must
               submit
               himself
               to
               the
               Order
               of
               the
               Army
               .
            
             
             
               Besides
               ,
               I
               say
               it
               was
               intended
               only
               as
               a
               Discipline
               to
               him
               ,
               the
               better
               to
               remember
               him
               to
               govern
               his
               Tongue
               afterwards
               towards
               other
               Men
               ;
               and
               ,
               that
               there
               was
               no
               more
               Prejudice
               fell
               upon
               him
               by
               it
               ,
               but
               two
               or
               three
               days
               Imprisonment
               ,
               so
               there
               was
               no
               great
               Animosity
               in
               the
               business
               :
               besides
               ,
               it
               appeared
               to
               your
               Lordships
               ,
               that
               two
               or
               three
               dayes
               after
               we
               writ
               to
               the
               King
               ,
               and
               obtained
               his
               Pardon
               ;
               so
               that
               I
               conceive
               ,
               the
               Inconvenience
               was
               not
               very
               great
               to
               him
               ,
               nor
               the
               Proceedings
               such
               ,
               as
               should
               make
               it
               unpardonable
               ,
               or
               Criminal
               in
               them
               that
               gave
               Sentence
               upon
               him
               ,
               whereof
               I
               was
               none
               .
            
             
               For
               that
               other
               ,
               concerning
               Denwitt
               ,
               your
               Lordships
               may
               remember
               ,
               he
               was
               found
               Guilty
               of
               Stealing
               a
               Quarter
               of
               Beef
               ,
               and
               for
               Running
               from
               his
               Collours
               ,
               and
               was
               formerly
               Burnt
               in
               the
               Hand
               ;
               for
               that
               he
               should
               be
               Proceeded
               against
               another
               way
               :
               But
               ,
               falling
               out
               at
               that
               time
               ,
               when
               Five
               hundred
               Men
               were
               going
               over
               to
               Carlisle
               ,
               and
               they
               being
               unwilling
               to
               be
               put
               to
               Sea
               ,
               we
               were
               inforced
               to
               those
               proceedings
               for
               the
               preventing
               of
               further
               Mischief
               .
               And
               ,
               there
               is
               another
               thing
               ;
               that
               the
               Martial-Law
               hath
               been
               alway
               in
               Force
               ,
               and
               executed
               in
               all
               times
               in
               Ireland
               ,
               and
               never
               so
               sparingly
               as
               in
               my
               time
               ;
               for
               ,
               this
               is
               the
               only
               Man
               that
               suffered
               all
               the
               time
               I
               had
               the
               Honour
               of
               the
               Government
               :
               And
               ,
               I
               dare
               Appeal
               to
               them
               that
               know
               the
               Country
               ,
               Whether
               ,
               in
               former
               times
               ,
               many
               Men
               have
               not
               been
               committed
               ,
               and
               Executed
               ,
               by
               Martial-Law
               ,
               by
               the
               Deputies
               Warrant
               ,
               that
               were
               not
               Thieves
               and
               Rebels
               ,
               but
               such
               as
               went
               up
               and
               down
               the
               Country
               ?
               if
               they
               could
               not
               give
               Account
               of
               themselves
               ,
               the
               Provost-Martial
               ,
               by
               direction
               of
               the
               Deputies
               ,
               using
               ,
               in
               such
               Case
               ,
               to
               Hang
               them
               up
               .
               I
               dare
               say
               there
               are
               Hundreds
               of
               Examples
               in
               this
               kind
               ;
               so
               that
               as
               to
               that
               ,
               I
               do
               not
               Justifie
               it
               ;
               But
               ,
               I
               say
               ,
               it
               is
               a
               Pardonable
               Fault
               ;
               and
               ,
               that
               others
               are
               of
               Course
               Pardoned
               for
               it
               ;
               And
               ,
               I
               trust
               ,
               that
               what
               falls
               of
               Course
               ,
               shall
               not
               be
               laid
               upon
               me
               as
               High-Treason
               ;
               or
               conducing
               to
               it
               .
            
             
               The
               next
               is
               the
               
                 Sixth
                 Article
              
               ;
               and
               that
               is
               in
               the
               Case
               of
               
                 Richard
                 Rollston
              
               ;
               and
               ,
               therein
               ,
               I
               am
               said
               to
               have
               Subverted
               the
               Fundamental
               Laws
               ,
               by
               executing
               a
               Power
               ,
               and
               a
               Jurisdiction
               ,
               which
               was
               not
               Warranted
               by
               Law
               ,
               upon
               a
               Paper
               Petition
               ,
               putting
               out
               of
               Possession
               of
               his
               Freehold
               and
               Inheritance
               my
               Lord
               Mountnorris
               .
            
             
               My
               Lords
               ,
               That
               Sentence
               will
               appear
               to
               your
               Lordships
               to
               be
               no
               more
               ,
               then
               the
               relieving
               a
               Poor
               Man
               in
               case
               of
               Equity
               ;
               and
               ,
               it
               is
               proved
               to
               you
               to
               be
               a
               Power
               ,
               that
               hath
               been
               formerly
               practised
               by
               the
               Deputies
               ;
               and
               ,
               I
               humbly
               conceive
               the
               Decree
               is
               just
               :
               So
               that
               ,
               my
               Lords
               ,
               I
               must
               Confess
               ,
               it
               is
               something
               strange
               to
               me
               ,
               That
               ,
               having
               the
               Kings
               Letter
               to
               Warrant
               me
               in
               the
               Course
               of
               Proceedings
               ,
               and
               having
               the
               Power
               of
               former
               Deputies
               in
               like
               Case
               ,
               and
               doing
               no
               more
               therein
               then
               the
               Lord
               Chancellor
               ,
               by
               the
               very
               self-same
               Law
               ,
               should
               do
               in
               other
               places
               :
               And
               ,
               that
               which
               should
               be
               —
               done
               ,
               by
               the
               Chancellor
               ,
               should
               be
               Innocent
               and
               Just
               ,
               yet
               become
               High-Treason
               when
               done
               by
               me
               ,
               is
               a
               thing
               I
               understand
               not
               .
            
             
               The
               next
               is
               the
               Case
               of
               Tonnres
               ;
               and
               ,
               that
               is
               waved
               by
               them
               ;
               and
               well
               may
               it
               be
               ;
               for
               ,
               it
               was
               in
               a
               Case
               of
               Plantation
               ;
               there
               was
               no
               Possession
               altered
               ,
               and
               it
               is
               fully
               within
               the
               Book
               of
               the
               Kings
               Instructions
               .
            
             
             
               The
               next
               is
               in
               the
               Case
               of
               Sir
               
                 Iohn
                 Gifford
              
               against
               the
               Lord
               Viscount
               Loftus
               ,
               which
               they
               have
               Waved
               ;
               and
               ,
               well
               they
               may
               ;
               for
               it
               was
               grounded
               on
               a
               Letter
               from
               the
               King
               ,
               Commanding
               it
               to
               be
               heard
               by
               the
               Deputy
               and
               Council
               ,
               which
               is
               clearly
               within
               the
               Instructions
               ,
               and
               hath
               been
               since
               heard
               by
               the
               King
               and
               Council-Board
               ,
               and
               by
               them
               Confirmed
               for
               a
               Just
               Decree
               .
            
             
               The
               next
               is
               the
               Case
               of
               my
               Lord
               of
               Kildare
               ;
               and
               ,
               that
               they
               may
               well
               Wave
               too
               ;
               the
               Proceedings
               being
               grounded
               upon
               a
               Letter
               from
               His
               Majesty
               ,
               and
               nothing
               done
               but
               in
               persuance
               of
               an
               Award
               between
               the
               Lord
               Digbyes
               House
               ,
               and
               that
               House
               of
               Kildare
               made
               by
               King
               Iames.
               
            
             
               The
               next
               is
               the
               Lady
               Hibbots
               Case
               ;
               and
               that
               was
               Relief
               given
               to
               Poor
               Men
               ,
               circumvented
               by
               Practice
               ,
               to
               the
               Prejudice
               of
               himself
               .
               My
               Lords
               ,
               I
               had
               Power
               to
               hear
               that
               Cause
               ,
               and
               all
               Causes
               of
               that
               Nature
               ,
               by
               the
               King's
               Letter
               ,
               and
               according
               to
               the
               Practice
               of
               former
               Deputies
               :
               And
               ,
               I
               conceive
               ,
               it
               will
               appear
               ,
               when
               it
               comes
               to
               be
               heard
               ,
               to
               be
               a
               just
               and
               fair
               Decree
               ,
               I
               do
               not
               any
               way
               question
               that
               ,
               though
               I
               remember
               little
               of
               the
               business
               .
            
             
               But
               ,
               at
               the
               worst
               ,
               this
               is
               but
               an
               over-exercising
               of
               a
               Jurisdiction
               ;
               and
               ,
               that
               it
               should
               be
               High-Treason
               in
               a
               Judge
               to
               exceed
               his
               Jurisdiction
               ,
               I
               must
               confess
               I
               never
               heard
               it
               .
               I
               told
               your
               Lordships
               the
               other
               day
               ,
               
                 Bono
                 Iudici
                 est
                 Amplior
                 Iurisdictio
              
               .
            
             
               But
               ,
               that
               it
               should
               be
               High-Treason
               to
               enlarge
               Jurisdiction
               ,
               is
               a
               perilous
               Point
               ;
               and
               ,
               if
               it
               be
               so
               ,
               it
               befits
               your
               Lordships
               ,
               and
               all
               Judges
               ,
               to
               be
               well
               certained
               what
               you
               may
               do
               ,
               least
               by
               going
               too
               far
               ,
               you
               fall
               into
               great
               Inconveniences
               .
            
             
               But
               ,
               my
               Lords
               ,
               I
               say
               (
               under
               favour
               )
               that
               all
               these
               ,
               if
               they
               had
               been
               done
               without
               any
               manner
               of
               Authority
               ,
               had
               not
               been
               a
               Subversion
               ,
               but
               rather
               a
               diversion
               of
               the
               Law
               :
               it
               could
               not
               be
               properly
               said
               ,
               to
               be
               the
               subverting
               of
               the
               Fundamental
               Lawes
               ,
               though
               it
               might
               be
               a
               diverting
               ,
               and
               so
               long
               as
               I
               keep
               the
               Rule
               of
               the
               Law
               ,
               and
               do
               the
               same
               things
               that
               another
               man
               does
               ,
               in
               a
               more
               legal
               way
               ,
               I
               mean
               in
               a
               more
               warrantable
               place
               ;
               I
               say
               ,
               my
               doing
               of
               the
               same
               thing
               in
               an
               improper
               place
               ,
               is
               not
               a
               Subversion
               ,
               but
               a
               diversion
               of
               the
               Law
               :
               If
               you
               will
               bring
               in
               the
               Thames
               about
               Lambeth
               ,
               to
               come
               in
               again
               below
               the
               Bridge
               ,
               the
               River
               is
               the
               same
               ,
               though
               the
               Course
               be
               diverted
               to
               another
               place
               :
               So
               the
               Fundamental
               Law
               is
               the
               same
               ,
               though
               the
               Course
               be
               diverted
               to
               another
               place
               ;
               I
               say
               ,
               the
               Fundamental
               Law
               is
               the
               same
               ,
               onely
               it
               is
               carry'd
               in
               another
               Pipe
               :
               And
               ,
               Shall
               this
               be
               said
               to
               be
               a
               Subverting
               ?
               Under
               favour
               ,
               as
               the
               River
               is
               the
               same
               ,
               so
               the
               Law
               is
               the
               same
               ;
               it
               is
               not
               a
               subversion
               ,
               but
               a
               diversion
               .
               Nor
               doth
               it
               skill
               where
               Justice
               be
               done
               (
               I
               mean
               so
               far
               as
               it
               concerns
               the
               Subjects
               Interest
               )
               for
               ,
               so
               long
               as
               he
               hath
               Justice
               speedily
               ,
               and
               with
               least
               Charge
               ,
               his
               end
               is
               complyed
               with
               ,
               and
               it
               concernes
               not
               himself
               ,
               whether
               he
               hath
               it
               in
               the
               Kings
               Bench
               ,
               or
               Common-Pleas
               ;
               so
               he
               hath
               it
               speedily
               ,
               and
               with
               the
               least
               Charge
               :
               And
               therefore
               ,
               as
               long
               as
               the
               Lawes
               are
               the
               same
               ,
               though
               Executed
               by
               several
               Persons
               ,
               and
               in
               several
               places
               ,
               I
               cannot
               conceive
               it
               to
               be
               a
               subversion
               :
               And
               ,
               I
               shall
               humbly
               beseech
               your
               Lordships
               ,
               to
               take
               care
               ,
               that
               while
               these
               straynes
               are
               put
               upon
               me
               ,
               to
               make
               this
               Personal
               Charge
               against
               me
               ,
               ye
               do
               not
               through
               my
               Sides
               ,
               Wound
               the
               Crown
               of
               England
               ,
               by
               taking
               that
               Power
               from
               the
               
               Deputy
               ,
               which
               must
               of
               necessity
               be
               lodged
               in
               him
               ,
               if
               you
               will
               have
               that
               Kingdom
               depend
               upon
               the
               Crown
               of
               England
               ,
               which
               I
               hold
               ,
               in
               all
               Wisdom
               and
               Judgment
               ,
               ought
               to
               be
               cared
               for
               :
               Therefore
               ,
               I
               beseech
               you
               ,
               prejudice
               not
               the
               Deputy
               ,
               to
               the
               Disabling
               him
               from
               serving
               the
               Crown
               hereafter
               ,
               by
               Beating
               down
               me
               ,
               who
               am
               this
               day
               to
               Answer
               before
               you
               ;
               For
               ,
               if
               you
               take
               away
               the
               Power
               of
               the
               Deputy
               ,
               you
               shall
               not
               have
               that
               Kingdom
               long
               depend
               upon
               this
               Crown
               ;
               for
               ,
               it
               rests
               under
               God
               and
               His
               Majesty
               ,
               and
               must
               principally
               rest
               upon
               the
               care
               of
               him
               that
               is
               intrusted
               with
               that
               Charge
               :
               And
               ,
               therefore
               ,
               give
               me
               leave
               ,
               on
               the
               behalfe
               of
               the
               Crown
               of
               England
               ,
               to
               beseech
               you
               to
               be
               wary
               of
               lessening
               the
               Deputies
               Power
               too
               much
               ;
               for
               ,
               if
               you
               do
               ,
               I
               fear
               you
               will
               find
               it
               a
               great
               Disservice
               to
               the
               Crown
               .
            
             
               My
               Lords
               ,
               the
               next
               thing
               I
               am
               Charged
               with
               is
               the
               9th
               Article
               ;
               That
               is
               ,
               a
               Warrant
               of
               Assistance
               to
               the
               Bishop
               of
               Down
               and
               Connor
               ,
               and
               ,
               for
               that
               ,
               your
               Lordships
               see
               there
               was
               but
               one
               of
               them
               ,
               and
               have
               heard
               it
               proved
               ,
               that
               before
               my
               time
               such
               Warrants
               were
               frequent
               indeed
               ,
               no
               man
               was
               denyed
               them
               :
               But
               ,
               my
               Lords
               ,
               it
               must
               likewise
               be
               remembred
               ,
               that
               of
               my
               own
               accord
               ,
               I
               did
               recall
               it
               ,
               before
               I
               was
               ever
               questioned
               for
               it
               ;
               and
               ,
               it
               is
               very
               hard
               ,
               if
               he
               that
               mends
               his
               Faults
               ,
               should
               be
               afterward
               punished
               for
               it
               ;
               for
               ,
               it
               is
               a
               Degree
               of
               Repentance
               ,
               and
               ,
               it
               is
               hard
               ,
               that
               a
               man
               should
               be
               finally
               Condemned
               after
               Repentance
               :
               and
               therefore
               ,
               my
               Lords
               ,
               I
               trust
               ,
               seeing
               there
               was
               but
               one
               of
               them
               ,
               seeing
               I
               did
               my self
               recall
               it
               ,
               so
               willingly
               ,
               as
               soon
               as
               I
               found
               the
               Inconvenience
               ,
               I
               hope
               that
               will
               be
               easier
               remitted
               to
               me
               .
            
             
               The
               next
               is
               the
               10th
               Article
               ,
               that
               concernes
               the
               Customes
               ,
               and
               that
               is
               rather
               to
               be
               looked
               on
               as
               a
               Fraud
               ,
               then
               as
               a
               Treason
               ,
               as
               I
               conceive
               it
               ,
               there
               is
               no
               Treason
               in
               the
               business
               sure
               :
               But
               ,
               I
               have
               proved
               ,
               the
               Bargain
               was
               honestly
               made
               ;
               That
               there
               was
               more
               offered
               for
               it
               by
               me
               then
               any
               other
               ;
               That
               I
               had
               it
               upon
               no
               other
               Termes
               ,
               then
               it
               was
               formerly
               let
               to
               others
               ;
               That
               I
               was
               constrain'd
               to
               it
               whether
               I
               would
               or
               no
               ;
               And
               then
               ,
               my
               Lords
               ,
               if
               the
               Bargain
               ,
               by
               the
               Increase
               of
               that
               Kingdom
               ,
               proove
               a
               good
               and
               profitable
               Bargain
               ;
               it
               is
               a
               very
               hard
               Case
               ,
               that
               if
               it
               be
               increased
               through
               the
               Kings
               Wisdom
               and
               Goodness
               ,
               and
               the
               Kingdoms
               Growth
               ,
               Trade
               and
               Traffick
               ,
               that
               this
               should
               be
               turned
               upon
               me
               ,
               as
               an
               Argument
               ,
               to
               make
               me
               Guilty
               of
               Treason
               .
            
             
               I
               never
               found
               a
               good
               Bargain
               should
               be
               so
               charged
               ,
               so
               long
               as
               it
               was
               honest
               and
               fair
               .
            
             
               But
               ,
               whereas
               they
               press
               ,
               That
               I
               have
               gained
               Three
               Hundred
               Thousand
               Pounds
               Estate
               by
               it
               ;
               it
               is
               a
               very
               strange
               mistake
               :
               For
               ,
               the
               King
               has
               out
               of
               it
               His
               Rent
               of
               15
               or
               16
               Thousand
               Pounds
               a
               year
               ,
               and
               Five
               entire
               parts
               of
               Eight
               clear
               to
               Himself
               ;
               and
               therefore
               it
               was
               a
               strange
               Calculation
               ,
               and
               much
               mistaken
               by
               them
               that
               gave
               the
               Information
               of
               it
               to
               the
               Gentlemen
               .
            
             
               For
               the
               Book
               of
               Rates
               it
               was
               none
               of
               mine
               ,
               but
               was
               agreed
               on
               before
               my
               time
               ;
               I
               had
               nothing
               to
               do
               with
               it
               ,
               and
               therefore
               have
               nothing
               to
               Answer
               for
               it
               :
               And
               ,
               when
               it
               shall
               come
               to
               be
               proved
               ,
               it
               will
               appear
               ,
               that
               the
               Rates
               were
               set
               fairly
               and
               justly
               ,
               and
               equal
               betwixt
               King
               and
               People
               ,
               according
               to
               the
               Law
               ,
               whatsoever
               hath
               been
               said
               to
               the
               contrary
               .
            
             
             
               The
               next
               is
               the
               11th
               Article
               ,
               concerning
               Pipe-Staves
               ,
               and
               that
               is
               by
               them
               waved
               ;
               and
               well
               they
               may
               ,
               for
               the
               plain
               truth
               is
               ,
               if
               it
               had
               been
               proceeded
               in
               ,
               it
               would
               have
               appeared
               ,
               that
               there
               is
               come
               Fifteen
               hundred
               pounds
               gain
               to
               the
               King
               ,
               and
               Four
               hundred
               pounds
               loss
               to
               my self
               ,
               and
               preserving
               of
               Woods
               ,
               and
               that
               is
               all
               that
               would
               be
               made
               from
               that
               Article
               .
            
             
               The
               next
               is
               the
               business
               of
               the
               Tobacco
               ,
               which
               is
               not
               applyable
               to
               Treason
               in
               any
               kind
               ;
               but
               because
               I
               would
               be
               clear
               in
               every
               Mans
               Judgment
               that
               hears
               me
               ,
               I
               beseech
               your
               Lordships
               to
               call
               to
               mind
               ,
               it
               was
               the
               Petition
               of
               the
               Commons-House
               of
               Ireland
               ,
               that
               the
               Grant
               of
               Impost
               on
               the
               Tobacco
               should
               be
               taken
               in
               ,
               and
               converted
               to
               the
               Kings
               use
               ;
               so
               that
               whatsoever
               was
               done
               ,
               was
               persuing
               their
               intention
               and
               desire
               .
            
             
               That
               there
               was
               no
               way
               but
               this
               ,
               to
               make
               benefit
               and
               profit
               of
               it
               ,
               is
               most
               manifestly
               shewed
               ,
               that
               there
               was
               a
               Proclamation
               in
               England
               of
               the
               like
               nature
               ,
               and
               a
               Command
               of
               the
               King
               to
               proceed
               in
               it
               accordingly
               ;
               and
               an
               Act
               of
               Parliament
               Transmitted
               here
               ,
               for
               Passing
               it
               to
               the
               Crown
               ,
               according
               to
               the
               intention
               of
               the
               Commons-House
               ;
               and
               ,
               for
               the
               greatness
               of
               the
               Bargain
               ,
               no
               Proofe
               hath
               been
               offered
               to
               your
               Lordships
               ,
               but
               only
               the
               Estimate
               of
               a
               Merchant
               ;
               and
               ,
               how
               far
               your
               Lordships
               will
               be
               guided
               by
               the
               Estimate
               of
               a
               Merchant
               I
               known
               not
               ;
               but
               ,
               I
               have
               had
               Trial
               of
               some
               of
               them
               ,
               and
               their
               Estimates
               never
               hold
               ;
               for
               ,
               they
               have
               alwayes
               told
               me
               ,
               I
               shall
               gain
               much
               ,
               and
               when
               I
               came
               to
               the
               point
               ,
               I
               gained
               nothing
               :
               and
               if
               Sir
               
                 George
                 Ratcliffe
              
               should
               be
               Sworn
               to
               the
               Point
               ,
               he
               should
               say
               confidently
               ,
               that
               we
               are
               Fourscore
               and
               six
               thousand
               out
               of
               Purse
               ,
               and
               ;
               when
               he
               came
               out
               of
               Ireland
               ,
               but
               Fourscore
               thousand
               pounds
               received
               ;
               and
               this
               is
               the
               Profit
               Estimated
               by
               the
               great
               Merchants
               ,
               at
               a
               Hundred
               and
               Forty
               thousand
               pounds
               a
               year
               :
               But
               ,
               at
               the
               worst
               ,
               it
               is
               but
               a
               Monopoly
               ,
               and
               a
               Monopoly
               of
               the
               best
               condition
               ,
               because
               it
               was
               begun
               by
               a
               Parliament
               .
               I
               have
               seen
               many
               Monopolies
               question'd
               in
               Parliament
               ,
               and
               many
               overthrown
               in
               Parliament
               ,
               but
               ,
               I
               never
               heard
               a
               Monopoly
               charged
               for
               a
               Treason
               .
            
             
               My
               Lords
               ,
               The
               next
               is
               the
               13th
               Article
               ,
               and
               that
               is
               concerning
               the
               Flax
               business
               ;
               For
               that
               ,
               my
               Lords
               ,
               if
               I
               had
               thought
               it
               any
               way
               concerning
               me
               ,
               I
               could
               have
               cleared
               it
               in
               a
               very
               great
               measure
               ;
               But
               ,
               I
               had
               no
               private
               Interest
               in
               the
               business
               ,
               much
               less
               of
               private
               profit
               ;
               but
               onely
               an
               endeavour
               and
               desire
               ,
               to
               bring
               in
               the
               Trade
               of
               Linnen-Cloth
               to
               that
               Kingdom
               ,
               which
               would
               be
               much
               advantage
               to
               both
               Kingdoms
               ,
               and
               no
               prejudice
               to
               this
               Kingdom
               ,
               which
               a
               Woollen
               Trade
               would
               have
               been
               ,
               if
               set
               up
               these
               .
            
             
               And
               ,
               the
               Prolcamation
               ,
               when
               it
               was
               found
               not
               so
               well
               liking
               to
               the
               People
               ,
               was
               called
               in
               of
               our
               own
               accord
               ,
               before
               it
               was
               question'd
               ,
               and
               so
               laid
               aside
               ,
               and
               given
               over
               .
            
             
               For
               any
               matter
               of
               private
               Benefit
               ,
               you
               have
               no
               Witness
               but
               Crokay
               ,
               a
               Fellow
               brought
               out
               of
               Prison
               ;
               Here
               is
               but
               a
               single
               Witness
               ,
               and
               a
               sorry
               one
               ;
               a
               Fellow
               ,
               who
               ,
               by
               misbehaving
               and
               misusing
               the
               trust
               committed
               to
               him
               ,
               was
               turned
               out
               ;
               and
               ,
               upon
               the
               turning
               of
               him
               out
               ,
               the
               Proclamation
               was
               absolutely
               called
               in
               :
               and
               ,
               now
               he
               comes
               to
               be
               a
               Witness
               ,
               being
               himself
               the
               onely
               offended
               in
               the
               Cause
               .
            
             
               But
               ,
               I
               beseech
               your
               Lordships
               ,
               to
               think
               ,
               I
               have
               not
               lived
               with
               so
               mean
               a
               heart
               in
               the
               World
               ,
               that
               I
               should
               look
               to
               gain
               Four
               Nobles
               more
               or
               less
               ,
               
               upon
               a
               Cart
               Load
               of
               Flax
               ;
               It
               is
               very
               well
               known
               my
               thoughts
               have
               carryed
               me
               free
               enough
               from
               gaining
               so
               poor
               and
               petty
               a
               matter
               ,
               as
               that
               is
               .
               I
               know
               nothing
               in
               the
               World
               of
               it
               ,
               no
               more
               than
               the
               man
               in
               the
               Moon
               ;
               but
               ,
               when
               it
               comes
               to
               be
               heard
               ,
               your
               Lordships
               will
               find
               me
               extreame
               pure
               in
               that
               ;
               for
               ,
               I
               thank
               God
               I
               have
               clear
               hands
               I
               assure
               you
               .
            
             
               The
               14th
               is
               waved
               by
               them
               ,
               concerning
               an
               Unlawful
               Oath
               given
               to
               Masters
               and
               Officers
               of
               Ships
               ;
               and
               ,
               it
               might
               very
               well
               be
               waved
               ;
               for
               ,
               I
               conceive
               it
               to
               be
               Warranted
               by
               the
               Law
               :
               Sure
               I
               am
               ,
               it
               is
               both
               the
               Practice
               of
               England
               and
               Ireland
               ,
               and
               hath
               alwayes
               ,
               and
               at
               all
               times
               ,
               been
               practised
               and
               used
               ,
               and
               is
               onely
               for
               the
               preventing
               of
               Fraud
               and
               Deceipt
               in
               Merchants
               ,
               by
               not
               paying
               the
               Kings
               Duties
               and
               Customes
               .
            
             
               The
               15th
               is
               Answered
               already
               I
               hope
               .
            
             
               The
               16th
               doth
               Charge
               upon
               me
               certain
               Propositions
               I
               made
               ,
               before
               I
               went
               into
               Ireland
               :
               And
               ,
               in
               good
               Faith
               ,
               my
               Lords
               ,
               you
               may
               see
               ,
               how
               short-sighted
               men
               may
               be
               to
               their
               own
               Actions
               ;
               for
               ,
               I
               did
               very
               well
               believe
               ,
               I
               should
               never
               have
               reaped
               any
               thing
               from
               those
               Propositions
               but
               Thanks
               ;
               I
               am
               sure
               they
               were
               well
               received
               then
               ,
               when
               they
               were
               offered
               to
               His
               Majesty
               and
               the
               Council
               ;
               and
               ,
               I
               must
               truely
               Confess
               ,
               I
               never
               thought
               they
               should
               be
               objected
               against
               me
               as
               a
               Fault
               .
            
             
               My
               Lords
               ,
               The
               Proposition
               was
               ,
               That
               no
               Man
               should
               be
               allowed
               to
               Complain
               of
               Injustice
               or
               Oppression
               in
               Ireland
               ,
               unless
               he
               first
               addressed
               himself
               to
               the
               Deputy
               :
               My
               Lords
               ,
               there
               was
               no
               Original
               Intent
               ,
               but
               onely
               to
               prevent
               Clamours
               ,
               and
               Unjust
               Vexations
               of
               the
               Kings
               Ministers
               there
               ;
               that
               ,
               after
               men
               had
               received
               Judgment
               of
               the
               Kings
               Courts
               ,
               they
               might
               not
               presently
               come
               ,
               and
               ,
               by
               Clamours
               ,
               call
               over
               a
               Chief
               Justice
               ,
               or
               a
               Chancellor
               ,
               or
               President
               ,
               to
               Answer
               here
               ,
               and
               be
               at
               charge
               of
               five
               or
               six
               hundred
               pounds
               ,
               unless
               they
               acquaint
               the
               Deputy
               with
               it
               ,
               that
               they
               might
               be
               righted
               in
               the
               place
               ;
               and
               ,
               this
               is
               Charged
               against
               me
               as
               a
               great
               Crime
               .
            
             
               Truely
               ,
               my
               Lords
               ,
               I
               shall
               Confess
               ,
               and
               Amend
               any
               thing
               ,
               and
               trust
               other
               Judgments
               rather
               than
               mine
               own
               ;
               but
               ,
               I
               see
               not
               how
               this
               can
               Charge
               me
               ,
               as
               intending
               to
               subvert
               the
               Laws
               of
               the
               Land
               ,
               but
               rather
               to
               preserve
               them
               .
            
             
               The
               other
               concernes
               a
               Proclamation
               ,
               That
               none
               shall
               depart
               the
               Kingdom
               without
               License
               .
            
             
               My
               Lords
               ,
               for
               that
               I
               have
               shewed
               ,
               that
               no
               man
               out
               of
               that
               Kingdom
               ,
               can
               come
               without
               License
               ,
               but
               upon
               very
               great
               Penalties
               .
               I
               have
               shewed
               likewise
               ,
               it
               was
               the
               desire
               of
               their
               own
               Agents
               some
               15
               or
               16
               years
               since
               ,
               That
               there
               might
               be
               such
               a
               Restraint
               ,
               and
               none
               might
               come
               over
               without
               License
               .
               I
               have
               shewed
               you
               likewise
               ,
               the
               Instructions
               to
               my
               Lord
               of
               Faulkland
               ,
               by
               which
               he
               was
               Commanded
               ,
               in
               persuance
               of
               that
               Desire
               ,
               that
               none
               should
               come
               over
               without
               his
               License
               :
               I
               have
               shewed
               the
               express
               Command
               of
               His
               Majesty
               to
               me
               ,
               to
               have
               it
               so
               .
               I
               have
               shewed
               you
               likewise
               the
               Reasons
               of
               State
               ,
               why
               it
               should
               be
               so
               ,
               to
               prevent
               that
               practice
               and
               Intelligence
               ,
               which
               might
               otherwise
               arise
               betwixt
               them
               of
               that
               Nation
               ,
               serving
               under
               Tir-Connell
               and
               
                 O
                 Neale
              
               ;
               and
               likewise
               to
               prevent
               the
               going
               over
               ,
               and
               transplanting
               the
               Prime
               Nobility
               and
               Gentry
               to
               Seminaries
               ,
               
               and
               other
               such
               places
               ,
               there
               to
               be
               brought
               up
               :
               and
               therefore
               ,
               in
               reason
               of
               State
               ,
               it
               is
               a
               Restraint
               ,
               and
               ought
               so
               to
               be
               .
               But
               ,
               having
               these
               grounds
               of
               Law
               ,
               Warrant
               ,
               Practice
               ,
               Former
               Instruction
               and
               all
               ,
               Why
               this
               should
               be
               brought
               to
               me
               in
               particular
               Charge
               ,
               to
               Convince
               me
               of
               endeavouring
               the
               Subversion
               of
               the
               Laws
               ,
               I
               must
               submit
               to
               your
               Lordships
               .
            
             
               My
               Lords
               ,
               There
               is
               ,
               in
               the
               latter
               part
               of
               this
               ,
               another
               Charge
               ,
               concerning
               the
               Sentenceing
               of
               one
               Parry
               ,
               who
               was
               Sentenced
               (
               as
               I
               conceive
               )
               very
               Justly
               ;
               and
               ,
               I
               have
               no
               more
               to
               answer
               for
               in
               that
               Sentence
               ,
               then
               any
               of
               the
               rest
               ,
               having
               but
               a
               single
               Voice
               ;
               and
               ,
               that
               I
               should
               answer
               for
               all
               ,
               I
               confess
               is
               something
               hard
               .
               But
               ,
               there
               is
               no
               manner
               of
               Testimony
               in
               the
               World
               in
               this
               ,
               save
               the
               Testimony
               of
               Parry
               himself
               :
               Now
               ,
               if
               Parry
               ,
               the
               Man
               offended
               ,
               his
               Testimony
               shall
               be
               taken
               against
               the
               Judge
               ,
               I
               know
               no
               Man
               can
               be
               safe
               ,
               and
               other
               Testimony
               is
               not
               offered
               :
               and
               therefore
               I
               trust
               that
               that
               will
               easily
               fall
               off
               of
               it self
               .
            
             
               The
               17th
               is
               likewise
               waved
               ;
               and
               is
               ,
               in
               Truth
               ,
               of
               no
               great
               Consequence
               ,
               one
               way
               or
               other
               ,
               and
               therefore
               I
               shall
               give
               no
               other
               Answer
               to
               it
               ;
               It
               was
               well
               waved
               ,
               and
               had
               been
               as
               well
               left
               out
               ,
               having
               no
               great
               matter
               in
               it
               .
            
             
               The
               18th
               is
               likewise
               waved
               ,
               but
               it
               is
               that
               which
               sticks
               very
               heavy
               upon
               me
               ;
               and
               ,
               wherein
               I
               find
               my self
               as
               much
               afflicted
               ,
               as
               in
               any
               one
               part
               of
               the
               Charge
               :
               For
               ,
               my
               Lords
               ,
               here
               I
               am
               Charged
               up
               and
               down
               ,
               to
               endeavour
               to
               draw
               upon
               my self
               a
               Dependance
               of
               the
               Papists
               ,
               in
               both
               Kingdomes
               of
               Ireland
               and
               England
               ;
               and
               ,
               that
               I
               have
               ,
               during
               the
               time
               of
               my
               Government
               ,
               restored
               diverse
               Mass-Houses
               in
               Dublin
               and
               elsewhere
               ,
               that
               have
               been
               by
               Precedent
               Deputies
               taken
               away
               .
               I
               am
               likewise
               Charged
               to
               have
               drawn
               to
               my self
               a
               Dependence
               of
               the
               Irish
               Army
               ,
               Eight
               Thousand
               ,
               all
               Papists
               ;
               and
               likewise
               to
               have
               miscarried
               my self
               in
               a
               Commission
               intrusted
               with
               me
               ,
               before
               my
               going
               into
               Ireland
               ,
               concerning
               Compositions
               for
               Recusants
               .
            
             
               This
               is
               a
               very
               heavy
               and
               grievous
               Charge
               ,
               and
               hath
               raised
               a
               great
               deal
               of
               Ill
               Opinion
               against
               me
               in
               the
               World
               ,
               to
               be
               a
               Fafourer
               and
               Contriver
               with
               Papists
               ,
               and
               I
               know
               not
               whom
               ,
               against
               the
               Religion
               I
               profess
               ,
               a
               Greater
               and
               Fouler
               Crime
               there
               cannot
               be
               against
               God
               or
               Man
               ;
               and
               yet
               this
               goes
               in
               Print
               all
               over
               the
               World
               :
               and
               ,
               when
               it
               comes
               to
               the
               Point
               ,
               here
               is
               no
               Proof
               ,
               nor
               any
               part
               of
               the
               Charge
               made
               good
               .
               And
               ,
               therefore
               ,
               since
               it
               is
               not
               made
               good
               by
               the
               Charge
               ,
               I
               humbly
               desire
               I
               may
               be
               vindicated
               in
               your
               Lordships
               Noble
               Opinions
               ,
               and
               the
               Opinions
               of
               all
               that
               hear
               me
               ,
               that
               I
               am
               ,
               in
               my
               Religion
               ,
               what
               I
               ought
               to
               be
               ;
               and
               ,
               that
               which
               I
               will
               Dye
               in
               ,
               and
               Maintain
               against
               all
               the
               World
               :
               And
               ,
               I
               am
               so
               far
               from
               Contriving
               any
               thing
               to
               the
               hinderance
               of
               it
               ,
               that
               ,
               if
               God
               give
               me
               life
               ,
               I
               will
               serve
               it
               ,
               and
               prevent
               any
               inconvenience
               to
               it
               :
               and
               ,
               my
               Religion
               and
               Duty
               to
               God
               is
               so
               Dear
               ,
               and
               precious
               to
               me
               ,
               that
               there
               is
               nothing
               in
               this
               World
               ,
               but
               I
               shall
               lay
               it
               down
               ,
               as
               Straw
               and
               Stubble
               ,
               under
               my
               feet
               ,
               and
               trample
               upon
               it
               ,
               rather
               ,
               then
               in
               any
               kind
               ,
               forfeit
               that
               :
               but
               ,
               in
               the
               mean
               time
               ,
               I
               suffer
               ,
               and
               must
               be
               content
               .
            
             
               My
               Lords
               ,
               The
               next
               is
               the
               19th
               Article
               ;
               and
               ,
               that
               was
               ,
               for
               framing
               a
               New
               and
               Unusual
               Oath
               ,
               which
               the
               Scots
               did
               take
               in
               Ireland
               ,
               to
               give
               
               Pledges
               of
               their
               Allegiance
               to
               the
               King
               ;
               I
               have
               shewed
               you
               for
               that
               ,
               that
               the
               Oath
               was
               framed
               by
               the
               Kings
               express
               Command
               in
               Ianuary
               ,
               before
               the
               Oath
               was
               given
               ,
               which
               was
               ,
               I
               think
               ,
               in
               May.
               And
               ,
               I
               did
               then
               humbly
               conceive
               it
               lawful
               for
               me
               so
               to
               do
               ,
               being
               onely
               to
               take
               from
               them
               a
               Pledge
               of
               their
               Allegiance
               to
               the
               King.
               I
               confess
               ,
               I
               conceived
               such
               an
               Oath
               might
               have
               been
               lawfully
               Administred
               to
               the
               People
               ;
               and
               shewed
               ,
               that
               the
               same
               Oath
               was
               Administred
               here
               in
               England
               ,
               to
               those
               of
               that
               Nation
               ,
               I
               shewed
               that
               it
               was
               taken
               in
               Ireland
               voluntarily
               :
               And
               ,
               I
               humbly
               represent
               to
               your
               Lordships
               the
               time
               when
               this
               Oath
               was
               required
               ,
               when
               the
               King
               and
               both
               the
               Armies
               were
               in
               the
               Field
               ,
               lodged
               not
               far
               from
               one
               another
               :
               And
               ,
               whereas
               it
               is
               said
               ,
               it
               should
               oblige
               the
               Clergy
               in
               Ecclesiastical
               Matters
               ;
               if
               your
               Lordships
               call
               to
               mind
               ,
               the
               very
               Oath
               it self
               cleares
               that
               Point
               ,
               requiring
               onely
               a
               Temporal
               Obedience
               and
               Allegiance
               ,
               in
               a
               time
               of
               that
               Danger
               and
               Distraction
               ,
               given
               by
               the
               Kings
               own
               Command
               ,
               and
               to
               no
               other
               purpose
               .
            
             
               And
               ,
               my
               Lords
               ,
               the
               Proofes
               are
               nothing
               at
               all
               on
               the
               matter
               ;
               Sir
               
                 Iames
                 Mountgomery
              
               tells
               you
               a
               Tale
               ,
               not
               much
               Material
               ;
               nor
               Mr.
               Maxwell
               ,
               nor
               Sir
               
                 Iohn
                 Clotworthy
              
               ;
               there
               is
               nothing
               at
               all
               in
               it
               concerning
               Treason
               .
               Stewarts
               Sentence
               remains
               onely
               to
               be
               Answered
               in
               this
               Article
               ;
               for
               that
               ,
               I
               conceive
               it
               was
               Justly
               and
               Fairly
               given
               ,
               as
               I
               then
               conceived
               .
               I
               was
               one
               of
               the
               rest
               ,
               and
               nothing
               was
               intended
               by
               that
               Decree
               ,
               but
               his
               Reformation
               ;
               and
               ,
               when
               he
               had
               pleased
               to
               have
               taken
               the
               Oath
               ,
               he
               might
               have
               been
               released
               of
               the
               Sentence
               ,
               and
               sent
               home
               again
               quietly
               .
            
             
               The
               next
               is
               the
               20th
               Article
               ;
               Wherein
               I
               am
               Charged
               to
               be
               a
               Provoker
               ,
               and
               Incendiary
               of
               a
               War
               against
               His
               Majesties
               Subjects
               of
               the
               Scotch
               Nation
               ;
               and
               ,
               that
               I
               should
               say
               of
               them
               ,
               
                 They
                 were
                 Rebels
                 and
                 Traitors
              
               :
               and
               ,
               being
               about
               to
               come
               into
               England
               ,
               that
               I
               should
               say
               ,
               
                 I
                 would
                 root
                 out
                 of
                 the
                 Kingdom
                 the
                 Scotish
                 Nation
                 Root
                 and
                 Branch
                 .
              
            
             
               My
               Lords
               ,
               I
               shall
               need
               no
               more
               to
               say
               in
               this
               ,
               for
               my
               being
               an
               Incendiary
               ;
               I
               think
               ,
               by
               the
               Proofe
               ,
               it
               hath
               been
               clearly
               made
               appear
               to
               your
               Lordships
               ,
               that
               I
               gave
               no
               Opinion
               ,
               but
               such
               as
               others
               did
               in
               the
               like
               Case
               .
               It
               is
               proved
               by
               my
               Lord
               Traquair
               ,
               and
               my
               Lord
               Treasurer
               ,
               and
               might
               have
               been
               proved
               by
               many
               more
               ,
               if
               it
               had
               been
               needful
               .
            
             
               For
               the
               Words
               ,
               that
               I
               should
               say
               ,
               
                 The
                 Rooting
                 out
                 the
                 Scots
                 Root
                 and
                 Branch
                 ,
              
               They
               are
               onely
               testify'd
               by
               one
               single
               Witness
               ;
               Salmon
               the
               School-Master
               Swears
               it
               ,
               and
               no
               man
               else
               but
               he
               ;
               and
               ,
               I
               hope
               ,
               my
               Lords
               ,
               that
               when
               your
               Lordships
               do
               call
               to
               mind
               ,
               how
               he
               is
               Crost
               by
               his
               Fellow
               Witness
               
                 Iohn
                 Loftus
              
               ,
               your
               Lordships
               will
               be
               satisfied
               ;
               he
               Swears
               I
               will
               persecute
               them
               to
               the
               Blood
               ,
               and
               Root
               them
               out
               Root
               and
               Branch
               ,
               and
               ,
               I
               cannot
               tell
               what
               :
               But
               ,
               
                 Iohn
                 Loftus
              
               said
               indeed
               ,
               that
               I
               said
               ,
               I
               hope
               that
               such
               of
               the
               Scotish
               Nation
               ,
               as
               would
               not
               submit
               to
               the
               Ecclesiastical
               Government
               ,
               I
               would
               root
               out
               stock
               and
               branch
               :
               a
               wonderful
               difference
               between
               these
               two
               .
               But
               ,
               my
               Lords
               ,
               it
               was
               testified
               by
               Mr.
               Secretary
               Manwaring
               then
               present
               ,
               that
               I
               neither
               spoke
               the
               one
               nor
               the
               other
               ,
               but
               as
               in
               my
               Answer
               I
               did
               truely
               and
               faithfully
               deliver
               it
               ;
               I
               said
               ,
               that
               unless
               they
               would
               take
               that
               Oath
               of
               Allegiance
               ,
               and
               secure
               the
               King
               of
               their
               Allegiance
               in
               that
               point
               ,
               I
               hope
               I
               should
               not
               see
               any
               of
               them
               stay
               in
               that
               Kingdom
               ,
               that
               refused
               it
               :
               and
               ,
               there
               is
               no
               Proofe
               in
               the
               World
               but
               the
               School-Master
               ;
               and
               ,
               I
               hope
               ,
               your
               Lordships
               will
               not
               take
               him
               to
               be
               a
               
               good
               and
               valid
               proof
               to
               convince
               me
               in
               this
               Case
               ,
               being
               a
               person
               of
               no
               greater
               Quality
               ,
               and
               crossed
               by
               his
               fellow
               Witness
               :
               For
               my self
               ,
               I
               do
               absolutely
               say
               ,
               I
               was
               so
               far
               from
               wishing
               ill
               to
               that
               Nation
               ,
               or
               any
               Dissension
               or
               Division
               between
               them
               ,
               that
               I
               never
               desired
               other
               in
               my
               heart
               and
               soul
               ,
               but
               a
               firm
               Peace
               through
               the
               Kings
               Dominions
               :
               My
               Counsels
               tended
               to
               that
               ;
               and
               ,
               if
               I
               might
               seem
               to
               begin
               in
               a
               contrary
               way
               ,
               yet
               the
               last
               resort
               was
               ,
               to
               bring
               all
               to
               quietness
               ,
               and
               so
               ,
               that
               it
               should
               be
               without
               Blood.
               And
               ,
               I
               dare
               say
               ,
               there
               be
               them
               that
               heard
               me
               say
               it
               many
               a
               time
               in
               the
               Kings
               Council
               ,
               That
               the
               King
               should
               be
               in
               nothing
               so
               much
               sparing
               and
               tender
               ,
               as
               to
               draw
               any
               Blood
               in
               that
               Quarrel
               ;
               I
               dare
               say
               ,
               many
               that
               heard
               it
               will
               Justifie
               me
               in
               it
               :
               And
               ,
               if
               your
               Lordships
               will
               give
               me
               leave
               ,
               I
               do
               think
               I
               have
               something
               that
               might
               procure
               your
               Lordships
               beliefe
               that
               it
               was
               so
               ;
               for
               ,
               at
               that
               time
               ,
               my
               Fortune
               (
               though
               now
               by
               Misfortune
               it
               be
               mean
               enough
               )
               was
               such
               ,
               as
               I
               needed
               not
               desire
               to
               shuffle
               the
               Cards
               ,
               and
               deale
               a
               new
               ;
               and
               ,
               especially
               ,
               when
               nothing
               was
               to
               be
               got
               but
               Blows
               :
               and
               ,
               that
               I
               trust
               will
               be
               an
               Argument
               to
               your
               Lordships
               ,
               that
               nothing
               was
               desired
               by
               me
               so
               much
               as
               Peace
               ;
               and
               that
               under
               Gods
               goodness
               ,
               and
               the
               Protection
               and
               Benefit
               of
               His
               Majesties
               Scepter
               ,
               I
               might
               enjoy
               the
               little
               Estate
               my
               Ancestors
               left
               me
               ;
               for
               ,
               it
               is
               certainly
               true
               ,
               whatever
               the
               World
               may
               think
               to
               the
               contrary
               ,
               it
               is
               very
               little
               better
               from
               what
               my
               Father
               left
               me
               ;
               something
               it
               is
               ,
               and
               the
               most
               part
               of
               the
               Improvement
               of
               it
               was
               ,
               before
               I
               came
               to
               serve
               the
               King
               ;
               and
               yet
               I
               have
               had
               more
               from
               the
               King
               then
               I
               deserved
               in
               all
               kinds
               ,
               and
               all
               the
               whole
               service
               of
               my
               Life
               ,
               were
               it
               never
               so
               many
               years
               ,
               could
               not
               Merit
               ,
               nor
               Deserve
               from
               Him
               ,
               the
               Hundred
               part
               of
               what
               I
               had
               from
               His
               Favour
               .
            
             
               My
               Lords
               ,
               Mr.
               Treasurer
               Vane
               sayes
               ,
               I
               was
               in
               the
               Argument
               for
               an
               Offensive
               ,
               and
               he
               for
               a
               Defensive
               War
               ,
               for
               a
               War
               both
               of
               us
               :
               And
               ,
               I
               beseech
               your
               Lordships
               ,
               How
               should
               it
               be
               more
               Treasonable
               for
               me
               ,
               to
               be
               for
               an
               Offensive
               ,
               then
               for
               him
               to
               be
               for
               a
               Defensive
               War
               ?
               for
               a
               War
               there
               must
               be
               ,
               and
               the
               difference
               was
               not
               great
               :
               and
               ,
               for
               a
               Counsellor
               to
               deliver
               his
               Opinion
               ,
               and
               have
               that
               turned
               upon
               him
               as
               Capital
               ,
               to
               sweep
               from
               the
               World
               himself
               and
               his
               Posterity
               ,
               is
               a
               very
               hard
               Case
               ,
               to
               say
               no
               more
               of
               it
               .
            
             
               The
               next
               Article
               is
               the
               21
               th
               ;
               wherein
               I
               am
               Charged
               to
               be
               an
               Enemy
               to
               Parliaments
               ;
               a
               Breaker
               of
               Parliaments
               ;
               and
               did
               ,
               by
               that
               means
               ,
               sow
               ill
               Affections
               betwixt
               the
               King
               and
               His
               People
               .
            
             
               My
               Lords
               ,
               This
               is
               more
               fully
               Charged
               in
               a
               Subsequent
               Article
               then
               this
               ;
               for
               ,
               this
               is
               but
               onely
               for
               breaking
               of
               the
               last
               Parliament
               ,
               that
               I
               should
               advise
               it
               to
               be
               called
               ,
               with
               an
               intent
               to
               break
               it
               ,
               which
               is
               very
               unlikely
               ;
               for
               ,
               that
               nothing
               in
               the
               World
               could
               be
               of
               so
               happy
               effect
               to
               me
               ,
               as
               the
               success
               of
               that
               Meeting
               ;
               and
               yet
               I
               must
               destroy
               ,
               and
               disadvantage
               my self
               in
               that
               ,
               then
               which
               ,
               nothing
               could
               be
               of
               more
               advantage
               then
               the
               success
               of
               that
               Parliament
               .
            
             
               The
               22
               th
               Article
               is
               Answered
               already
               ;
               and
               ,
               the
               23
               th
               likewise
               .
            
             
               In
               the
               24
               th
               Article
               comes
               in
               that
               of
               the
               Parliament
               more
               fully
               ;
               and
               there
               I
               am
               Charged
               Falsly
               ,
               and
               Treacherously
               ,
               and
               Malitiously
               ,
               to
               have
               declared
               before
               His
               Majesties
               Privy-Council
               ,
               That
               the
               Parliament
               of
               
               England
               had
               forsaken
               the
               King
               ,
               and
               given
               Him
               the
               Advantage
               to
               Supply
               Himself
               otherwayes
               ;
               and
               having
               so
               Malitiously
               Slandered
               the
               said
               House
               of
               Commons
               ,
               that
               I
               did
               ,
               with
               the
               Advice
               of
               the
               Archbishop
               of
               Canterbury
               ,
               and
               the
               Lord
               Finch
               ,
               Publish
               a
               False
               and
               Trayterous
               Book
               ,
               called
               ,
               
                 His
                 Majesties
                 Declaration
                 of
                 the
                 Causes
                 of
                 Dissolving
                 the
                 last
                 Parliament
                 ,
              
               &c.
               
               This
               goes
               very
               heavy
               upon
               me
               in
               the
               World
               ,
               that
               I
               should
               be
               a
               breaker
               of
               Parliaments
               ;
               a
               Counsellor
               against
               Parliaments
               .
               My
               Lords
               ,
               there
               is
               nothing
               proved
               of
               it
               ;
               and
               ,
               I
               hope
               I
               shall
               be
               cleared
               by
               your
               Lordships
               ,
               and
               these
               noble
               Gentlemen
               ,
               and
               all
               the
               World
               ,
               that
               I
               had
               no
               such
               thing
               in
               my
               heart
               .
            
             
               For
               the
               Point
               of
               the
               Declaration
               ,
               I
               was
               at
               that
               time
               Sick
               in
               my
               Bed
               ,
               and
               could
               do
               nothing
               in
               it
               ,
               and
               therefore
               I
               trust
               I
               shall
               be
               acquitted
               as
               to
               that
               :
               As
               to
               the
               Breaking
               of
               the
               Parliament
               ,
               or
               any
               ill-will
               to
               Parliaments
               ,
               I
               have
               ever
               honour'd
               them
               ;
               and
               ,
               far
               be
               it
               from
               me
               to
               wish
               ,
               that
               they
               may
               not
               be
               frequent
               ,
               for
               the
               good
               of
               the
               King
               and
               Kingdom
               ;
               but
               ,
               as
               oft
               as
               you
               shall
               have
               it
               urged
               ,
               and
               prest
               against
               me
               ,
               that
               I
               should
               be
               an
               endeavourer
               to
               Subvert
               the
               Fundamental
               Laws
               of
               the
               Land
               in
               this
               kind
               ,
               I
               beseech
               your
               Lordships
               ,
               call
               to
               mind
               what
               hath
               been
               proved
               ,
               that
               at
               all
               Publick
               Debates
               ,
               at
               Council
               ,
               and
               Privately
               apart
               ,
               I
               have
               humbly
               represented
               to
               His
               Majesty
               ,
               from
               time
               to
               time
               ,
               that
               Parliaments
               are
               the
               Onely
               Way
               to
               Settle
               Himself
               in
               Quietness
               in
               the
               Kingdom
               ,
               and
               to
               acquire
               Prosperity
               and
               Happiness
               to
               Himself
               and
               His
               People
               :
               And
               ,
               when
               you
               shall
               hear
               them
               press
               upon
               me
               ,
               that
               I
               have
               endeavoured
               to
               Subvert
               the
               Fundamental
               Lawes
               of
               the
               Land
               ,
               I
               beseech
               your
               Lordships
               to
               call
               to
               mind
               ,
               how
               frequently
               and
               servently
               I
               have
               advised
               the
               King
               ,
               to
               call
               for
               Parliaments
               ,
               which
               ,
               under
               God
               ,
               is
               the
               great
               Protection
               ,
               and
               Defence
               of
               the
               Fundamental
               Lawes
               of
               the
               Kingdom
               .
            
             
               To
               the
               25th
               I
               have
               Answered
               already
               ,
               and
               to
               the
               26th
               likewise
               .
            
             
               The
               next
               is
               the
               27th
               ;
               and
               ,
               for
               that
               ,
               I
               can
               say
               no
               more
               ,
               then
               that
               your
               Lordships
               have
               heard
               the
               Proofes
               for
               the
               Levying
               of
               Money
               ;
               it
               hath
               been
               cleared
               to
               your
               Lordships
               ,
               that
               nothing
               was
               done
               by
               me
               ,
               but
               by
               Consent
               of
               the
               Country
               ,
               with
               their
               Unanimous
               good
               liking
               ,
               and
               for
               their
               benefit
               and
               advantage
               :
               Being
               done
               so
               ,
               and
               for
               so
               good
               ends
               ,
               as
               I
               trust
               that
               shall
               not
               be
               enforced
               against
               me
               ;
               and
               ,
               it
               is
               very
               strange
               to
               me
               why
               it
               should
               be
               expected
               ,
               that
               if
               two
               Armies
               be
               in
               the
               Field
               ,
               one
               against
               the
               other
               (
               as
               there
               was
               at
               York
               )
               that
               they
               should
               be
               Govern'd
               with
               as
               much
               quietness
               ,
               as
               an
               Atturney
               walking
               with
               his
               Writs
               at
               his
               Girdle
               ,
               betwixt
               the
               Kings
               Bench
               and
               the
               Common-Pleas
               .
            
             
               For
               ,
               Armies
               cannot
               be
               Govern'd
               without
               some
               Latitude
               in
               this
               kind
               :
               
                 Inter
                 arma
                 Silent
                 Leges
              
               :
               rightly
               applyed
               ,
               there
               is
               truth
               in
               that
               .
               But
               ,
               I
               did
               nothing
               in
               the
               Business
               ,
               I
               did
               nothing
               by
               Compulsion
               ,
               but
               by
               the
               voluntary
               liking
               of
               the
               Parties
               themselves
               :
               and
               therefore
               ,
               I
               conceive
               ,
               that
               shall
               not
               be
               Charged
               upon
               me
               as
               Treason
               .
            
             
               There
               remains
               now
               the
               28th
               Article
               ;
               and
               ,
               that
               is
               the
               onely
               Bloody
               Article
               ,
               if
               it
               had
               been
               ,
               or
               could
               be
               made
               good
               ,
               that
               is
               in
               the
               whole
               Charge
               ;
               for
               ,
               there
               I
               am
               Charged
               ,
               out
               of
               ill
               and
               wicked
               purposes
               (
               and
               ,
               indeed
               ,
               What
               can
               be
               worse
               than
               Treason
               )
               to
               have
               Betrayed
               Newcastle
               
               into
               the
               power
               of
               the
               Scotch
               Army
               ;
               and
               likewise
               ,
               to
               have
               betrayed
               the
               Kings
               Army
               at
               Newburn
               ,
               to
               a
               dishonourable
               Retreat
               .
            
             
               My
               Lords
               ,
               if
               either
               of
               these
               had
               been
               true
               ,
               I
               should
               have
               saved
               your
               Lordships
               the
               labour
               .
               I
               would
               have
               given
               Judgment
               against
               my self
               ,
               that
               had
               been
               certain
               :
               But
               ,
               my
               Lords
               ,
               never
               was
               any
               Man
               more
               Innocent
               ,
               therefore
               they
               may
               very
               well
               wave
               it
               .
            
             
               Have
               I
               been
               all
               this
               while
               Charged
               as
               an
               Incendiary
               ?
               and
               ,
               Am
               I
               now
               come
               in
               the
               Conclusion
               to
               be
               charged
               as
               a
               Confederate
               ?
               it
               is
               wonderful
               strange
               !
               certainly
               your
               Articles
               fight
               one
               against
               another
               in
               this
               ;
               for
               ,
               How
               can
               I
               be
               an
               Incendiary
               in
               one
               part
               ,
               and
               a
               Conspirator
               with
               them
               that
               Charged
               me
               ,
               to
               be
               an
               Incendiary
               in
               the
               other
               part
               ?
            
             
               In
               good
               Faith
               ,
               I
               have
               not
               been
               very
               kindly
               dealt
               withal
               by
               my
               Confederates
               ,
               if
               they
               be
               Confederates
               ,
               to
               Charge
               me
               as
               an
               Incendiary
               ,
               that
               did
               them
               that
               Service
               and
               Help
               ,
               as
               to
               deliver
               into
               their
               hands
               a
               Town
               of
               such
               Consequence
               as
               that
               is
               .
            
             
               No
               ,
               my
               Lords
               ,
               I
               wish
               all
               happiness
               to
               the
               Nation
               ;
               but
               ,
               I
               can
               never
               wish
               so
               to
               it
               ,
               as
               that
               they
               should
               take
               one
               of
               the
               Kings
               Towns
               in
               England
               ,
               if
               I
               could
               have
               helped
               it
               .
               My
               Lords
               ,
               it
               was
               lost
               before
               I
               had
               the
               Charge
               of
               the
               Army
               ,
               I
               had
               nothing
               to
               do
               in
               the
               business
               ,
               nor
               am
               I
               to
               give
               any
               Accompt
               of
               it
               ,
               nor
               is
               any
               thing
               proved
               .
            
             
               And
               ,
               as
               to
               the
               Defeate
               at
               Newburn
               ,
               you
               yet
               fight
               one
               Article
               with
               another
               ,
               methinks
               in
               that
               too
               ;
               for
               ,
               I
               am
               charged
               to
               be
               the
               Man
               ,
               that
               delivered
               up
               Newcastle
               ,
               and
               yet
               ,
               all
               the
               World
               knows
               ,
               that
               nothing
               could
               save
               it
               from
               being
               lost
               ,
               but
               the
               taking
               away
               from
               the
               Scots
               the
               Passages
               at
               that
               time
               :
               So
               ,
               that
               I
               should
               use
               all
               means
               to
               prevent
               Men
               from
               doing
               that
               ,
               which
               I
               meant
               to
               do
               for
               them
               ,
               is
               very
               strange
               to
               me
               .
               Here
               is
               no
               Probability
               ,
               and
               certainly
               little
               truth
               in
               the
               whole
               business
               ,
               as
               concerning
               my
               Confederating
               with
               the
               Scots
               ,
               either
               for
               the
               one
               or
               the
               other
               .
            
             
               And
               so
               ,
               my
               Lords
               ,
               I
               am
               come
               to
               the
               end
               of
               these
               28
               Articles
               ,
               that
               were
               for
               my
               further
               Impeachment
               ;
               I
               have
               gone
               over
               them
               all
               :
               and
               ,
               out
               of
               these
               now
               there
               remains
               ,
               that
               other
               Second
               Treason
               ,
               that
               I
               should
               be
               guilty
               of
               endeavouring
               ,
               to
               Subvert
               the
               Fundamental
               Lawes
               of
               the
               Land
               ,
               in
               the
               first
               of
               those
               Seven
               Articles
               .
            
             
               My
               Lords
               ,
               That
               those
               should
               now
               be
               Treason
               together
               ,
               that
               are
               not
               Treason
               in
               any
               one
               part
               ,
               and
               Accumulatively
               to
               come
               upon
               me
               in
               that
               kind
               ;
               and
               ,
               where
               one
               will
               not
               do
               it
               of
               it self
               ,
               yet
               woven
               up
               with
               others
               ,
               it
               shall
               do
               it
               ;
               Under
               favour
               ,
               my
               Lords
               ,
               I
               do
               not
               conceive
               ,
               that
               there
               is
               either
               Statute-Law
               ,
               or
               Common-Law
               ,
               that
               hath
               declared
               this
               ,
               endeavouring
               to
               Subvert
               the
               Fundamental
               Lawes
               ,
               to
               be
               High
               Treason
               .
            
             
               I
               say
               ,
               neither
               Statute-Law
               ,
               nor
               Common-Law
               Written
               ,
               that
               I
               could
               hear
               of
               ;
               and
               ,
               I
               have
               been
               as
               diligent
               to
               enquire
               of
               it
               as
               I
               could
               be
               :
               And
               ,
               your
               Lordships
               will
               believe
               I
               had
               reason
               so
               to
               do
               .
               And
               ,
               sure
               it
               is
               a
               very
               hard
               thing
               ,
               I
               should
               here
               be
               question'd
               for
               my
               Life
               and
               Honor
               ,
               upon
               a
               Law
               that
               is
               not
               Extant
               ,
               that
               Cannot
               be
               Shewed
               .
               There
               is
               a
               Rule
               that
               I
               have
               read
               out
               of
               my
               Lord
               
                 Cook
                 ,
                 Non
                 apparentibus
                 &
                 non
                 existentibus
                 eadem
                 est
                 Ratio
                 .
              
            
             
             
               Iesu
               !
               My
               Lords
               ,
               Where
               hath
               this
               Fire
               lay'n
               all
               this
               while
               ,
               so
               many
               hundred
               years
               together
               ,
               that
               no
               Smoak
               should
               appear
               till
               it
               burst
               out
               now
               ,
               to
               consume
               me
               and
               my
               Children
               ?
               Hard
               it
               is
               ,
               and
               extream
               hard
               ,
               in
               my
               Opinion
               ,
               that
               a
               Punishment
               should
               Precede
               the
               Promulgation
               of
               a
               Law
               ;
               that
               I
               should
               be
               Punished
               by
               a
               Law
               Subsequent
               to
               the
               Act
               done
               .
               I
               most
               humbly
               beseech
               your
               Lordships
               ,
               take
               that
               into
               Consideration
               ;
               for
               ,
               certainly
               it
               were
               better
               a
               great
               deale
               to
               live
               under
               no
               Law
               ,
               but
               the
               Will
               of
               Man
               ,
               and
               Conform
               our selves
               in
               Humane
               Wisdom
               ,
               as
               well
               as
               we
               could
               ;
               and
               ,
               to
               Comply
               with
               that
               Will
               ,
               then
               to
               live
               under
               the
               Protection
               of
               a
               Law
               ,
               as
               we
               think
               ,
               and
               then
               a
               Law
               should
               be
               made
               to
               punish
               us
               ,
               for
               a
               Crime
               precedent
               to
               the
               Law
               :
               then
               I
               conceive
               no
               Man
               living
               could
               be
               safe
               ,
               if
               that
               should
               be
               admitted
               .
            
             
               My
               Lords
               ,
               it
               is
               hard
               in
               another
               respect
               ,
               that
               there
               should
               be
               no
               Tokens
               set
               upon
               this
               Offence
               ,
               by
               which
               we
               may
               know
               it
               ;
               no
               manner
               of
               Token
               given
               ;
               no
               Admonition
               by
               which
               we
               might
               be
               aware
               of
               it
               .
               If
               I
               pass
               down
               the
               Thames
               in
               a
               Boat
               ,
               and
               run
               and
               Split
               my self
               upon
               an
               Anchor
               ,
               if
               there
               be
               not
               a
               Buoy
               to
               give
               me
               warning
               ,
               the
               Party
               shall
               give
               me
               Damages
               ;
               but
               ,
               if
               it
               be
               Marked
               out
               ,
               then
               it
               is
               at
               my
               own
               peril
               .
               Now
               ,
               my
               Lords
               ,
               Where
               is
               the
               Mark
               set
               upon
               this
               Crime
               ?
               Where
               is
               the
               Token
               by
               which
               I
               should
               discover
               ?
               if
               it
               be
               not
               Marked
               ,
               if
               it
               lie
               under-Water
               ,
               and
               not
               above
               ,
               there
               is
               no
               Humane
               Providence
               can
               prevent
               the
               Destruction
               of
               a
               Man
               Presently
               and
               Instantly
               .
               Let
               us
               then
               lay
               aside
               all
               that
               is
               Humane
               Wisdom
               ,
               let
               us
               rely
               onely
               upon
               Divine
               Revelation
               ;
               for
               ,
               certainly
               ,
               nothing
               else
               can
               preserve
               us
               ,
               if
               you
               will
               Condemn
               us
               before
               you
               tell
               us
               where
               the
               Fault
               is
               ,
               that
               we
               may
               avoid
               it
               .
            
             
               My
               Lords
               ,
               may
               your
               Lordships
               be
               pleased
               to
               have
               that
               regard
               to
               the
               Peerage
               of
               England
               ,
               as
               never
               to
               suffer
               your selves
               to
               be
               put
               upon
               those
               Moot-points
               ,
               upon
               such
               Constructions
               ,
               and
               Interpretations
               ,
               and
               Strictness
               of
               Law
               ,
               as
               these
               are
               ,
               when
               the
               Law
               is
               not
               clear
               nor
               known
               :
               If
               there
               must
               be
               a
               Tryal
               of
               Wits
               ,
               I
               do
               most
               humbly
               beseech
               your
               Lordships
               to
               consider
               ,
               that
               the
               Subject
               may
               be
               of
               something
               else
               ,
               then
               of
               your
               Lives
               and
               your
               Honors
               .
            
             
               My
               Lords
               ,
               We
               find
               ,
               that
               in
               the
               Primitive
               time
               ,
               on
               the
               Sound
               and
               Plain
               Doctrine
               of
               the
               blessed
               Apostles
               ,
               they
               brought
               in
               their
               Books
               of
               Curious
               Art
               ,
               and
               burnt
               them
               .
            
             
               My
               Lords
               ,
               it
               will
               be
               likewise
               ,
               under
               favour
               (
               as
               I
               humbly
               conceive
               )
               Wisdom
               and
               Providence
               in
               your
               Lordships
               ,
               for
               your selves
               and
               posterities
               ,
               for
               the
               whole
               Kingdom
               ,
               to
               cast
               from
               you
               into
               the
               Fire
               ,
               those
               Bloody
               and
               Misterious
               Volumes
               ,
               of
               Constructive
               and
               Arbitrary
               Treasons
               ,
               and
               to
               betake
               your selves
               to
               the
               Plain
               Letter
               of
               the
               Statute
               ,
               that
               tells
               you
               where
               the
               Crime
               is
               ,
               that
               so
               you
               may
               avoid
               it
               ;
               and
               let
               us
               not
               ,
               my
               Lords
               ,
               be
               ambitious
               to
               be
               more
               Learned
               in
               those
               Killing
               Arts
               ,
               then
               our
               Fore-fathers
               were
               before
               us
               .
            
             
               My
               Lords
               ,
               It
               is
               now
               full
               Two
               hundred
               and
               forty
               years
               since
               any
               Man
               ever
               was
               Touch'd
               ,
               to
               this
               Height
               ,
               upon
               this
               Crime
               ,
               before
               my self
               ;
               We
               have
               lived
               ,
               my
               Lords
               ,
               happily
               to
               our selves
               at
               Home
               ,
               we
               have
               lived
               Gloriously
               Abroad
               to
               the
               World
               ;
               let
               us
               be
               content
               with
               that
               
               which
               our
               Fathers
               left
               us
               ,
               and
               let
               us
               not
               awake
               those
               Sleepy
               Lyons
               to
               our
               own
               Destruction
               ,
               by
               Ratling
               up
               of
               a
               Company
               of
               Records
               ,
               that
               have
               lay'n
               for
               so
               many
               Ages
               by
               the
               Wall
               ,
               Forgotten
               ,
               or
               Neglected
               .
            
             
               My
               Lords
               ,
               There
               is
               this
               that
               troubles
               me
               extreamly
               ,
               least
               it
               should
               be
               my
               Misfortune
               to
               all
               the
               rest
               (
               for
               my
               other
               Sins
               ,
               not
               for
               my
               Treasons
               )
               that
               my
               Precedent
               should
               be
               of
               that
               Disadvantage
               (
               as
               this
               will
               be
               ,
               I
               fear
               ,
               in
               the
               Consequence
               of
               it
               )
               upon
               the
               Whole
               KINGDOM
               .
            
             
               My
               Lords
               ,
               I
               beseech
               you
               therefore
               ,
               that
               you
               will
               be
               pleased
               seriously
               to
               consider
               it
               ,
               and
               let
               my
               particular
               Case
               be
               so
               looked
               upon
               ,
               as
               that
               you
               do
               not
               ,
               through
               me
               ,
               Wound
               the
               Interest
               of
               the
               Common-Wealth
               :
               For
               ,
               howsoever
               those
               Gentlemen
               at
               the
               Bar
               say
               ,
               They
               Speak
               for
               the
               Common-Wealth
               ,
               and
               they
               believe
               so
               ;
               yet
               ,
               under
               favour
               ,
               in
               this
               particular
               ,
               I
               believe
               I
               Speak
               for
               the
               Common-Wealth
               too
               ;
               and
               ,
               that
               the
               Inconveniencies
               and
               Miseries
               that
               will
               follow
               upon
               this
               ,
               will
               be
               such
               ,
               as
               it
               will
               come
               ,
               within
               a
               few
               years
               ,
               to
               that
               which
               is
               exprest
               in
               the
               Statute
               of
               
                 Henry
                 the
                 Fourth
              
               ,
               it
               will
               be
               of
               such
               a
               Condition
               ,
               that
               no
               Man
               shall
               know
               what
               to
               do
               ,
               or
               what
               to
               say
               .
            
             
               Do
               not
               ,
               my
               Lords
               ,
               put
               greater
               Difficulty
               upon
               the
               Ministers
               of
               State
               ,
               then
               that
               with
               Chearfulness
               they
               may
               Serve
               the
               King
               and
               the
               State
               ;
               for
               ,
               if
               you
               will
               Examine
               them
               by
               every
               Grain
               ,
               or
               every
               little
               Weight
               ,
               it
               will
               be
               so
               heavy
               ,
               that
               the
               publick
               Affaires
               of
               the
               Kingdom
               will
               be
               left
               waste
               ,
               and
               no
               man
               will
               meddle
               with
               them
               ,
               that
               hath
               Wisdom
               ,
               and
               Honor
               ,
               and
               Fortune
               to
               lose
               .
            
             
               My
               Lords
               ,
               I
               have
               now
               troubled
               your
               Lordships
               a
               great
               deal
               longer
               ,
               then
               I
               should
               have
               done
               ;
               were
               it
               not
               for
               the
               Interest
               of
               those
               PLEDGES
               ,
               that
               a
               Saint
               in
               Heaven
               left
               me
               ,
               I
               would
               be
               loth
               ,
               my
               Lords
               —
               (
               here
               his
               Weeping
               stopt
               him
               )
               what
               I
               forfeit
               for
               my self
               it
               is
               nothing
               ;
               but
               ,
               I
               confess
               ,
               that
               my
               Indiscretion
               should
               Forfeit
               for
               them
               ,
               it
               wounds
               me
               very
               deeply
               .
               You
               will
               be
               pleased
               to
               pardon
               my
               Infirmity
               ;
               something
               I
               should
               have
               said
               ;
               but
               ,
               I
               see
               I
               shall
               not
               be
               able
               ,
               and
               therefore
               I
               will
               leave
               it
               .
            
             
               And
               now
               ,
               my
               Lords
               ,
               for
               my Self
               ,
               I
               thank
               God
               I
               have
               been
               ,
               by
               his
               Good
               Blessing
               towards
               me
               ,
               taught
               ,
               
                 That
                 the
                 Afflictions
                 of
                 this
                 present
                 Life
                 ,
                 are
                 not
                 to
                 be
                 compared
                 with
                 that
                 Eternal
                 .
                 Weight
                 of
                 Glory
                 ,
                 that
                 shall
                 be
                 Revealed
                 for
                 us
                 hereafter
                 :
              
               And
               so
               ,
               my
               Lords
               ,
               even
               so
               ,
               with
               all
               Humility
               ,
               and
               with
               all
               Tranquility
               of
               Mind
               ,
               I
               do
               submit
               my self
               clearly
               and
               freely
               to
               your
               Judgments
               ;
               and
               ,
               whether
               that
               Righteous
               Judgment
               shall
               be
               to
               Life
               ,
               or
               to
               Death
               ,
            
             
               Te
               Deum
               Laudamus
               ,
               Te
               Dominum
               Confitemur
               .
            
          
           
             
             
               THE
               SPEECH
               OR
               DECLARATION
               Of
               John
               Pym
               ,
               Esq
            
             
               
                 MY
                 LORDS
                 ,
              
            
             
               MAny
               dayes
               have
               been
               spent
               ,
               in
               maintenance
               of
               the
               impeachment
               of
               the
               Earl
               of
               Strafford
               ,
               by
               the
               House
               of
               Commons
               ,
               whereby
               he
               stands
               charged
               with
               High
               Treason
               ;
               and
               your
               Lordships
               have
               heard
               his
               Defence
               with
               patience
               ,
               and
               with
               as
               much
               Favour
               as
               Justice
               would
               allow
               .
               We
               have
               passed
               through
               our
               Evidence
               ,
               and
               the
               result
               of
               all
               this
               is
               ,
               that
               it
               remains
               clearly
               proved
               ,
               That
               the
               Earl
               of
               Strafford
               hath
               endeavoured
               by
               his
               Words
               ,
               Actions
               ,
               and
               Counsels
               ,
               to
               subvert
               the
               Fundamental
               Laws
               of
               England
               and
               Ireland
               ,
               and
               to
               introduce
               an
               Arbitrary
               and
               Tyrannical
               Government
               .
            
             
               This
               is
               the
               envenomed
               Arrow
               for
               which
               he
               inquired
               ,
               in
               the
               beginning
               of
               his
               replication
               this
               day
               ,
               which
               hath
               infected
               all
               his
               Blood
               ;
               This
               is
               that
               intoxicating
               Cup
               ,
               (
               to
               use
               his
               own
               Metaphor
               )
               which
               hath
               tainted
               his
               Judgement
               ,
               and
               poisoned
               his
               Heart
               :
               from
               hence
               was
               infused
               that
               specifical
               difference
               ,
               which
               turned
               his
               Speeches
               ,
               his
               Actions
               ,
               his
               Counsels
               ,
               into
               Treason
               ;
               not
               cumulativè
               ,
               as
               he
               exprest
               it
               ,
               as
               if
               many
               misdemeanors
               could
               make
               one
               Treason
               ;
               but
               formally
               and
               essentially
               .
               It
               is
               the
               end
               that
               doth
               inform
               Actions
               ,
               and
               doth
               specificate
               the
               nature
               of
               them
               ,
               making
               not
               only
               criminal
               ,
               but
               even
               indifferent
               Words
               and
               Actions
               to
               be
               Treason
               ,
               being
               done
               and
               spoken
               with
               a
               Treasonable
               intention
               .
            
             
               That
               which
               is
               given
               to
               me
               in
               charge
               ,
               is
               to
               shew
               the
               quality
               of
               the
               offence
               ,
               how
               hainous
               it
               is
               in
               the
               nature
               ,
               how
               mischievous
               in
               the
               effect
               of
               it
               ,
               which
               will
               best
               appear
               ,
               if
               it
               be
               examined
               by
               that
               Law
               ,
               to
               which
               he
               himself
               appealed
               ,
               that
               Universal
               ,
               that
               Supream
               Law
               ,
               
                 Salus
                 populi
              
               :
               This
               is
               the
               Element
               of
               all
               Laws
               ,
               out
               of
               which
               they
               are
               derived
               ,
               the
               end
               of
               all
               Laws
               ,
               to
               which
               they
               are
               designed
               ,
               and
               in
               which
               they
               are
               perfected
               ;
               How
               far
               it
               stands
               in
               opposition
               to
               this
               Law
               ,
               I
               shall
               endavour
               to
               shew
               in
               some
               considerations
               ,
               which
               I
               shall
               present
               to
               your
               Lordships
               ,
               all
               arising
               out
               of
               the
               evidence
               which
               hath
               been
               opened
               .
            
             
             
               The
               First
               is
               this
               ,
               It
               is
               an
               offence
               comprehending
               all
               other
               offences
               ;
               here
               you
               shall
               find
               several
               Treasons
               ,
               Murthers
               ,
               Rapines
               ,
               Oppressions
               ,
               Perjuries
               .
            
             
               The
               Earth
               hath
               a
               Seminary
               Virtue
               ,
               whereby
               it
               doth
               produce
               all
               Herbs
               and
               Plants
               ,
               and
               other
               vegitables
               :
               There
               is
               in
               this
               Crime
               a
               Seminary
               of
               all
               evils
               hurtful
               to
               a
               State
               ;
               and
               if
               you
               consider
               the
               reasons
               of
               it
               ,
               it
               must
               needs
               be
               so
               :
               the
               Law
               is
               that
               which
               puts
               a
               difference
               betwixt
               good
               and
               evil
               ,
               betwixt
               just
               and
               unjust
               ;
               if
               you
               take
               away
               the
               Law
               ,
               all
               things
               will
               fall
               into
               a
               confusion
               ,
               every
               man
               will
               become
               a
               Law
               to
               himself
               ,
               which
               in
               the
               depraved
               condition
               of
               humane
               nature
               ,
               must
               needs
               produce
               many
               great
               enormities
               ,
               Lust
               will
               become
               a
               Law
               ,
               and
               Envy
               will
               become
               a
               Law
               ,
               Covetousness
               and
               Ambition
               will
               become
               Laws
               ;
               and
               what
               dictates
               ,
               what
               decisions
               such
               Laws
               will
               produce
               ,
               may
               easily
               be
               discerned
               in
               the
               late
               Government
               of
               Ireland
               :
               The
               Law
               hath
               a
               power
               to
               prevent
               ,
               to
               restrain
               ,
               to
               repair
               evils
               ;
               without
               this
               ,
               all
               kind
               of
               mischief
               and
               distempers
               will
               break
               in
               upon
               a
               State.
               
            
             
               It
               is
               the
               Law
               that
               doth
               entitle
               the
               King
               ,
               to
               the
               Allegiance
               and
               Service
               of
               his
               People
               ;
               it
               entitles
               the
               People
               to
               the
               Protection
               and
               Justice
               of
               the
               King.
               It
               is
               God
               alone
               who
               subsists
               by
               himself
               ,
               all
               other
               things
               subsist
               in
               a
               mutual
               dependence
               ,
               and
               relation
               .
               He
               was
               a
               wise
               man
               that
               said
               ,
               that
               the
               King
               subsisted
               by
               the
               field
               that
               is
               tilled
               :
               it
               is
               the
               labour
               of
               the
               people
               that
               supports
               the
               Crown
               :
               If
               you
               take
               away
               the
               protection
               of
               the
               King
               ,
               the
               vigor
               and
               cheerfulness
               of
               Allegiance
               will
               be
               taken
               away
               ,
               though
               the
               obligation
               remain
               .
            
             
               The
               Law
               is
               the
               boundary
               ,
               the
               measure
               betwixt
               the
               Kings
               Prerogative
               ,
               and
               the
               Peoples
               Liberty
               ;
               whilst
               these
               move
               in
               their
               own
               Orbs
               ,
               they
               are
               a
               support
               and
               a
               security
               to
               one
               another
               ;
               the
               Prerogative
               a
               cover
               and
               defence
               to
               the
               Liberty
               of
               the
               People
               ,
               and
               the
               people
               by
               their
               Liberty
               are
               enabled
               to
               be
               a
               foundation
               to
               the
               Prerogative
               ,
               but
               if
               these
               bounds
               be
               so
               removed
               ,
               that
               they
               enter
               into
               contestation
               and
               conflict
               ,
               one
               of
               these
               mischiefs
               must
               ensue
               :
               If
               the
               Prerogative
               of
               the
               King
               overwhelme
               the
               Liberty
               of
               the
               People
               ,
               it
               will
               be
               turned
               into
               Tyranny
               ;
               if
               Liberty
               undermine
               the
               Prerogative
               ,
               it
               will
               grow
               into
               Anarchy
               .
            
             
               The
               Law
               is
               the
               safeguard
               ,
               the
               custody
               of
               all
               private
               Interest
               ,
               your
               Honors
               ,
               your
               Lives
               ,
               your
               Liberties
               and
               Estates
               ,
               are
               all
               in
               the
               keeping
               of
               the
               Law
               ;
               without
               this
               ,
               every
               man
               hath
               a
               like
               right
               to
               any
               thing
               ,
               and
               this
               is
               the
               condition
               into
               which
               the
               Irish
               were
               brought
               by
               the
               Earl
               of
               Strafford
               :
               And
               the
               reason
               which
               he
               gave
               for
               it
               ,
               hath
               more
               mischief
               in
               it
               ,
               than
               the
               thing
               it self
               ,
               
                 they
                 were
                 a
                 conquered
                 Nation
              
               .
               There
               cannot
               be
               a
               word
               more
               pregnant
               and
               fruitful
               in
               Treason
               ,
               than
               that
               word
               is
               .
               There
               are
               few
               Nations
               in
               the
               world
               ,
               that
               have
               not
               been
               conquered
               ,
               and
               no
               doubt
               but
               the
               Conqueror
               may
               give
               what
               Laws
               he
               pleases
               to
               those
               that
               are
               conquered
               :
               but
               if
               the
               succeeding
               pacts
               ,
               and
               agreements
               ,
               do
               not
               limit
               and
               restrain
               that
               Right
               ,
               What
               People
               can
               be
               secure
               ?
               England
               hath
               been
               conconquered
               ,
               and
               Wales
               hath
               been
               conquered
               ,
               and
               by
               this
               reason
               ,
               will
               be
               in
               little
               better
               case
               than
               Ireland
               :
               if
               the
               King
               ,
               by
               the
               right
               of
               a
               Conqueror
               ,
               gives
               Laws
               to
               his
               People
               ;
               shall
               not
               the
               People
               by
               the
               same
               reason
               ,
               be
               restored
               to
               the
               right
               of
               th
               e
               Conquered
               ,
               to
               recover
               their
               Liberty
               if
               
               they
               can
               ?
               What
               can
               be
               more
               hurtful
               ,
               more
               pernicious
               to
               both
               ,
               than
               such
               propositions
               as
               these
               ?
               And
               in
               these
               particulars
               is
               determined
               the
               first
               Consideration
               .
            
             
               The
               Second
               Consideration
               is
               this
               ;
               This
               Arbitrary
               Power
               is
               dangerous
               to
               the
               Kings
               Person
               ,
               and
               dangerous
               to
               his
               Crown
               :
               it
               is
               apt
               to
               cherish
               Ambition
               ,
               Usurpation
               ,
               and
               Oppression
               in
               great
               Men
               ,
               and
               to
               beget
               Sedition
               and
               Discontent
               in
               the
               People
               ;
               and
               both
               these
               have
               been
               ,
               and
               in
               reason
               must
               ever
               be
               ,
               causes
               of
               great
               trouble
               and
               alteration
               to
               Princes
               and
               States
               .
            
             
               If
               the
               Histories
               of
               those
               Eastern
               Countreys
               be
               perused
               ,
               where
               Princes
               order
               their
               affairs
               according
               to
               the
               mischievous
               Principles
               of
               the
               Earl
               of
               Strafford
               ,
               loose
               and
               observed
               from
               all
               rules
               of
               Government
               ,
               they
               will
               be
               found
               to
               be
               frequent
               in
               Combustions
               ,
               full
               of
               Massacres
               ,
               and
               of
               the
               tragical
               ends
               of
               Princes
               .
               If
               any
               man
               shall
               look
               into
               our
               own
               stories
               ,
               in
               the
               times
               when
               the
               Laws
               were
               most
               neglected
               ,
               he
               shall
               find
               them
               full
               of
               commotions
               ,
               of
               civil
               distempers
               ;
               whereby
               the
               Kings
               that
               then
               Reigned
               ,
               were
               always
               kept
               in
               want
               and
               distress
               ;
               the
               People
               consumed
               with
               Civil
               Wars
               ;
               and
               by
               such
               wicked
               Counsels
               as
               these
               ,
               some
               of
               our
               Princes
               have
               been
               brought
               to
               such
               miserable
               ends
               ,
               as
               no
               honest
               heart
               can
               remember
               ,
               without
               horror
               and
               earnest
               Prayer
               ,
               that
               it
               may
               never
               be
               so
               again
               .
            
             
               The
               Third
               Consideration
               is
               this
               ,
               The
               Subversion
               of
               the
               Laws
               ;
               and
               this
               Arbitrary
               Power
               ,
               as
               it
               is
               dangerous
               to
               the
               Kings
               Person
               ,
               and
               to
               his
               Crown
               ,
               so
               is
               it
               in
               other
               respects
               ,
               very
               prejudicial
               to
               His
               Majesty
               in
               His
               Honor
               ,
               Profit
               ,
               and
               Greatness
               ;
               and
               yet
               these
               are
               the
               Gildings
               and
               Paintings
               that
               are
               put
               upon
               such
               Counsels
               ;
               These
               are
               for
               your
               Honor
               ,
               for
               your
               Service
               ;
               whereas
               in
               truth
               they
               are
               contrary
               to
               both
               :
               But
               if
               I
               shall
               take
               off
               this
               varnish
               ,
               I
               hope
               they
               shall
               then
               appear
               in
               their
               own
               Native
               deformity
               ;
               and
               therefore
               I
               desire
               to
               consider
               them
               by
               these
               Rules
               .
            
             
               It
               cannot
               be
               for
               the
               Honor
               of
               the
               King
               ,
               that
               His
               Sacred
               Authority
               should
               be
               used
               in
               the
               practise
               of
               Injustice
               and
               Opprssion
               ;
               That
               His
               Name
               should
               be
               applyed
               to
               patronize
               such
               horrid
               crimes
               ,
               as
               have
               been
               represented
               in
               Evidence
               against
               the
               Earl
               of
               Strafford
               ;
               and
               yet
               how
               frequently
               ,
               how
               presumptuously
               his
               Commands
               ,
               his
               Letters
               ,
               have
               been
               vouched
               throughout
               the
               course
               of
               this
               Defence
               ?
               Your
               Lordships
               have
               heard
               ,
               when
               the
               Judges
               do
               Justice
               ,
               it
               is
               the
               Kings
               Justice
               ,
               and
               this
               is
               for
               His
               Honor
               ,
               because
               He
               is
               the
               fountain
               of
               Justice
               :
               But
               when
               they
               do
               Injustice
               ,
               the
               offence
               is
               their
               own
               ;
               but
               those
               Officers
               and
               Ministers
               of
               the
               King
               ,
               who
               are
               most
               officious
               in
               the
               exercise
               of
               this
               Arbitrary
               Power
               ,
               they
               do
               it
               commonly
               for
               their
               advantages
               ,
               and
               when
               they
               are
               questioned
               for
               it
               ,
               then
               they
               fly
               to
               the
               Kings
               Interest
               ,
               to
               His
               Direction
               :
               And
               truly
               my
               Lords
               ,
               this
               is
               a
               very
               unequal
               distribution
               for
               the
               King
               ,
               that
               the
               dishonor
               of
               evil
               courses
               should
               be
               cast
               upon
               him
               ,
               and
               they
               to
               have
               the
               advantage
               .
            
             
               The
               prejudice
               which
               it
               brings
               to
               him
               in
               regard
               of
               his
               profit
               ,
               is
               no
               less
               apparent
               ,
               it
               deprives
               him
               of
               the
               most
               beneficial
               ,
               and
               most
               certain
               Revenue
               of
               his
               Crown
               ,
               that
               is
               ,
               The
               voluntary
               Aids
               and
               Supplies
               of
               His
               People
               ;
               His
               other
               Revenues
               ,
               consisting
               of
               goodly
               Demeans
               ,
               and
               great
               Mannors
               ,
               have
               by
               Grants
               been
               alienated
               from
               the
               Crown
               ,
               and
               are
               now
               exceedingly
               diminished
               and
               impaired
               :
               But
               this
               Revenue
               ,
               it
               cannot
               be
               sold
               ,
               it
               cannot
               be
               burdened
               with
               any
               Pensions
               or
               Annuities
               ,
               but
               comes
               intirely
               
               to
               the
               Crown
               .
               It
               is
               now
               almost
               Fifteen
               years
               since
               His
               Majesty
               had
               any
               Assistance
               from
               His
               People
               ;
               and
               ,
               these
               illegal
               wayes
               of
               supplying
               the
               King
               were
               never
               prest
               with
               more
               Violence
               and
               Art
               ,
               then
               they
               have
               been
               in
               this
               time
               ;
               and
               yet
               I
               may
               ,
               upon
               very
               good
               grounds
               ,
               affirm
               ,
               That
               in
               the
               last
               Fifteen
               years
               of
               Queen
               Elizabeth
               ,
               She
               received
               more
               ,
               by
               the
               Bounty
               and
               Affection
               of
               Her
               Subjects
               ,
               then
               hath
               come
               to
               His
               Majesties
               Coffers
               ,
               by
               all
               the
               inordinate
               and
               rigorous
               courses
               which
               have
               been
               taken
               .
               And
               ,
               as
               those
               Supplies
               were
               more
               beneficial
               ,
               in
               the
               Receipt
               of
               them
               ,
               so
               were
               they
               like
               in
               the
               use
               and
               imployment
               of
               them
               .
            
             
               Another
               way
               of
               prejudice
               to
               His
               Majesties
               profit
               ,
               is
               this
               :
               Such
               Arbitrary
               Courses
               Exhaust
               the
               people
               ,
               and
               disable
               them
               ,
               when
               there
               shall
               be
               occasion
               ,
               to
               give
               such
               plentiful
               Supplies
               ,
               as
               otherwise
               they
               would
               do
               .
               I
               shall
               need
               no
               other
               proofe
               of
               this
               ,
               then
               the
               Irish
               Government
               under
               my
               Lord
               of
               Strafford
               ,
               where
               the
               Wealth
               of
               the
               Kingdom
               is
               so
               consumed
               ,
               by
               those
               horrible
               Exactions
               and
               Burdens
               ,
               that
               it
               is
               thought
               ,
               the
               Subsidies
               lately
               granted
               ,
               will
               amount
               to
               little
               more
               than
               half
               the
               proportion
               of
               the
               last
               Subsidies
               .
               The
               two
               former
               wayes
               are
               hurtful
               to
               the
               Kings
               profit
               ,
               in
               that
               respect
               which
               they
               call
               
                 Lucrum
                 Cessans
              
               ,
               by
               diminishing
               his
               Receipts
               ;
               But
               ,
               there
               is
               a
               third
               ,
               fuller
               of
               mischiet
               ;
               and
               ,
               it
               is
               in
               that
               respect
               ,
               which
               they
               call
               
                 Damnum
                 emergens
              
               ,
               by
               increasing
               his
               Disbursements
               :
               such
               irregular
               and
               exorbitant
               attempts
               upon
               the
               Liberties
               of
               the
               People
               ,
               are
               apt
               to
               produce
               such
               miserable
               Distractions
               and
               Distempers
               ,
               as
               will
               put
               the
               King
               and
               Kingdomes
               to
               such
               vast
               Expences
               and
               Losses
               in
               a
               short
               time
               ,
               as
               will
               not
               be
               recovered
               in
               many
               years
               :
               We
               need
               not
               go
               far
               to
               seek
               a
               proof
               of
               this
               ,
               these
               two
               last
               years
               will
               be
               a
               sufficient
               Evidence
               ,
               within
               which
               time
               I
               assure
               my self
               ,
               it
               may
               be
               proved
               ,
               that
               more
               Treasure
               hath
               been
               wasted
               ,
               more
               loss
               sustained
               by
               His
               Majesty
               and
               His
               Subjects
               ,
               then
               was
               spent
               by
               Queen
               Elizabeth
               in
               all
               the
               War
               of
               Tyron
               ,
               and
               in
               those
               many
               brave
               Attempts
               against
               the
               King
               of
               Spain
               ,
               and
               the
               Royal
               Assistance
               which
               she
               gave
               to
               France
               ,
               and
               the
               Low
               Countries
               ,
               during
               all
               Her
               Reign
               .
            
             
               As
               for
               greatness
               ,
               this
               Arbitrary
               Power
               is
               apt
               to
               hinder
               and
               impair
               it
               ,
               not
               onely
               at
               home
               ,
               but
               abroad
               .
               A
               Kingdom
               is
               a
               Society
               of
               men
               conjoyned
               under
               one
               Government
               ,
               for
               the
               Common
               good
               :
               The
               World
               is
               a
               Society
               of
               Kingdomes
               and
               States
               .
               The
               Kings
               Greatness
               consists
               not
               onely
               in
               His
               Dominion
               over
               His
               Subjects
               at
               home
               ,
               but
               in
               the
               Influence
               which
               he
               hath
               upon
               States
               abroad
               ;
               That
               He
               should
               be
               great
               even
               among
               Kings
               ,
               and
               by
               His
               Wisdom
               and
               Authority
               ,
               so
               to
               incline
               and
               dispose
               the
               Affairs
               of
               other
               States
               and
               Nations
               ,
               and
               those
               great
               events
               which
               fall
               out
               in
               the
               World
               ,
               as
               shall
               be
               for
               the
               good
               of
               Mankind
               ,
               and
               for
               the
               Peculiar
               advantage
               of
               His
               own
               People
               .
               This
               is
               the
               most
               glorious
               ,
               and
               magnificent
               greatness
               ,
               to
               be
               able
               to
               relieve
               distressed
               Princes
               ,
               to
               support
               his
               own
               Friends
               and
               Allies
               ,
               to
               prevent
               the
               Ambitious
               Designs
               of
               other
               Kings
               ;
               and
               ,
               how
               much
               this
               Kingdom
               hath
               been
               impaired
               in
               this
               kind
               ,
               by
               the
               late
               mischievous
               Counsels
               ,
               your
               Lordships
               best
               know
               ;
               who
               ,
               at
               a
               near
               distance
               ,
               and
               with
               a
               more
               clear
               sight
               ,
               do
               apprehend
               these
               publick
               and
               great
               affairs
               ,
               then
               I
               can
               do
               .
               Yet
               thus
               much
               I
               dare
               boldly
               say
               ,
               that
               if
               His
               Majesty
               had
               not
               ,
               with
               great
               Wisdom
               and
               Goodness
               ,
               forsaken
               that
               way
               ,
               wherein
               the
               Earl
               of
               Strafford
               had
               put
               Him
               ,
               we
               should
               ,
               within
               a
               short
               time
               ,
               have
               been
               brought
               into
               that
               miserable
               condition
               ,
               as
               to
               have
               been
               useless
               to
               our
               Friends
               ,
               contemptible
               to
               our
               Enemies
               ,
               and
               uncapable
               of
               undertaking
               any
               great
               Design
               ,
               either
               at
               home
               or
               abroad
               .
            
             
             
               A
               fourth
               consideration
               is
               ,
               That
               this
               Arbitrary
               and
               Tyrannical
               Power
               ,
               which
               the
               Earl
               of
               Strafford
               did
               exercise
               in
               his
               own
               Person
               ,
               and
               to
               which
               he
               did
               advise
               His
               Majesty
               ,
               is
               inconsistent
               with
               the
               Peace
               ,
               the
               Wealth
               ,
               the
               Prosperity
               of
               a
               Nation
               ;
               It
               is
               destructive
               to
               Justice
               ,
               the
               Mother
               of
               Peace
               ;
               to
               Industry
               ,
               the
               spring
               of
               Wealth
               ;
               to
               Valour
               ,
               which
               is
               the
               active
               Virtue
               ,
               whereby
               the
               prosperity
               of
               a
               Nation
               can
               only
               be
               procured
               confirmed
               ,
               and
               enlarged
               .
            
             
               It
               s
               not
               only
               apt
               to
               take
               away
               Peace
               ,
               and
               so
               intangle
               the
               Nation
               with
               Wars
               ,
               but
               doth
               corrupt
               Peace
               ,
               and
               puts
               such
               a
               malignity
               into
               it
               ,
               as
               produceth
               the
               effects
               of
               War.
               We
               need
               seek
               no
               other
               proof
               of
               this
               ,
               but
               the
               Earl
               of
               Straffords
               Government
               ,
               where
               the
               Irish
               ,
               both
               Nobility
               and
               others
               ,
               had
               as
               little
               security
               of
               their
               Persons
               or
               Estates
               in
               this
               peaceable
               time
               ,
               as
               if
               the
               Kingdom
               had
               been
               under
               the
               rage
               and
               fury
               of
               War.
               
            
             
               And
               as
               for
               Industry
               and
               Valour
               ,
               who
               will
               take
               pains
               for
               that
               ,
               which
               when
               he
               hath
               gotten
               ,
               is
               not
               his
               own
               ?
               or
               who
               fight
               for
               that
               wherein
               he
               hath
               no
               other
               interest
               ,
               but
               such
               as
               is
               subject
               to
               the
               Will
               of
               another
               ?
               The
               antient
               encouragement
               to
               men
               ,
               that
               were
               to
               defend
               their
               Countreys
               ,
               was
               this
               ,
               That
               they
               were
               to
               hazard
               their
               Person
               ,
               
                 pro
                 Aris
                 &
                 focis
              
               ,
               for
               their
               Religion
               ,
               and
               for
               their
               Houses
               ;
               But
               by
               this
               Arbitrary
               way
               which
               was
               practised
               in
               Ireland
               ,
               and
               counselled
               here
               ;
               no
               man
               had
               any
               certainty
               ,
               either
               of
               Religion
               ,
               or
               of
               his
               House
               ,
               or
               any
               thing
               else
               to
               be
               his
               own
               ;
               But
               besides
               this
               ,
               such
               Arbitrary
               courses
               have
               an
               ill
               operation
               upon
               the
               courage
               of
               a
               Nation
               ,
               by
               embasing
               the
               hearts
               of
               the
               People
               :
               A
               servile
               condition
               does
               for
               the
               most
               part
               beget
               in
               men
               a
               slavish
               temper
               and
               disposition
               .
               Those
               that
               live
               so
               much
               under
               the
               Whip
               ,
               and
               the
               Pillory
               ,
               and
               such
               servile
               Engines
               ,
               as
               were
               frequently
               used
               by
               the
               Earl
               of
               Strafford
               ,
               they
               may
               have
               the
               dregs
               of
               valour
               ,
               sullenness
               and
               stubborness
               ,
               which
               may
               make
               them
               prone
               to
               mutinies
               and
               discontents
               ;
               But
               those
               noble
               and
               gallant
               affections
               ,
               which
               put
               men
               to
               brave
               designs
               and
               attempts
               for
               the
               preservation
               or
               enlargement
               of
               a
               Kingdom
               ,
               they
               are
               hardly
               capable
               of
               .
               Shall
               it
               be
               Treason
               to
               embase
               the
               Kings
               Coin
               ,
               though
               but
               a
               piece
               of
               Twelve-pence
               ,
               or
               Six-pence
               ?
               and
               must
               it
               not
               needs
               be
               the
               effect
               of
               a
               greater
               Treason
               ,
               to
               embase
               the
               Spirits
               of
               his
               Subjects
               ,
               and
               to
               set
               a
               stamp
               and
               character
               of
               servitude
               upon
               them
               ,
               whereby
               they
               shall
               be
               disabled
               to
               do
               any
               thing
               ,
               for
               the
               service
               of
               the
               King
               and
               Commonwealth
               ?
            
             
               The
               fifth
               Consideration
               is
               this
               ,
               that
               the
               exercise
               of
               this
               Arbitrary
               Government
               in
               times
               of
               suddain
               danger
               ,
               by
               the
               invasion
               of
               an
               enemy
               ,
               will
               disable
               His
               Majesty
               to
               preserve
               himselfe
               and
               His
               Subjects
               from
               that
               danger
               .
               This
               is
               the
               only
               pretence
               by
               which
               the
               Earl
               of
               Strafford
               ,
               and
               such
               other
               mischievous
               Counsellors
               ,
               would
               induce
               His
               Majesty
               to
               make
               use
               of
               it
               ;
               and
               if
               it
               be
               unfit
               for
               such
               an
               occasion
               ,
               I
               know
               nothing
               that
               can
               be
               alledged
               in
               maintainance
               of
               it
               .
            
             
               When
               War
               threatens
               a
               Kingdom
               by
               the
               coming
               of
               a
               Forreign
               Enemy
               ,
               it
               is
               no
               time
               then
               to
               discontent
               the
               people
               ,
               to
               make
               them
               weary
               of
               the
               present
               Government
               ,
               and
               more
               inclinable
               to
               a
               change
               ;
               The
               supplies
               which
               are
               to
               come
               in
               this
               way
               ,
               will
               be
               unready
               ,
               uncertain
               ,
               there
               can
               be
               no
               assurance
               of
               them
               ,
               no
               dependance
               upon
               them
               ,
               either
               for
               time
               or
               proportion
               :
               And
               if
               some
               Money
               be
               gotten
               in
               such
               a
               way
               ,
               the
               distractions
               ,
               divisions
               ,
               distempers
               ,
               which
               this
               course
               is
               apt
               to
               produce
               ,
               will
               be
               more
               prejudicial
               
               to
               the
               publique
               safety
               ,
               than
               the
               Supply
               can
               be
               advantagious
               to
               it
               ,
               and
               of
               this
               we
               have
               had
               sufficient
               experience
               the
               last
               Summer
               .
            
             
               The
               Sixth
               ,
               That
               this
               crime
               of
               subverting
               the
               Laws
               ,
               and
               introducing
               an
               Arbitrary
               and
               Tyrannical
               Government
               ,
               is
               contrary
               to
               the
               Pact
               and
               Covenant
               betwixt
               the
               King
               and
               his
               People
               ;
               that
               which
               was
               spoken
               of
               before
               ,
               was
               the
               legal
               union
               of
               Allegiance
               and
               Protection
               ;
               this
               is
               a
               personal
               union
               by
               mutual
               agreement
               and
               stipulation
               ,
               confirmed
               by
               Oath
               on
               both
               sides
               :
               The
               King
               and
               his
               People
               are
               obliged
               to
               one
               another
               in
               the
               nearest
               relations
               ,
               he
               is
               a
               Father
               and
               a
               Child
               ,
               is
               called
               in
               Law
               
                 pars
                 patris
              
               :
               He
               is
               the
               Husband
               of
               the
               Common-wealth
               ,
               they
               have
               the
               same
               interests
               ,
               they
               ara
               inseparable
               in
               their
               condition
               ,
               be
               it
               good
               or
               evil
               ;
               he
               is
               the
               Head
               ,
               they
               are
               the
               Body
               ;
               there
               is
               such
               an
               incorporation
               as
               cannot
               be
               dissolved
               ,
               without
               the
               destruction
               of
               both
               .
            
             
               When
               Justice
               Thorp
               in
               Edward
               the
               III.
               time
               ,
               was
               by
               the
               Parliament
               condemned
               to
               death
               for
               Bribery
               ,
               the
               reason
               of
               that
               Judgement
               is
               given
               ,
               because
               he
               had
               broke
               the
               Kings
               Oath
               ,
               not
               that
               he
               had
               broke
               his
               own
               Oath
               ,
               but
               he
               had
               broken
               the
               Kings
               Oath
               ,
               that
               solemn
               and
               great
               Obligation
               ,
               which
               is
               the
               security
               of
               the
               whole
               Kingdom
               :
               If
               for
               a
               Judge
               to
               take
               a
               small
               sum
               ,
               in
               a
               private
               Cause
               ,
               was
               adjudged
               capital
               ,
               how
               much
               greater
               was
               this
               offence
               ,
               whereby
               the
               Earl
               of
               Strafford
               hath
               broken
               the
               Kings
               Oath
               in
               the
               whole
               course
               of
               his
               Government
               in
               Ireland
               ,
               to
               the
               prejudice
               of
               so
               many
               of
               His
               Majesties
               Subjects
               in
               their
               Lives
               ,
               Liberties
               ,
               and
               Estates
               ,
               and
               to
               the
               danger
               of
               all
               the
               rest
               ?
            
             
               The
               Doctrine
               of
               the
               Papists
               
                 Fides
                 non
                 est
                 servanda
                 cum
                 Haereticis
                 ,
              
               is
               an
               abominable
               Doctrine
               ;
               yet
               that
               other
               Tenet
               ,
               more
               peculiar
               to
               the
               Jesuits
               ,
               is
               more
               pernicious
               ,
               whereby
               Subjects
               are
               discharged
               from
               their
               Oath
               of
               Allegiance
               to
               their
               Prince
               ,
               whensoever
               the
               Pope
               pleaseth
               ;
               This
               may
               be
               added
               to
               make
               the
               third
               no
               less
               mischievous
               and
               destructive
               to
               humane
               Society
               ,
               than
               either
               of
               the
               rest
               .
               That
               the
               King
               is
               not
               bound
               by
               that
               Oath
               which
               he
               hath
               taken
               ,
               to
               observe
               the
               Laws
               of
               the
               Kingdom
               ,
               but
               may
               when
               he
               sees
               cause
               ,
               lay
               Taxes
               and
               Burthens
               upon
               them
               without
               their
               consent
               ,
               contrary
               to
               the
               Laws
               and
               Liberties
               of
               the
               Kingdom
               ,
               This
               hath
               been
               Preached
               and
               published
               by
               divers
               ;
               And
               this
               is
               that
               which
               hath
               been
               practised
               in
               Ireland
               by
               the
               Earl
               of
               Strafford
               ,
               in
               his
               Government
               there
               ,
               and
               endeavoured
               to
               be
               brought
               into
               England
               ,
               by
               his
               Counsel
               here
               .
            
             
               The
               Seventh
               is
               this
               ;
               It
               is
               an
               offence
               that
               is
               contrary
               to
               the
               end
               of
               Government
               ;
               The
               end
               of
               Government
               was
               to
               prevent
               oppressions
               ;
               to
               limit
               and
               restrain
               the
               excessive
               power
               and
               violence
               of
               great
               men
               ,
               to
               open
               the
               passages
               of
               Justice
               ,
               with
               indifferency
               towards
               all
               ;
               This
               Arbitrary
               Power
               is
               apt
               to
               induce
               and
               encourage
               all
               kind
               of
               insolencies
               .
            
             
               Another
               end
               of
               the
               Government
               ,
               is
               to
               preserve
               men
               in
               their
               Estates
               ,
               to
               secure
               them
               in
               their
               Lives
               and
               Liberties
               ;
               but
               if
               this
               design
               had
               taken
               effect
               ,
               and
               could
               have
               been
               setled
               in
               England
               ,
               as
               it
               was
               practised
               in
               Ireland
               ,
               no
               man
               would
               have
               had
               more
               certainty
               in
               his
               own
               ,
               then
               Power
               would
               have
               allowed
               him
               ;
               but
               these
               two
               have
               been
               spoken
               of
               before
               ;
               there
               are
               two
               behind
               more
               important
               ,
               which
               have
               not
               yet
               been
               touched
               .
            
             
             
               It
               is
               the
               end
               of
               Government
               ,
               that
               Virtue
               should
               be
               cherish'd
               ,
               Vice
               supprest
               ;
               but
               where
               this
               Arbitrary
               and
               unlimited
               Power
               is
               set
               up
               ,
               a
               way
               is
               open
               ,
               not
               only
               for
               the
               security
               ,
               but
               for
               the
               advancement
               and
               encouragement
               of
               evil
               ;
               such
               men
               as
               are
               apt
               for
               the
               execution
               and
               maintenance
               of
               this
               Power
               ,
               are
               only
               capable
               of
               preferment
               ;
               and
               others
               who
               will
               not
               be
               instruments
               of
               any
               unjust
               commmands
               ,
               who
               make
               a
               conscience
               to
               do
               nothing
               against
               the
               Laws
               of
               the
               Kingdom
               ,
               and
               Liberties
               of
               the
               Subject
               ,
               are
               not
               only
               not
               passable
               for
               employment
               ,
               but
               subject
               to
               much
               jealousie
               and
               danger
               .
            
             
               It
               is
               the
               end
               of
               Government
               ,
               that
               all
               Accidents
               and
               Events
               ,
               all
               Counsels
               and
               Designs
               should
               be
               improved
               to
               the
               publique
               good
               :
               But
               this
               Arbitrary
               Power
               is
               apt
               to
               dispose
               all
               ,
               to
               the
               maintainance
               of
               it self
               .
               The
               wisdome
               of
               the
               Council
               Table
               ;
               The
               authority
               of
               the
               Courts
               of
               Justice
               ;
               The
               industry
               of
               all
               the
               Officers
               of
               the
               Crown
               ,
               have
               been
               most
               carefully
               exercised
               in
               this
               ;
               the
               Learning
               of
               our
               Divines
               ,
               the
               Jurisdiction
               of
               our
               Bishops
               have
               been
               moulded
               and
               disposed
               to
               the
               same
               effect
               ,
               which
               though
               it
               were
               begun
               before
               the
               Earl
               of
               Straffords
               imployment
               ,
               yet
               it
               hath
               been
               exeedingly
               furthered
               and
               advanced
               by
               him
               .
            
             
               Under
               this
               colour
               and
               pretence
               of
               maintaining
               the
               King's
               Power
               and
               Prerogative
               ,
               many
               dangerous
               practises
               against
               the
               peace
               and
               safety
               of
               the
               Kingdom
               ,
               have
               been
               undertaken
               and
               promoted
               .
               The
               increase
               of
               Popery
               ,
               and
               the
               favours
               and
               encouragement
               of
               Papists
               have
               been
               ,
               and
               still
               are
               a
               great
               grievance
               and
               danger
               to
               the
               Kingdom
               :
               The
               innovation
               ,
               in
               matters
               of
               Religion
               ,
               the
               Usurpations
               of
               the
               Clergy
               ,
               the
               manifold
               burthens
               and
               taxations
               upon
               the
               people
               ,
               have
               been
               a
               great
               cause
               of
               our
               present
               distempers
               and
               disorders
               ;
               and
               yet
               those
               who
               have
               been
               chief
               furtherers
               and
               actors
               of
               such
               mischiefs
               ,
               have
               had
               their
               Credit
               and
               Authority
               from
               this
               ;
               that
               they
               were
               forward
               to
               maintain
               this
               power
               .
               The
               Earl
               of
               Strafford
               had
               the
               first
               rise
               of
               his
               Greatness
               from
               this
               ;
               and
               in
               his
               Apology
               and
               Defence
               ,
               as
               your
               Lordships
               have
               heard
               ,
               this
               hath
               had
               a
               main
               part
               .
            
             
               The
               Royal
               Power
               and
               Majesty
               of
               Kings
               is
               most
               Glorious
               in
               the
               Prosperity
               and
               happiness
               of
               the
               People
               ;
               the
               perfection
               of
               all
               things
               consists
               in
               the
               end
               ,
               for
               which
               they
               were
               ordained
               ,
               God
               only
               in
               his
               own
               end
               ,
               all
               other
               things
               ,
               have
               a
               further
               end
               beyond
               themselves
               ,
               in
               attaining
               whereof
               ,
               their
               own
               happiness
               consists
               :
               if
               the
               means
               and
               the
               end
               be
               set
               in
               opposition
               to
               one
               another
               ,
               it
               must
               needs
               cause
               an
               impotency
               and
               defect
               of
               both
               .
            
             
               The
               Eighth
               Consideration
               ,
               is
               the
               vanity
               and
               absurdity
               of
               those
               excuses
               and
               justifications
               ,
               which
               he
               made
               for
               himself
               ,
               whereof
               divers
               particulars
               have
               been
               mentioned
               in
               the
               course
               of
               this
               Defence
               .
            
             
               1.
               
               That
               he
               is
               a
               Counsellor
               ,
               and
               might
               not
               be
               questioned
               for
               any
               thing
               which
               he
               advised
               according
               to
               his
               Conscience
               ;
               The
               ground
               is
               true
               ,
               there
               is
               a
               liberty
               belongs
               to
               Counsellors
               ,
               and
               nothing
               corrupts
               Counsels
               more
               than
               Fear
               ;
               He
               that
               will
               have
               the
               priviledge
               of
               a
               Counsellor
               ,
               must
               keep
               within
               the
               just
               bounds
               of
               a
               Counsellor
               ;
               those
               matters
               are
               the
               proper
               subjects
               of
               Counsel
               ,
               which
               in
               their
               times
               and
               occasions
               ,
               may
               be
               good
               or
               beneficial
               to
               the
               King
               or
               Common-wealth
               ;
               But
               such
               Treasons
               as
               these
               ,
               the
               subversion
               of
               the
               Laws
               ,
               violation
               of
               Liberties
               ,
               they
               can
               never
               be
               good
               
               or
               justifiable
               by
               any
               circumstance
               ,
               or
               occasion
               ;
               and
               therefore
               his
               being
               a
               Counsellor
               ,
               makes
               his
               fault
               much
               more
               hainous
               ,
               as
               being
               committed
               against
               a
               greater
               Trust
               ,
               and
               in
               a
               way
               of
               much
               mischief
               and
               danger
               ,
               least
               His
               Majesties
               Conscience
               and
               Judgement
               (
               upon
               which
               ,
               the
               whole
               course
               and
               frame
               of
               His
               Government
               ,
               do
               much
               depend
               )
               should
               be
               poysoned
               and
               infected
               with
               such
               wicked
               Principles
               and
               Designes
               :
               And
               this
               he
               hath
               endeavoured
               to
               do
               ,
               which
               by
               all
               Laws
               ,
               and
               in
               all
               Times
               hath
               in
               this
               Kingdom
               been
               reckoned
               a
               crime
               of
               an
               high
               Nature
               .
            
             
               2.
               
               He
               labours
               to
               interest
               your
               Lordships
               in
               his
               Cause
               ,
               by
               alleadging
               ,
               it
               may
               be
               dangerous
               to
               your selves
               ,
               and
               your
               posterity
               ,
               who
               by
               your
               Birth
               are
               fittest
               to
               be
               near
               His
               Majesty
               ,
               in
               places
               of
               Trust
               and
               Authority
               ,
               if
               you
               should
               be
               subject
               to
               be
               questioned
               for
               matters
               delivered
               in
               Council
               .
               To
               this
               was
               answered
               ,
               That
               it
               was
               hoped
               their
               Lordships
               would
               rather
               labour
               to
               secure
               themselves
               ,
               and
               their
               posterity
               ,
               in
               the
               exercise
               of
               their
               Virtues
               ,
               than
               of
               their
               Vices
               ,
               that
               so
               they
               might
               ,
               together
               with
               their
               own
               Honor
               and
               Greatness
               ,
               preserve
               the
               Honor
               and
               Greatness
               ,
               both
               of
               the
               King
               and
               Kingdom
               .
            
             
               3.
               
               Another
               excuse
               was
               this
               ,
               That
               whatsoever
               he
               hath
               spoken
               ,
               was
               out
               of
               good
               intention
               .
               Sometimes
               good
               and
               evil
               ,
               truth
               and
               falshood
               ,
               lye
               so
               near
               together
               ,
               that
               they
               are
               hardly
               to
               be
               distinguished
               :
               Matters
               hurtful
               and
               dangerous
               ,
               may
               be
               accompanied
               with
               such
               circumstances
               ,
               as
               may
               make
               it
               appear
               useful
               and
               convenient
               ,
               and
               in
               all
               such
               cases
               ,
               good
               intention
               will
               justify
               evil
               Counsel
               ;
               But
               where
               the
               matters
               propounded
               are
               evil
               in
               their
               own
               nature
               ,
               such
               as
               the
               matters
               are
               ,
               wherewith
               the
               Earl
               of
               Strafford
               is
               charged
               ,
               to
               break
               a
               publique
               Faith
               ,
               to
               subvert
               Laws
               and
               Government
               :
               they
               can
               never
               be
               justied
               by
               any
               intentions
               ,
               how
               good
               soever
               they
               be
               pretended
               .
            
             
               4.
               
               He
               alleadgeth
               it
               was
               a
               time
               of
               great
               necessity
               and
               danger
               ,
               when
               such
               Counsels
               were
               necessary
               for
               preservation
               of
               the
               State.
               Necessity
               hath
               been
               spoken
               of
               before
               ,
               as
               it
               relates
               to
               the
               Cause
               ;
               now
               it
               is
               considered
               as
               it
               relates
               to
               the
               Person
               ;
               if
               there
               were
               any
               necessity
               ,
               it
               was
               of
               his
               own
               making
               ;
               he
               by
               his
               evil
               Counsel
               had
               brought
               the
               King
               into
               a
               necessity
               ,
               and
               by
               no
               rules
               of
               Justice
               can
               be
               allowed
               to
               gain
               this
               advantage
               by
               his
               own
               fault
               ,
               as
               to
               make
               that
               a
               ground
               of
               his
               justification
               which
               is
               a
               great
               part
               of
               his
               offence
               .
            
             
               5.
               
               He
               hath
               often
               insinuated
               this
               ,
               That
               it
               was
               for
               His
               Majesties
               service
               ,
               in
               maintainance
               of
               that
               Sovereign
               Power
               ,
               with
               which
               he
               is
               intrusted
               by
               God
               ,
               for
               the
               good
               of
               his
               People
               .
               The
               Answer
               is
               this
               ,
               No
               doubt
               but
               that
               Sovereign
               Power
               wherewith
               His
               Majesty
               is
               intrusted
               for
               the
               publique
               good
               ,
               hath
               many
               glorious
               effects
               ,
               the
               better
               to
               inable
               him
               thereunto
               ;
               But
               without
               doubt
               ,
               this
               is
               none
               of
               them
               ,
               That
               by
               his
               own
               Will
               ,
               he
               may
               lay
               any
               Tax
               or
               Imposition
               upon
               His
               people
               ,
               without
               their
               consent
               in
               Parliament
               .
               This
               hath
               now
               been
               five
               times
               adjudged
               by
               both
               Houses
               ,
               in
               the
               case
               of
               the
               Loans
               ,
               in
               condemning
               Commissions
               of
               Excise
               ,
               in
               the
               resolution
               upon
               the
               saving
               offered
               to
               be
               saved
               to
               the
               Petition
               of
               Right
               ,
               in
               the
               sentence
               against
               Manwaring
               ,
               and
               now
               Lutell
               ,
               in
               condemning
               the
               Shipmoney
               ;
               And
               if
               the
               Sovereign
               Power
               of
               the
               King
               ,
               can
               produce
               no
               such
               effect
               as
               this
               ,
               the
               Allegation
               of
               it
               is
               an
               aggravation
               ,
               and
               no
               diminution
               of
               his
               offence
               ,
               because
               thereby
               he
               doth
               labour
               to
               interest
               the
               King
               against
               the
               just
               grievance
               and
               complaint
               of
               the
               People
               .
            
             
             
               6.
               
               This
               Counsel
               was
               propounded
               with
               diverse
               Limitations
               and
               Provisions
               ;
               for
               securing
               and
               repairing
               the
               Liberty
               of
               the
               People
               .
               This
               implies
               a
               contradiction
               to
               maintain
               an
               Arbitrary
               and
               Absolute
               Power
               ,
               and
               yet
               to
               restrain
               it
               with
               Limitations
               and
               Provisions
               ,
               for
               even
               those
               limitations
               and
               provisions
               ,
               will
               be
               subject
               to
               the
               same
               absolute
               power
               ,
               and
               to
               be
               dispensed
               in
               such
               manner
               ,
               and
               at
               such
               time
               ,
               as
               it self
               shall
               determine
               ;
               let
               the
               Grievances
               and
               Oppressions
               be
               never
               so
               heavy
               ,
               the
               Subject
               is
               left
               without
               all
               remedy
               ,
               but
               at
               His
               Majesties
               own
               pleasure
               .
            
             
               7.
               
               He
               alleadgeth
               ,
               They
               were
               but
               Words
               ,
               and
               no
               effect
               followed
               ;
               this
               needs
               no
               Answer
               :
               but
               ,
               that
               the
               Miserable
               Distempers
               into
               which
               he
               hath
               brought
               all
               the
               three
               Kingdomes
               ,
               will
               be
               Evidence
               sufficient
               ,
               that
               his
               Wicked
               Counsels
               have
               had
               such
               Mischievous
               Effects
               within
               these
               two
               or
               three
               last
               years
               ,
               that
               many
               years
               peace
               will
               hardly
               repair
               those
               losses
               ,
               and
               other
               great
               Mischiefs
               which
               the
               Common-Wealth
               hath
               sustained
               .
            
             
               8.
               
               These
               Excuses
               have
               been
               collected
               out
               of
               the
               several
               Parts
               of
               his
               defence
               ,
               perchance
               some
               others
               are
               omitted
               ,
               which
               I
               doubt
               not
               have
               been
               Answered
               by
               some
               of
               my
               Collegues
               ,
               and
               are
               of
               no
               Importance
               ,
               either
               to
               perplex
               or
               to
               hinder
               your
               Lordships
               Judgment
               touching
               the
               hainousness
               of
               this
               Crime
               .
            
             
               The
               9
               th
               consideration
               is
               this
               ,
               That
               if
               this
               be
               Treason
               ,
               in
               the
               Nature
               of
               it
               ,
               it
               doth
               exceed
               all
               other
               Treasons
               in
               this
               ,
               That
               in
               the
               Design
               and
               Endeavour
               of
               the
               Author
               ,
               it
               was
               to
               be
               a
               constant
               and
               permanent
               Treason
               ;
               other
               Treasons
               are
               Transient
               ,
               as
               being
               confined
               within
               those
               particular
               Actions
               and
               Proportions
               ,
               wherein
               they
               did
               consist
               ,
               and
               those
               being
               past
               ,
               the
               Treason
               ceaseth
               .
            
             
               The
               Powder
               Treason
               was
               full
               of
               horror
               and
               maglignity
               ,
               yet
               it
               is
               past
               many
               years
               since
               :
               The
               Murder
               of
               that
               Magnanimous
               and
               Glorious
               King
               ,
               Henry
               the
               Fourth
               of
               France
               ,
               was
               a
               great
               and
               horrid
               Treason
               ;
               and
               so
               were
               those
               manifold
               Attempts
               against
               Queen
               Elizabeth
               of
               blessed
               Memory
               ;
               but
               ,
               they
               are
               long
               since
               past
               ;
               the
               Detestation
               of
               them
               onely
               remains
               in
               Histories
               ,
               and
               in
               the
               minds
               of
               men
               ,
               and
               will
               ever
               remain
               :
               But
               ,
               this
               Treason
               ,
               if
               it
               had
               taken
               effect
               ,
               was
               to
               be
               a
               standing
               perpetual
               Treason
               ,
               which
               would
               have
               been
               in
               continual
               Act
               ,
               not
               determined
               within
               one
               time
               or
               Age
               ,
               but
               transmitted
               to
               Posterity
               ,
               even
               from
               one
               generation
               to
               another
               .
            
             
               The
               10
               th
               Consideration
               is
               this
               ,
               That
               as
               it
               is
               a
               Crime
               odious
               in
               the
               Nature
               of
               it
               ,
               so
               it
               is
               odious
               in
               the
               Judgment
               and
               Estimation
               of
               the
               Law
               :
               To
               alter
               the
               setled
               Frame
               and
               Constitution
               of
               Government
               ,
               is
               Treason
               in
               any
               state
               .
               The
               Laws
               ,
               whereby
               all
               other
               parts
               of
               a
               Kingdom
               are
               preserved
               ,
               should
               be
               very
               vain
               and
               defective
               ,
               if
               they
               had
               not
               a
               power
               to
               secure
               and
               preserve
               themselves
               .
            
             
               The
               Forfeitures
               inflicted
               for
               Treason
               ,
               by
               our
               Law
               ,
               are
               of
               Life
               ,
               Honor
               and
               Estate
               ,
               even
               all
               that
               can
               be
               forfeited
               ;
               and
               ,
               this
               Prisoner
               having
               committed
               so
               many
               Treasons
               ,
               although
               he
               should
               pay
               all
               these
               Forfeitures
               ,
               will
               be
               still
               a
               Debtor
               to
               the
               Common-wealth
               :
               nothing
               can
               be
               more
               equal
               ,
               then
               that
               he
               should
               perish
               by
               the
               Justice
               of
               that
               Law
               ,
               which
               he
               would
               have
               Subverted
               ;
               neither
               will
               this
               be
               a
               new
               way
               of
               Blood
               ,
               There
               are
               Marks
               enough
               to
               trace
               this
               
               Law
               to
               the
               very
               Original
               of
               this
               Kingdom
               :
               and
               if
               it
               hath
               not
               been
               put
               in
               Execution
               ,
               as
               he
               alleadgeth
               ,
               this
               240
               years
               ,
               it
               was
               not
               for
               want
               of
               Law
               ,
               but
               ,
               that
               all
               that
               time
               hath
               not
               bred
               a
               man
               ,
               bold
               enough
               to
               commit
               such
               Crimes
               as
               these
               ;
               which
               is
               a
               circumstance
               ,
               much
               aggravating
               his
               Offence
               ,
               and
               making
               him
               no
               whit
               less
               liable
               to
               punishment
               ,
               because
               he
               is
               the
               onely
               Man
               ,
               that
               in
               so
               long
               a
               time
               hath
               ventured
               upon
               such
               a
               Treason
               as
               this
               .
            
             
               It
               belongs
               to
               the
               Charge
               of
               another
               ,
               to
               make
               it
               appear
               to
               your
               Lordships
               ,
               that
               the
               Crimes
               and
               Offences
               proved
               against
               the
               Earl
               of
               Strafford
               ,
               are
               High-Treason
               by
               the
               Lawes
               and
               Statutes
               of
               this
               Realme
               ,
               whose
               Learning
               and
               other
               Abilities
               are
               much
               better
               for
               that
               Service
               :
               But
               ,
               for
               the
               time
               and
               manner
               of
               performing
               this
               ,
               we
               are
               to
               resort
               to
               the
               Direction
               of
               the
               House
               of
               Commons
               ,
               having
               in
               this
               ,
               which
               is
               already
               done
               ,
               dispatched
               all
               those
               Instructions
               which
               we
               have
               received
               ;
               and
               ,
               concerning
               further
               Proceedings
               ,
               for
               clearing
               all
               Questions
               and
               Objections
               in
               Law
               ,
               your
               Lordships
               will
               hear
               from
               the
               House
               of
               Commons
               in
               Convenient
               time
               .
            
          
           
             
             
               THE
               ARGUMENT
               Of
               Mr.
               LANE
               ,
               The
               PRINCE'S
               ATTORNY-GENERAL
               ,
               On
               the
               Behalf
               of
               the
               Earl
               of
               STRAFFORD
               ,
               
                 In
                 Point
                 of
                 Law
              
               ,
            
             
               MY
               Lords
               ,
               I
               shall
               not
               at
               all
               touch
               the
               Matter
               of
               Law
               ,
               further
               than
               to
               clear
               your
               Judgments
               of
               one
               Statute
               only
               ,
               viz.
               25
               E.
               3.
               because
               when
               the
               same
               was
               Alleadged
               by
               the
               Lord
               Strafford
               ,
               in
               his
               own
               Defence
               ,
               that
               not
               being
               Convict
               of
               the
               Letter
               thereof
               ,
               he
               could
               not
               be
               Convict
               of
               Treason
               :
               Remember
               the
               Salvo
               of
               the
               Statute
               was
               much
               insisted
               upon
               ,
               by
               those
               from
               the
               House
               of
               Commons
               ,
               as
               much
               Conducing
               to
               their
               Ends.
               My
               Lords
               ,
               I
               will
               first
               speak
               of
               the
               Statute
               it self
               ,
               and
               then
               of
               it's
               Salvo
               or
               Provision
               .
               The
               Statute
               is
               ,
               That
               if
               any
               Man
               shall
               Intend
               the
               Death
               of
               the
               King
               ,
               His
               Queen
               ,
               their
               Children
               ;
               kill
               the
               Chancellor
               ,
               or
               Judge
               upon
               the
               Bench
               ,
               Imbase
               the
               Kings
               Coyn
               ,
               or
               Counterfeit
               the
               Broad-Seal
               ,
               &c.
               he
               shall
               be
               Convict
               ,
               and
               Punisht
               as
               a
               Traytor
               :
               That
               the
               Lord
               Strafford
               comes
               not
               within
               the
               Letter
               of
               this
               Statute
               ,
               is
               not
               so
               much
               as
               once
               alleadged
               ,
               nor
               indeed
               it
               cannot
               be
               with
               any
               Reason
               ;
               All
               that
               can
               be
               said
               is
               ,
               That
               by
               Relation
               ,
               or
               by
               Argument
               
                 (
                 a
                 Minore
                 ad
                 Majus
              
               )
               he
               may
               be
               drawn
               into
               it
               ;
               yet
               ,
               that
               this
               cannot
               be
               ,
               I
               humbly
               offer
               these
               Considerations
               .
            
             
               First
               .
               This
               is
               a
               Declarative
               Law
               ,
               and
               such
               are
               not
               to
               be
               taken
               by
               way
               of
               Consequence
               ,
               Equity
               ,
               or
               Construction
               ,
               but
               by
               the
               Letter
               only
               ;
               otherwise
               they
               should
               imply
               a
               Contradiction
               to
               themselves
               ,
               and
               be
               no
               more
               Declarative
               Laws
               ,
               but
               Lawes
               of
               Construction
               ,
               or
               Constitutive
               .
            
             
             
               Secondly
               .
               This
               is
               a
               Penal
               Law
               ,
               and
               such
               (
               if
               our
               Grounds
               ,
               hitherto
               unquestion'd
               ,
               hold
               good
               )
               can
               admit
               of
               no
               Constructions
               ,
               or
               Inferences
               :
               for
               Penalties
               are
               to
               perswade
               the
               Keeping
               of
               Known
               Lawes
               ,
               not
               of
               Lawes
               Conjectural
               ,
               Ambiguous
               ,
               and
               by
               Consequence
               (
               which
               perhaps
               the
               most
               Learned
               may
               not
               ,
               in
               their
               Disputes
               ,
               question
               ,
               much
               less
               the
               Subject
               (
               who
               is
               not
               obliged
               to
               Interpret
               the
               Statute
               )
               doubt
               of
               ,
               in
               the
               point
               of
               Obedience
               ;
               yea
               ,
               rather
               ,
               without
               any
               doubt
               ,
               he
               is
               rather
               to
               obey
               the
               Letter
               of
               the
               Statute
               ,
               and
               conceive
               (
               and
               that
               truly
               )
               that
               he
               is
               not
               liable
               to
               the
               Penalty
               .
            
             
               Thirdly
               ,
               We
               have
               a
               Notable
               Law
               ,
               13
               
                 Eliz.
                 cap.
              
               2.
               whereby
               it
               is
               declared
               ,
               That
               the
               Bringing
               in
               of
               Bulls
               from
               Rome
               ,
               to
               stir
               up
               the
               Subject
               to
               Mutiny
               and
               Rebellion
               ,
               shall
               be
               punished
               as
               Treason
               :
               Now
               ,
               if
               by
               Interpretation
               ,
               or
               by
               Consequence
               ,
               this
               Sence
               might
               have
               been
               thrust
               upon
               the
               Preceding
               Statutes
               ,
               the
               making
               of
               this
               had
               been
               superfluous
               ;
               yea
               ,
               the
               Persons
               then
               charged
               with
               that
               Crime
               ,
               might
               have
               been
               impeached
               of
               Treason
               ,
               even
               before
               the
               making
               of
               this
               Act.
               
            
             
               Anno
               21
               Edw.
               3.
               
               We
               have
               a
               Statute
               ,
               declaring
               ,
               That
               for
               a
               Servant
               to
               Kill
               his
               Master
               ,
               is
               an
               Act
               of
               Treason
               ;
               and
               ,
               in
               the
               23
               th
               year
               of
               the
               same
               King
               ,
               a
               Process
               of
               Treason
               was
               framed
               against
               a
               Man
               for
               Killing
               his
               Father
               ,
               grounded
               upon
               the
               same
               Argument
               
                 a
                 Minore
                 ad
                 Majus
              
               :
               But
               ,
               it
               was
               found
               ,
               and
               the
               Sentence
               is
               yet
               in
               Records
               ,
               that
               although
               in
               the
               21
               th
               year
               of
               Edward
               the
               Third
               ,
               that
               Argument
               might
               have
               been
               admitted
               ,
               yet
               in
               the
               27
               th
               it
               could
               not
               ,
               by
               Reason
               of
               the
               Declarative
               Law
               ,
               Intervening
               in
               the
               25
               th
               year
               ;
               and
               ,
               this
               Case
               comes
               very
               home
               to
               the
               Point
               in
               Law.
               
            
             
               My
               Lords
               ,
               I
               will
               not
               demand
               ,
               What
               kind
               of
               Offence
               it
               may
               be
               ,
               for
               a
               Man
               to
               Subvert
               the
               Fundamental
               Laws
               of
               the
               Kingdom
               ?
               the
               Crime
               ,
               doubtless
               ,
               is
               Unnatural
               and
               Monstrous
               ,
               and
               the
               Punishment
               must
               keep
               the
               same
               Proportion
               ;
               only
               I
               Presume
               to
               Offer
               these
               few
               things
               to
               your
               Lordships
               Consideration
               .
            
             
               1.
               
               That
               one
               ,
               or
               more
               Acts
               of
               Injustice
               ,
               whether
               Malitiously
               or
               Ignorantly
               done
               ,
               can
               ,
               in
               no
               sence
               of
               Law
               ,
               be
               called
               ,
               The
               Subversion
               of
               the
               Fundamental
               Laws
               ;
               if
               so
               ,
               as
               many
               Judges
               (
               perhaps
               )
               so
               many
               Traytors
               ;
               't
               is
               very
               Incident
               to
               Mans
               Nature
               to
               erre
               ;
               nor
               doth
               the
               Lord
               Strafford
               plead
               his
               Innocency
               in
               Oversights
               ,
               but
               in
               Treason
               .
            
             
               2.
               
               I
               do
               Remember
               the
               Case
               of
               
                 Iohn
                 de
                 la
                 Pole
              
               Duke
               of
               Suffolk
               ;
               this
               Man
               ,
               in
               the
               28
               th
               of
               Henry
               the
               Sixth
               ,
               was
               Charged
               by
               the
               House
               of
               Commons
               with
               Articles
               of
               Treason
               ,
               and
               those
               too
               very
               like
               to
               these
               against
               my
               Lord
               Strafford
               .
               
                 
                   I.
                   That
                   he
                   had
                   given
                   the
                   King
                   bad
                   Advices
                   .
                
                 
                   II.
                   That
                   he
                   had
                   Embased
                   His
                   Coyn.
                   
                
                 
                   III.
                   That
                   he
                   had
                   Sessed
                   Men
                   of
                   War.
                   
                
                 
                   IV.
                   That
                   he
                   had
                   given
                   out
                   Summary
                   Decrees
                   .
                
                 
                   
                   V.
                   That
                   he
                   had
                   Imposed
                   Taxes
                   .
                
                 
                   VI.
                   That
                   he
                   had
                   Corrupted
                   the
                   Fountain
                   of
                   Justice
                   .
                
                 
                   VII
                   .
                   That
                   he
                   had
                   perswaded
                   the
                   King
                   to
                   Unnecessary
                   War
                   ,
                   and
                   the
                   giving
                   over
                   of
                   Anjou
                   in
                   France
                   .
                
              
            
             
               And
               ,
               for
               all
               these
               ,
               though
               he
               was
               charged
               with
               High
               Treason
               ,
               for
               wronging
               the
               Right
               of
               the
               Subject
               ,
               and
               Subverting
               the
               Fundamental
               Lawes
               of
               the
               Kingdom
               ,
               yet
               ,
               after
               a
               long
               agitation
               ,
               the
               Matter
               was
               found
               ,
               by
               the
               Lords
               of
               the
               Parliament
               ,
               not
               to
               Imply
               Treason
               ,
               but
               only
               Felony
               :
               Add
               to
               this
               another
               ,
               who
               ,
               in
               the
               23
               d
               of
               Henry
               the
               Eighth
               ,
               was
               Charged
               for
               subverting
               the
               English
               Laws
               ,
               and
               yet
               no
               Treason
               charg'd
               upon
               him
               .
               Add
               to
               both
               ,
               the
               Charge
               of
               
                 Richard
                 Larkes
              
               ,
               Pleaded
               at
               the
               Common-Pleas
               ,
               who
               was
               Charged
               with
               Treason
               ,
               for
               Subverting
               the
               Law
               ,
               but
               Convicted
               onely
               of
               Felony
               :
               By
               which
               you
               may
               see
               ,
               my
               Lords
               ,
               what
               to
               this
               time
               hath
               been
               Subverting
               the
               Lawes
               .
            
             
               3.
               
               It
               is
               very
               considerable
               ,
               That
               the
               Lord
               Strafford
               is
               not
               charged
               to
               have
               Subverted
               ,
               but
               onely
               to
               have
               Intended
               to
               Subvert
               the
               Fundamental
               Lawes
               ;
               and
               this
               ,
               I
               conceive
               ,
               if
               there
               were
               no
               more
               ,
               might
               keep
               him
               free
               from
               that
               Statute
               ,
               the
               25
               th
               of
               Edward
               the
               Third
               .
               For
               ,
               although
               ,
               as
               touching
               the
               King
               ,
               His
               Queen
               and
               Children
               ,
               Intention
               is
               Treasonable
               ;
               yet
               ,
               in
               all
               other
               things
               there
               mentioned
               ,
               there
               must
               be
               Action
               besides
               Intention
               :
               for
               ,
               it
               is
               not
               said
               ,
               If
               a
               Man
               do
               intend
               to
               Kill
               a
               Chancellor
               ,
               it
               shall
               be
               Treason
               ,
               but
               if
               he
               doth
               Kill
               him
               ,
               and
               if
               he
               doth
               actually
               Counterfeit
               the
               Broad
               Seal
               :
               And
               ,
               although
               a
               Man
               should
               prepare
               a
               Furnace
               ,
               make
               ready
               his
               Stamp
               ,
               melt
               his
               Bullion
               ,
               yet
               if
               he
               gives
               not
               the
               Kings
               Impression
               upon
               the
               Coyn
               ,
               all
               his
               Intentions
               ,
               yea
               ,
               his
               Preparations
               will
               not
               serve
               to
               make
               up
               a
               Treason
               .
            
             
               Ye
               see
               therefore
               my
               Lords
               ,
               that
               the
               Body
               of
               the
               Statute
               cannot
               stick
               against
               the
               Lord
               Strafford
               ,
               neither
               in
               Letter
               nor
               Consequence
               ,
               this
               is
               not
               ,
               that
               must
               not
               be
               :
               All
               that
               can
               be
               said
               ,
               is
               ,
               That
               the
               Fact
               may
               be
               Treason
               by
               the
               Common
               Law.
               For
               my
               part
               ,
               I
               profess
               my
               Ignorance
               ,
               who
               ever
               thought
               the
               Common
               Law
               might
               declare
               ,
               but
               never
               make
               a
               Treason
               ;
               it
               might
               be
               presupposed
               ,
               that
               there
               is
               a
               Statute
               whereupon
               to
               build
               a
               Declaration
               ;
               and
               therefore
               ,
               to
               say
               there
               is
               no
               Statute
               for
               it
               ,
               it
               is
               to
               say
               ,
               It
               is
               no
               Treason
               at
               all
               :
               the
               Statute
               ever
               makes
               the
               Treason
               ,
               and
               to
               be
               declared
               Treason
               ,
               either
               by
               Common
               Law
               ,
               or
               by
               Parliament
               ,
               are
               but
               two
               different
               wayes
               of
               proceedings
               ,
               and
               must
               both
               resolve
               into
               one
               Principle
               ;
               nay
               ,
               and
               which
               comes
               home
               to
               the
               Point
               ,
               in
               the
               21
               of
               Edward
               the
               Third
               ;
               To
               kill
               a
               Man
               ,
               employed
               in
               the
               Kings
               War
               ,
               was
               Treason
               :
               and
               ,
               the
               23
               d
               ,
               to
               kill
               the
               King's
               Messenger
               was
               Treason
               ,
               by
               Declaration
               of
               the
               Common
               Law
               ,
               but
               alwayes
               by
               reason
               of
               the
               Statute
               ;
               yet
               none
               of
               these
               are
               Treasons
               ,
               but
               Felonies
               onely
               ,
               because
               of
               the
               intervening
               Statute
               of
               the
               25
               th
               of
               Edward
               the
               Third
               ;
               such
               hath
               ever
               been
               thought
               the
               force
               of
               its
               Letter
               and
               Declaration
               :
               and
               so
               I
               will
               leave
               it
               ,
               and
               a
               word
               or
               two
               of
               the
               Salvo
               ,
               which
               is
               this
               ,
               That
               because
               all
               particulars
               could
               not
               be
               enumerated
               ,
               therefore
               what
               the
               Parliament
               should
               declare
               to
               be
               Treasonable
               in
               time
               to
               come
               ,
               should
               be
               punished
               as
               a
               Treason
               .
            
             
             
               And
               ,
               according
               to
               this
               Reservative
               ,
               in
               the
               8
               th
               year
               of
               King
               Richard
               the
               Second
               ,
               one
               charged
               before
               the
               Kings
               Bench
               ,
               was
               afterwards
               referred
               to
               the
               Parliament
               ;
               and
               there
               ,
               though
               the
               Fact
               was
               not
               contained
               in
               the
               Body
               of
               the
               Statute
               ,
               yet
               because
               of
               the
               Proviso
               afore-mentioned
               ,
               it
               was
               Adjudged
               Treason
               .
            
             
               In
               the
               11th
               year
               of
               the
               same
               King
               ,
               the
               Duke
               of
               Ireland
               ,
               and
               Nevill
               Archbishop
               of
               York
               ,
               were
               Impeached
               of
               High-Treason
               by
               
                 Gloucester
                 ,
                 Arundel
              
               ,
               and
               Warwick
               ,
               and
               ,
               notwithstanding
               the
               Statute
               ,
               were
               convicted
               thereof
               by
               the
               Salvo
               ;
               but
               ,
               in
               the
               21
               of
               the
               same
               Richard
               the
               2
               d
               the
               Tide
               turned
               ,
               and
               the
               King
               had
               such
               a
               Hand
               with
               the
               Parliament
               ,
               that
               the
               Sentence
               was
               Recalled
               ,
               and
               those
               Three
               Noblemen
               themselves
               were
               Adjudged
               Traytors
               ;
               again
               in
               the
               1
               of
               Hen.
               the
               Fourth
               His
               Successor
               ,
               that
               Revocation
               of
               the
               21
               Richard
               the
               Second
               was
               Repealed
               ,
               and
               the
               Sentence
               of
               the
               11th
               of
               His
               Reign
               Established
               :
               Such
               were
               the
               tossings
               too
               and
               fro
               of
               Treason
               ,
               and
               all
               because
               of
               that
               uncertain
               Proviso
               .
            
             
               Therefore
               it
               was
               ,
               that
               in
               the
               same
               Parliament
               ,
               the
               1
               Hen.
               the
               Fourth
               ,
               a
               Petition
               was
               preferred
               by
               the
               Nobility
               ,
               to
               have
               Treason
               limited
               within
               some
               Statute
               ;
               Because
               they
               knew
               not
               what
               to
               speak
               ,
               or
               what
               to
               do
               for
               fear
               thereof
               :
               And
               ,
               in
               Chap.
               10.
               an
               Act
               was
               made
               upon
               this
               Petition
               ,
               That
               the
               Salvo
               should
               be
               holden
               Repealed
               in
               all
               times
               to
               come
               ,
               and
               nothing
               esteemed
               Treason
               ,
               but
               what
               was
               Literally
               contained
               in
               the
               25th
               of
               Edward
               the
               Third
               .
               And
               therefore
               it
               is
               said
               in
               the
               Records
               ,
               That
               there
               was
               Great
               Joy
               at
               the
               making
               of
               this
               Act
               ;
               in
               that
               the
               Drawn
               Sword
               ,
               hanging
               over
               every
               Mans
               head
               ,
               by
               this
               Slender
               Thread
               of
               a
               Consequence
               or
               Illation
               ,
               was
               removed
               by
               that
               Act.
               Add
               to
               this
               ,
               that
               in
               the
               First
               of
               Queen
               
                 Mary
                 ,
                 Cap.
              
               1.
               the
               same
               is
               Repeated
               ,
               That
               no
               Man
               shall
               be
               punished
               in
               Life
               or
               Estate
               ,
               as
               a
               Traytor
               ,
               but
               for
               the
               Crime
               contained
               in
               the
               Statute
               of
               25
               Edward
               the
               Third
               ,
               without
               the
               least
               mention
               of
               the
               pretended
               Salvo
               .
            
             
               The
               Earl
               of
               Northumberlands
               Case
               comes
               nigh
               to
               the
               Point
               ,
               he
               was
               charged
               with
               Treason
               the
               5th
               of
               Henry
               the
               Fourth
               ,
               and
               if
               the
               Statute
               of
               the
               1
               Henry
               4th
               ,
               Chap.
               10.
               whereby
               this
               Proviso
               is
               Repealed
               ,
               had
               not
               intervened
               ,
               no
               doubt
               he
               had
               been
               Condemned
               of
               Treason
               ;
               but
               ,
               he
               was
               onely
               Convict
               of
               Felony
               ,
               and
               that
               because
               he
               could
               not
               be
               drawn
               within
               the
               Letter
               of
               the
               Statute
               of
               the
               25th
               of
               Edward
               the
               Third
               .
               And
               ,
               I
               dare
               confidently
               say
               it
               ,
               that
               since
               that
               Act
               was
               made
               ,
               the
               1
               Henry
               the
               Fourth
               ,
               Chap.
               10.
               whereby
               the
               Proviso
               is
               Repealed
               ,
               no
               Man
               hath
               ever
               been
               declared
               a
               Traytor
               ,
               either
               by
               King
               or
               Parliament
               ,
               except
               it
               were
               upon
               that
               ,
               or
               some
               other
               Statute
               Literally
               and
               Declaratively
               taken
               .
               These
               two
               things
               I
               do
               offer
               to
               your
               Lordships
               Considerations
               ,
               That
               the
               Lord
               Strafford
               cannot
               be
               Impeached
               of
               Treason
               ,
               by
               the
               Statute
               of
               25th
               Edward
               the
               Third
               ;
               and
               ,
               that
               the
               Salvo
               ,
               contained
               in
               the
               same
               ,
               stands
               Repealed
               ,
               almost
               Two
               hundred
               years
               agoe
               .
               And
               this
               is
               all
               ,
               I
               conceive
               ,
               to
               be
               necessary
               for
               that
               Statute
               ,
               which
               was
               Alledged
               by
               the
               Lord
               Strafford
               ,
               in
               his
               Defence
               ,
               for
               matter
               of
               Law.
               
            
             
               The
               Recorder
               said
               ,
               He
               could
               add
               nothing
               to
               what
               the
               former
               Councel
               had
               spoken
               ,
               for
               matter
               of
               Law
               ;
               but
               ,
               if
               their
               Lordships
               would
               state
               unto
               him
               any
               further
               Questions
               ,
               he
               was
               ready
               to
               give
               his
               Resolution
               according
               to
               his
               best
               ability
               .
            
          
           
             
             
               Mr.
               St.
               JOHN'S
               ARGUMENT
               OF
               LAW
               ;
               CONCERNING
               The
               Bill
               of
               Attainder
               ,
               April
               29th
               ,
               1641.
               
            
             
               MY
               Lords
               ,
               The
               Knights
               ,
               Citizens
               ,
               and
               Burgesses
               of
               the
               Commons
               House
               of
               Parliament
               ,
               have
               passed
               a
               Bill
               ,
               for
               the
               Attainting
               of
               Thomas
               Earl
               of
               Strafford
               of
               High-Treason
               .
               The
               Bill
               hath
               been
               transmitted
               from
               them
               to
               your
               Lordships
               ;
               it
               concerns
               not
               him
               alone
               ,
               but
               your
               Lordships
               and
               the
               Commons
               too
               ,
               though
               in
               different
               respects
               .
            
             
               It
               concerns
               his
               Lordship
               the
               highest
               that
               can
               be
               in
               the
               Penal
               Part
               ;
               so
               it
               doth
               ,
               on
               the
               other
               side
               ,
               as
               highly
               concern
               your
               Lordships
               and
               the
               Commons
               ,
               in
               that
               which
               ought
               to
               be
               the
               tendrest
               ,
               the
               Judicatory
               within
               that
               ,
               that
               Judge
               not
               them
               who
               Judge
               him
               ,
               and
               in
               that
               which
               is
               most
               Sacred
               amonst
               Men
               ,
               the
               Publick
               Justice
               of
               the
               Kingdom
               .
            
             
               The
               King
               is
               to
               be
               accounted
               unto
               ,
               for
               the
               loss
               of
               the
               meanest
               Member
               ,
               much
               more
               of
               one
               so
               near
               the
               Head.
               
            
             
               The
               Commons
               are
               concerned
               in
               their
               Account
               for
               what
               is
               done
               ,
               your
               Lordships
               in
               that
               which
               is
               to
               be
               done
               .
            
             
               The
               business
               therefore
               of
               the
               present
               Conference
               ,
               is
               to
               acquaint
               your
               Lordships
               with
               those
               things
               ,
               that
               satisfy'd
               the
               Commons
               in
               Passing
               of
               this
               
               Bill
               ;
               such
               of
               them
               as
               have
               come
               within
               my
               capacity
               ,
               and
               ,
               that
               I
               can
               remember
               ,
               I
               am
               Commanded
               from
               the
               Commons
               at
               this
               time
               ,
               to
               present
               unto
               your
               Lordships
               .
            
             
               My
               Lords
               ,
               in
               Judgment
               of
               greatest
               Moment
               ,
               there
               are
               but
               two
               wayes
               for
               satisfying
               those
               ,
               that
               are
               to
               give
               them
               ;
               either
               the
               
                 Lex
                 lata
              
               ,
               the
               Law
               already
               established
               ,
               or
               else
               the
               use
               of
               the
               same
               Power
               for
               making
               new
               Laws
               ,
               whereby
               the
               old
               at
               first
               received
               life
               .
            
             
               In
               the
               first
               consideration
               of
               the
               setled
               Laws
               ,
               in
               the
               degrees
               of
               Punishment
               ,
               the
               Positive
               Law
               ,
               received
               by
               General
               Consent
               ,
               and
               for
               the
               Common
               Good
               ,
               is
               sufficient
               ,
               to
               satisfie
               the
               Conscience
               of
               the
               Judge
               ,
               in
               giving
               Judgment
               according
               to
               them
               .
            
             
               In
               several
               Countries
               ,
               there
               is
               not
               the
               same
               measure
               of
               Punishment
               ,
               for
               one
               and
               the
               same
               Offence
               ;
               Willful
               Murder
               in
               Ireland
               it
               is
               Treason
               ,
               and
               so
               is
               the
               wilfull
               Burning
               of
               a
               House
               ,
               or
               a
               Stack
               of
               Corne
               :
               In
               the
               Isle
               of
               Man
               it
               is
               Felony
               to
               Steal
               a
               Hen
               ,
               but
               not
               to
               steale
               a
               Horse
               ;
               and
               yet
               the
               Judge
               in
               Ireland
               ,
               hath
               as
               just
               a
               Ground
               to
               give
               Judgement
               of
               High-Treason
               in
               those
               Cases
               there
               ,
               as
               here
               to
               give
               Judgment
               onely
               of
               Felony
               ;
               and
               in
               the
               Isle
               of
               Man
               of
               Felony
               for
               the
               Hen
               ,
               as
               here
               of
               Pety-Larceny
               .
            
             
               My
               Lords
               ,
               in
               the
               other
               Consideration
               of
               using
               the
               Supreame
               Power
               ,
               the
               same
               Law
               gives
               power
               to
               the
               Parliament
               to
               make
               new
               Lawes
               ,
               that
               enables
               the
               inferiour
               Court
               ,
               to
               Judge
               according
               to
               the
               old
               .
               The
               Rules
               that
               guides
               the
               Conscience
               of
               the
               inferiour
               Court
               is
               from
               without
               ,
               the
               Prescripts
               of
               the
               Parliament
               ,
               and
               of
               the
               Common-Law
               ;
               in
               the
               other
               ,
               the
               Rule
               is
               from
               within
               ,
               that
               
                 Salus
                 populi
              
               be
               concerned
               ,
               that
               there
               be
               no
               wilful
               oppression
               of
               any
               of
               the
               Fellow-Members
               ,
               that
               no
               more
               Blood
               be
               taken
               then
               what
               is
               necessary
               for
               the
               Cure
               ,
               the
               Lawes
               and
               Customes
               of
               the
               Realm
               as
               well
               enable
               the
               Exercise
               of
               this
               ,
               as
               of
               the
               Ordinary
               and
               Judicial
               Power
               .
            
             
               My
               Lords
               ,
               What
               hath
               been
               said
               ,
               is
               because
               that
               this
               proceeding
               of
               the
               Commons
               by
               way
               of
               Bill
               ,
               implies
               the
               use
               of
               the
               meer
               Legislative
               Power
               ,
               in
               respect
               new
               Lawes
               are
               for
               the
               most
               part
               past
               by
               Bill
               .
            
             
               This
               ,
               my
               Lords
               ,
               though
               just
               and
               legal
               ,
               and
               therefore
               not
               wholly
               excluded
               ;
               yet
               it
               was
               not
               the
               onely
               ground
               that
               put
               the
               Commons
               upon
               the
               Bill
               ,
               they
               did
               not
               intend
               to
               make
               a
               new
               Treason
               ,
               and
               to
               Condemn
               my
               Lord
               of
               Strafford
               for
               it
               ;
               they
               had
               in
               it
               other
               considerations
               likewise
               ,
               which
               were
               to
               this
               effect
               .
            
             
               First
               ,
               The
               Commons
               knew
               ,
               that
               in
               all
               former
               Ages
               ,
               if
               doubts
               of
               Law
               arose
               of
               great
               and
               general
               concernments
               ,
               the
               Parliament
               was
               usually
               consulted
               withal
               for
               resolution
               ,
               which
               is
               the
               reason
               that
               many
               Acts
               of
               Parliament
               are
               onely
               Declarative
               of
               the
               Old
               Law
               ,
               not
               Introductive
               of
               a
               New
               ,
               as
               the
               Great
               Charter
               of
               our
               Liberties
               ;
               The
               Statute
               of
               Five
               and
               Twentieth
               year
               of
               Edward
               the
               Third
               of
               Treasons
               ;
               The
               Statute
               of
               the
               Prerogative
               ,
               and
               of
               late
               the
               Petition
               of
               Right
               ;
               if
               the
               Law
               were
               doubtful
               in
               this
               Case
               ,
               they
               perceived
               the
               Parliament
               (
               where
               the
               old
               way
               is
               altered
               ,
               and
               new
               Lawes
               made
               )
               the
               fittest
               Judge
               to
               clear
               this
               Doubt
               .
            
             
               Secondly
               ,
               My
               Lords
               ,
               they
               proceeded
               this
               way
               ,
               to
               obviate
               those
               Scruples
               and
               Delayes
               ,
               which
               through
               disuse
               of
               proceedings
               of
               this
               nature
               ,
               might
               have
               risen
               in
               the
               manner
               and
               way
               of
               proceedings
               ,
               since
               the
               Statute
               of
               the
               First
               of
               Hen.
               4.
               
               Cap.
               17.
               and
               more
               fully
               in
               the
               Roll
               ,
               number
               144.
               
               The
               proceedings
               of
               Parliament
               have
               usually
               been
               upon
               an
               Indictment
               first
               found
               ,
               though
               in
               Cases
               of
               Treason
               particularly
               mentioned
               in
               the
               Statute
               
               of
               25
               Edw.
               3.
               which
               had
               not
               been
               done
               in
               this
               case
               ;
               doubts
               likewise
               might
               rise
               ,
               for
               Treasons
               ,
               not
               particularly
               mentioned
               in
               the
               Statute
               of
               25
               Edw.
               3.
               whether
               the
               Declaratory
               Power
               of
               Parliament
               be
               taken
               away
               ,
               in
               what
               manner
               they
               were
               to
               be
               made
               ,
               and
               by
               whom
               ,
               they
               find
               not
               any
               Attainders
               of
               Treason
               in
               Parliament
               ,
               for
               near
               this
               200
               years
               ,
               but
               by
               this
               way
               of
               Bill
               ;
               and
               again
               ,
               they
               know
               that
               whatsoever
               could
               be
               done
               any
               other
               way
               ,
               it
               might
               be
               done
               by
               this
               .
            
             
               Thirdly
               ,
               In
               respect
               of
               the
               Proofs
               and
               Depositions
               ,
               that
               have
               been
               made
               against
               him
               ;
               for
               First
               ,
               although
               they
               knew
               not
               ,
               but
               that
               the
               whole
               Evidence
               which
               hath
               been
               given
               at
               the
               Barr
               ,
               in
               every
               part
               of
               it
               ,
               is
               sufficiently
               comprehended
               within
               the
               charge
               ,
               yet
               if
               therein
               they
               should
               be
               mistaken
               ,
               if
               it
               should
               prove
               otherwise
               ,
               use
               may
               justly
               be
               made
               of
               such
               Evidence
               in
               this
               way
               of
               Bill
               ,
               wherein
               so
               as
               Evidence
               be
               given
               in
               ;
               it
               's
               no
               way
               requisite
               that
               there
               should
               have
               been
               any
               Articles
               or
               Charge
               at
               all
               ;
               and
               so
               in
               the
               case
               of
               double
               Testimony
               upon
               the
               Statute
               of
               the
               1
               of
               Edw.
               6.
               whether
               one
               direct
               Witness
               ,
               with
               others
               ,
               to
               circumstances
               ,
               had
               been
               single
               or
               double
               Testimony
               ?
               And
               although
               single
               Testimony
               might
               be
               sufficient
               to
               satisfy
               private
               Consciences
               ,
               yet
               how
               far
               it
               would
               have
               been
               satisfactory
               in
               a
               judicial
               way
               ,
               (
               where
               forms
               of
               Law
               are
               more
               to
               be
               stood
               upon
               )
               was
               not
               so
               clear
               ;
               whereas
               in
               their
               way
               of
               Bill
               ,
               private
               satisfaction
               to
               each
               mans
               Conscience
               is
               sufficient
               ,
               although
               no
               Evidence
               had
               been
               given
               in
               at
               all
               .
            
             
               My
               Lords
               ,
               The
               proceeding
               by
               way
               of
               Bill
               ,
               it
               was
               not
               to
               decline
               your
               Lordships
               Justice
               in
               the
               judicial
               way
               ,
               in
               these
               exigends
               of
               the
               State
               and
               Kingdom
               ;
               it
               was
               to
               Husband
               time
               ,
               by
               silencing
               those
               doubts
               ,
               they
               conceived
               it
               the
               speediest
               and
               surest
               way
               .
            
             
               My
               Lords
               ,
               these
               are
               in
               effect
               ,
               the
               things
               the
               Commons
               took
               into
               their
               Consideration
               ,
               in
               respect
               of
               the
               manner
               and
               way
               of
               Proceeding
               against
               the
               Earl.
               
            
             
               In
               the
               next
               place
               I
               am
               to
               declare
               unto
               your
               Lordships
               ,
               the
               things
               they
               took
               into
               their
               Considerations
               ,
               in
               respect
               of
               the
               Matter
               and
               Merits
               of
               the
               Cause
               ,
               and
               they
               are
               comprehended
               within
               these
               six
               heads
               .
            
             
               1.
               
               That
               there
               is
               a
               Treason
               within
               the
               Statute
               of
               25
               of
               Edw.
               III.
               by
               Levying
               of
               War
               upon
               the
               Matter
               of
               the
               15th
               Article
               .
            
             
               2.
               
               If
               not
               by
               actual
               levying
               of
               War
               ,
               yet
               by
               advising
               ,
               and
               declaring
               his
               intention
               of
               War
               ,
               and
               that
               by
               Savil's
               Warrant
               ,
               and
               advice
               of
               bringing
               over
               the
               Irish
               Army
               upon
               the
               Matter
               in
               the
               23
               Article
               ;
               then
               intending
               of
               a
               War
               ,
               if
               not
               within
               the
               clause
               of
               levying
               of
               a
               War
               ,
               in
               the
               Statute
               of
               25th
               Edw
               ,
               3.
               yet
               within
               the
               first
               Treason
               ,
               of
               compassing
               the
               death
               of
               the
               King.
               
            
             
               3.
               
               If
               either
               of
               these
               two
               single
               Acts
               ,
               is
               within
               the
               Statute
               of
               25th
               Edw.
               3.
               yet
               upon
               putting
               all
               together
               ,
               which
               hath
               been
               proved
               against
               him
               ,
               that
               there
               's
               a
               Treason
               within
               the
               first
               Clause
               ,
               of
               Compassing
               the
               death
               of
               the
               King.
               
               
                 
                   Et
                   si
                   non
                   Prosunt
                   singula
                   juncta
                   juvant
                   .
                
              
            
             
             
               4.
               
               That
               he
               hath
               Sessed
               ,
               and
               laid
               Soldiers
               upon
               the
               Subjects
               of
               Ireland
               ,
               against
               their
               Will
               ,
               and
               at
               their
               Charge
               ,
               within
               the
               Irish
               Statute
               of
               the
               18th
               year
               of
               Hen.
               6th
               .
               that
               both
               Person
               and
               thing
               are
               within
               the
               Statute
               ;
               That
               the
               Statute
               remains
               in
               force
               to
               this
               day
               ,
               that
               the
               Parliament
               here
               hath
               cognizance
               of
               it
               ,
               and
               that
               even
               in
               the
               ordinary
               way
               of
               Judicature
               ,
               that
               if
               there
               be
               a
               Treason
               and
               a
               Traitor
               ,
               that
               the
               want
               of
               Jurisdiction
               ,
               in
               the
               judicial
               way
               ,
               may
               justly
               be
               supplied
               by
               Bill
               .
            
             
               5.
               
               That
               his
               endeavouring
               to
               subvert
               the
               Fundamental
               Laws
               and
               Government
               of
               the
               Realms
               of
               England
               and
               Ireland
               ;
               and
               instead
               thereof
               ,
               to
               introduce
               a
               Tyrannical
               Government
               against
               Law
               ,
               is
               Treason
               by
               the
               Common-Law
               ;
               That
               Treasons
               at
               the
               Common-Law
               are
               not
               taken
               away
               by
               the
               Statute
               of
               25th
               Edw.
               3.
               1
               
               Hen.
               4th
               .
               &c.
               nor
               any
               of
               them
               .
            
             
               6.
               
               That
               as
               this
               case
               stands
               ,
               it
               's
               just
               and
               necessary
               to
               resort
               to
               the
               Supream
               Power
               in
               Parliament
               ,
               in
               case
               all
               the
               rest
               should
               fail
               .
            
             
               Of
               these
               six
               ,
               five
               of
               them
               are
               Treason
               ,
               within
               the
               compass
               of
               the
               Laws
               already
               established
               ,
               Three
               within
               the
               Statute
               of
               25th
               Edw.
               3.
               and
               one
               within
               the
               Irish
               Statute
               ,
               the
               other
               by
               the
               Common-Law
               of
               England
               .
            
             
               If
               but
               any
               one
               of
               these
               Six
               Considerations
               hold
               ,
               the
               Commons
               conceive
               ,
               that
               upon
               the
               whole
               matter
               ,
               they
               had
               good
               cause
               to
               pass
               the
               Bill
               .
            
             
               My
               Lords
               ,
               For
               the
               first
               ,
               of
               Levying
               War
               ,
               I
               shall
               make
               bold
               to
               read
               the
               case
               to
               your
               Lordships
               before
               I
               speak
               to
               it
               ,
               It
               's
               thus
               .
               The
               Earl
               did
               by
               Warrant
               under
               his
               Hand
               and
               Seal
               ,
               give
               Authority
               to
               
                 Robert
                 Savil
              
               ,
               a
               Sergeant
               at
               Arms
               ,
               and
               his
               Deputies
               ,
               to
               Sesse
               such
               numbers
               of
               Soldiers
               ,
               Horse
               and
               Foot
               ,
               of
               the
               Army
               in
               Ireland
               ,
               together
               with
               an
               Officer
               ,
               as
               the
               Sergeant
               should
               think
               fit
               ,
               upon
               His
               Majesties
               Subjects
               of
               Ireland
               ,
               against
               their
               Will
               ;
               this
               Warrant
               was
               granted
               by
               the
               Earl
               to
               the
               end
               ,
               to
               compell
               the
               Subjects
               of
               Ireland
               to
               submit
               ,
               to
               the
               unlawful
               Summons
               and
               Orders
               made
               by
               the
               Earl
               upon
               Paper
               Petitions
               ,
               exhibited
               to
               him
               in
               case
               of
               private
               interest
               between
               party
               and
               party
               ;
               this
               Warrant
               was
               executed
               by
               Savil
               and
               his
               Deputies
               ,
               by
               sessing
               of
               Soldiers
               ,
               both
               Horse
               and
               Foot
               ,
               upon
               divers
               of
               the
               Subjects
               of
               Ireland
               against
               their
               Wills
               ,
               in
               warlike
               manner
               ,
               and
               at
               divers
               times
               the
               Soldiers
               continued
               upon
               the
               parties
               ,
               upon
               whom
               they
               were
               sessed
               ,
               and
               wasted
               their
               Goods
               ,
               until
               such
               time
               as
               they
               had
               submitted
               themselves
               ,
               unto
               those
               Summons
               and
               Orders
               .
            
             
               My
               Lords
               ,
               This
               is
               a
               Levying
               War
               within
               the
               Statute
               of
               25th
               Edw.
               3.
               
               The
               words
               of
               the
               Statute
               are
               ,
               
                 If
                 any
                 man
                 do
                 Levy
                 War
                 against
                 our
                 Lord
                 the
                 King
                 in
                 His
                 Realm
                 ,
                 this
                 is
                 declared
                 Treason
                 .
              
            
             
               I
               shall
               endeavour
               in
               this
               to
               make
               clear
               to
               your
               Lordships
               ,
            
             
               
                 1.
                 
                 What
                 shall
                 be
                 a
                 Levying
                 of
                 War
                 ,
                 in
                 respect
                 of
                 the
                 motive
                 or
                 cause
                 of
                 it
                 .
              
               
                 2.
                 
                 What
                 shall
                 be
                 said
                 a
                 Levying
                 of
                 War
                 ,
                 in
                 respect
                 of
                 the
                 action
                 or
                 thing
                 done
                 .
              
               
                 3.
                 
                 And
                 in
                 the
                 third
                 place
                 ,
                 I
                 shall
                 apply
                 them
                 to
                 the
                 present
                 case
                 .
              
            
             
               It
               will
               be
               granted
               in
               this
               levying
               of
               War
               ,
               that
               Forces
               may
               be
               raised
               ,
               and
               likewise
               used
               in
               Warlike
               manner
               ,
               and
               yet
               no
               levying
               of
               War
               within
               the
               Statute
               ,
               that
               is
               ,
               when
               the
               Forces
               are
               raised
               and
               employed
               upon
               private
               ends
               ,
               either
               of
               revenge
               or
               interest
               .
            
             
             
               Before
               this
               Statute
               in
               Edw.
               the
               1.
               time
               ,
               the
               Title
               of
               a
               Castle
               was
               in
               difference
               between
               the
               Earls
               of
               Hereford
               and
               Gloucester
               ,
               for
               the
               maintaining
               of
               the
               possession
               on
               the
               one
               side
               ,
               and
               gaining
               of
               it
               on
               the
               other
               ;
               Forces
               were
               raised
               on
               either
               side
               of
               many
               hundred
               men
               ;
               they
               marched
               with
               Banners
               displayed
               ,
               one
               against
               another
               .
               In
               the
               Parliament
               ,
               in
               the
               20th
               year
               of
               Edward
               1.
               this
               was
               adjudged
               only
               Trespass
               ,
               and
               either
               of
               the
               Earls
               Fined
               1000
               Marks
               apiece
               .
            
             
               After
               the
               Statute
               in
               
                 Hillary
                 Term
              
               ,
               in
               the
               15th
               year
               of
               Edw.
               the
               3.
               in
               the
               
                 Kings-Bench
                 Rot.
              
               3.
               
               
                 Nicholas
                 Huntercome
              
               in
               Warlike
               manner
               with
               40
               men
               ,
               armed
               amongst
               other
               weapons
               ,
               with
               Guns
               (
               so
               antient
               ,
               as
               appears
               by
               that
               Record
               ,
               they
               were
               )
               did
               much
               spoil
               in
               the
               Mannor
               of
               the
               Abby
               of
               Dorchester
               ,
               in
               the
               County
               of
               Oxford
               ,
               this
               was
               accounted
               no
               Treason
               ,
               and
               so
               it
               hath
               been
               held
               by
               the
               Judges
               ,
               That
               if
               one
               or
               more
               Town-ship
               ,
               upon
               pretence
               of
               saving
               their
               Commons
               ,
               do
               in
               a
               forcible
               and
               warlike
               manner
               throw
               in
               inclosures
               ,
               this
               is
               only
               a
               Riot
               ,
               no
               Treason
               .
            
             
               The
               words
               of
               the
               Statute
               25
               Edw.
               3.
               clear
               this
               point
               ,
               that
               if
               any
               man
               ride
               Armed
               openly
               or
               secretly
               with
               men
               at
               Arms
               ,
               against
               any
               other
               ,
               to
               kill
               and
               rob
               ,
               or
               to
               detain
               him
               until
               he
               hath
               made
               Fine
               and
               Ransome
               for
               his
               deliverance
               ,
               this
               is
               declared
               not
               to
               be
               Treason
               ,
               but
               Felony
               or
               Trespass
               ,
               as
               the
               Case
               shall
               require
               :
               all
               the
               printed
               Statutes
               which
               have
               it
               covertly
               or
               secret
               ,
               are
               misprinted
               ,
               for
               the
               words
               in
               the
               Parliament
               Roll
               ,
               as
               appears
               in
               the
               17th
               .
               are
               ,
               
                 Discovertment
                 on
                 Secretement
              
               ,
               Open
               or
               Secretly
               .
            
             
               So
               that
               my
               Lords
               ,
               in
               this
               of
               Levying
               War
               ,
               the
               Act
               is
               not
               so
               much
               to
               be
               
               considered
               ,
               but
               as
               in
               all
               other
               Treasons
               and
               Felonies
               ,
               
                 quo
                 animo
              
               ,
               with
               what
               intent
               and
               purpose
               ?
            
             
               My
               Lords
               ,
               If
               the
               end
               be
               considerable
               in
               Levying
               War
               ,
               it
               may
               be
               said
               that
               it
               cannot
               be
               a
               War
               ,
               unless
               against
               the
               King
               ,
               for
               the
               words
               of
               the
               Statute
               are
               ,
               
                 If
                 any
                 man
                 Levy
                 War
                 against
                 the
                 King.
                 
              
            
             
               That
               these
               words
               extend
               further
               than
               to
               the
               person
               of
               the
               King
               ,
               appears
               
               by
               the
               words
               of
               the
               Statute
               ,
               which
               in
               the
               beginning
               declares
               it
               to
               be
               Treason
               ,
               to
               compass
               and
               imagine
               the
               death
               of
               the
               King
               ,
               and
               after
               other
               Treasons
               ,
               this
               is
               to
               be
               declared
               to
               be
               Treason
               ,
               to
               Levy
               War
               against
               the
               King
               ;
               If
               Levying
               of
               War
               ,
               extend
               no
               further
               than
               to
               the
               Person
               of
               the
               King
               ,
               these
               words
               of
               the
               Statute
               are
               to
               no
               purpose
               ,
               for
               then
               the
               first
               Treason
               of
               compassing
               the
               Kings
               death
               ,
               had
               fully
               included
               it
               before
               ,
               because
               that
               he
               which
               Levies
               War
               against
               the
               Person
               of
               the
               King
               ,
               doth
               necessarily
               compass
               his
               death
               .
            
             
               It
               's
               a
               War
               against
               the
               King
               ,
               when
               intended
               for
               alteration
               of
               the
               Laws
               or
               Government
               in
               any
               part
               of
               them
               ,
               or
               to
               destroy
               any
               of
               the
               Great
               Officers
               of
               the
               Kingdom
               .
               This
               is
               a
               Levying
               War
               against
               the
               King.
               
            
             
               1.
               
               Because
               the
               King
               doth
               protect
               and
               maintain
               the
               Laws
               in
               every
               part
               of
               them
               ,
               and
               the
               great
               Officers
               ,
               to
               whose
               care
               ,
               he
               hath
               in
               his
               own
               stead
               ,
               delegated
               the
               execution
               of
               them
               .
            
             
               2.
               
               Because
               they
               are
               the
               Kings
               Laws
               ,
               he
               is
               the
               Fountain
               from
               whence
               in
               their
               several
               Channels
               ,
               they
               are
               derived
               to
               the
               Subject
               :
               all
               our
               Indictments
               run
               thus
               ,
               Trespasses
               laid
               to
               be
               done
               ,
               
                 Contra
                 pacem
                 Domini
                 Regis
              
               ,
               the
               Kings
               Peace
               for
               exorbitant
               offences
               ,
               though
               not
               intended
               against
               the
               King's
               Person
               ,
               against
               the
               King
               ,
               his
               Crown
               and
               Dignity
               .
            
             
               My
               Lords
               ,
               this
               construction
               is
               made
               good
               ,
               by
               divers
               Authorities
               of
               great
               weight
               ,
               ever
               since
               the
               Statute
               of
               25th
               of
               Edw.
               3.
               downwards
               .
            
             
             
               In
               R.
               the
               2.
               time
               ,
               Sir
               
                 Tho.
                 Talbot
              
               conspired
               the
               death
               of
               the
               Dukes
               of
               Glocester
               and
               Lancaster
               ,
               and
               some
               other
               of
               the
               Peers
               ;
               for
               the
               effecting
               of
               it
               ,
               he
               had
               caused
               several
               People
               in
               the
               County
               of
               Chester
               ,
               to
               be
               Armed
               in
               Warlike
               manner
               in
               Assemblies
               in
               the
               Parliament
               ,
               held
               in
               the
               17th
               year
               of
               R.
               2.
               
               N
               o
               20.
               
               Sir
               
                 Thomas
                 Talbot
              
               being
               accused
               of
               High
               Treason
               for
               this
               :
               It
               's
               there
               declared
               ,
               insomuch
               as
               one
               of
               them
               was
               Lord
               High
               Steward
               of
               England
               ,
               and
               the
               other
               High
               Constable
               ,
               that
               this
               was
               done
               in
               destruction
               of
               the
               Estates
               of
               the
               Realm
               ,
               and
               of
               the
               Laws
               of
               the
               Kingdom
               ,
               and
               therefore
               adjudged
               Treason
               ,
               and
               the
               Judgement
               sent
               down
               into
               the
               
                 Kings
                 Bench
              
               ,
               as
               appears
               ,
               Easter
               Term
               ,
               in
               the
               17th
               year
               of
               R.
               2.
               in
               the
               
                 Kings
                 Bench
                 Rot.
              
               16th
               .
               These
               two
               Lords
               had
               appeared
               in
               the
               11th
               of
               R.
               2
               in
               maintainance
               of
               the
               Act
               of
               Parliament
               made
               in
               the
               year
               before
               ,
               one
               of
               them
               was
               of
               the
               Commissioners
               appointed
               by
               Parliament
               ,
               and
               one
               of
               the
               Appealors
               of
               those
               who
               would
               have
               overthrown
               it
               .
            
             
               The
               Duke
               of
               Lancaster
               likewise
               was
               one
               of
               the
               Lords
               ,
               that
               was
               to
               have
               been
               Indicted
               of
               Treason
               ,
               for
               endeavouring
               the
               maintenance
               of
               it
               ;
               and
               therefore
               conspiring
               of
               their
               deaths
               ,
               is
               said
               to
               be
               in
               destruction
               of
               their
               Laws
               ;
               This
               there
               is
               declared
               to
               be
               Treason
               ,
               that
               concerned
               the
               Person
               of
               the
               King
               and
               Common-wealth
               .
            
             
               In
               that
               great
               insurrection
               of
               the
               Villains
               ,
               and
               meaner
               People
               ,
               in
               Richard
               the
               II.
               time
               ,
               they
               took
               an
               Oath
               ,
               
                 Quod
                 Regi
                 &
                 Communibus
                 fidelitatem
                 servarent
                 ,
              
               to
               be
               true
               to
               the
               King
               and
               Commons
               ,
               and
               that
               they
               would
               take
               nothing
               but
               what
               they
               paid
               for
               ,
               punished
               all
               theft
               with
               death
               ;
               here
               's
               no
               intendment
               against
               the
               Person
               of
               the
               King
               ;
               The
               intent
               was
               ,
               to
               establish
               the
               Laws
               of
               Villanage
               and
               Servitude
               ,
               to
               burn
               all
               the
               Records
               ,
               to
               kill
               the
               Judges
               :
               This
               in
               the
               Parliament
               of
               the
               5th
               year
               of
               R.
               2.
               
               No.
               31
               ,
               32.
               the
               First
               Part
               ,
               is
               declared
               to
               be
               Treason
               against
               the
               King
               ,
               and
               against
               the
               Law.
               
            
             
               In
               the
               11th
               year
               of
               R.
               2.
               in
               Parliament
               ,
               the
               raising
               of
               Forces
               against
               the
               Commissioners
               ,
               appointed
               by
               Act
               of
               Parliament
               the
               year
               before
               ,
               adjudged
               Treason
               by
               all
               the
               Judges
               .
            
             
               The
               Statute
               I
               mo
               
                 Mary
                 Cap.
              
               12.
               
               Enacts
               ,
               That
               if
               12
               or
               more
               shall
               endeavour
               by
               force
               ,
               to
               alter
               any
               of
               the
               Laws
               or
               Statutes
               of
               the
               Kingdom
               ,
               he
               shall
               from
               such
               a
               time
               there
               limited
               ,
               be
               adjudged
               only
               as
               a
               Felon
               .
               This
               Act
               was
               to
               continue
               but
               to
               the
               next
               Parliament
               ,
               it
               is
               expired
               ,
               it
               shews
               by
               the
               words
               only
               ,
               that
               the
               offence
               was
               higher
               before
               the
               making
               it
               .
            
             
               
                 My
                 Lords
              
               ,
               In
               Queen
               Elizabeths
               time
               ,
               Grant
               and
               divers
               Apprentices
               of
               London
               ,
               to
               the
               number
               of
               200.
               rose
               ,
               and
               assembled
               at
               Tower-hill
               ,
               carried
               a
               Cloak
               upon
               a
               Pole
               instead
               of
               a
               Banner
               ,
               their
               intent
               was
               to
               deliver
               divers
               Apprentices
               out
               of
               Prison
               ,
               that
               had
               been
               committed
               upon
               a
               Sentence
               in
               the
               Star-Chamber
               for
               Riots
               ,
               to
               kill
               the
               Lord
               Mayor
               of
               London
               ,
               and
               for
               setting
               prizes
               on
               Victuals
               .
               In
               Trinity
               Term
               ,
               37
               Eliz.
               divers
               of
               the
               Judges
               were
               consulted
               withal
               ,
               and
               resolved
               ,
               That
               this
               was
               a
               Levying
               of
               War
               against
               the
               Queen
               ,
               being
               intended
               against
               the
               Government
               and
               Officers
               of
               the
               Queen
               ,
               and
               therefore
               Grant
               and
               others
               were
               executed
               as
               Traitors
               .
            
             
               Afterwards
               ,
               in
               that
               Queens
               time
               ,
               divers
               of
               the
               County
               of
               Oxford
               consulted
               ,
               to
               go
               together
               from
               House
               to
               House
               in
               that
               County
               ,
               and
               thence
               to
               London
               and
               other
               parts
               ,
               to
               excite
               them
               to
               take
               up
               Arms
               ,
               for
               the
               throwing
               in
               of
               all
               inclosures
               throughout
               England
               .
               Nothing
               was
               done
               ,
               nor
               no
               assembly
               .
               Yet
               the
               Statute
               of
               13
               
                 Eliz.
                 Cap.
              
               1.
               during
               the
               Queens
               Life
               ,
               made
               it
               Treason
               ,
               to
               intend
               ,
               or
               advise
               to
               Levy
               War
               against
               the
               Queen
               .
            
             
               In
               Easter
               Term
               39
               of
               Eliz.
               all
               the
               Judges
               of
               England
               met
               about
               the
               Case
               ,
               it
               was
               resolved
               by
               them
               ,
               that
               this
               was
               a
               War
               intended
               against
               the
               Queen
               ;
               they
               agreed
               ,
               That
               if
               it
               had
               been
               of
               one
               Township
               or
               more
               ,
               upon
               
               private
               interest
               ,
               and
               claim
               of
               right
               of
               Common
               ,
               it
               had
               not
               been
               Treason
               ,
               but
               this
               was
               to
               throw
               in
               all
               Inclosures
               through
               the
               Kingdom
               ,
               whereunto
               these
               parties
               should
               pretend
               no
               claim
               .
               That
               it
               was
               against
               the
               Law
               ,
               in
               regard
               that
               the
               Statute
               of
               Merton
               gave
               power
               of
               Inclosures
               in
               many
               Cases
               :
               upon
               this
               resolution
               Bradsaw
               and
               Burton
               were
               executed
               at
               Aynestow-hill
               in
               Oxfordshire
               ,
               the
               place
               where
               they
               intended
               the
               first
               Rendezvous
               .
            
             
               So
               that
               my
               Lords
               ,
               if
               the
               end
               of
               it
               be
               to
               overthrow
               any
               of
               the
               Statutes
               ,
               any
               part
               of
               the
               Law
               and
               setled
               Government
               ,
               or
               any
               of
               the
               great
               Officers
               intrusted
               with
               the
               execution
               of
               them
               ,
               This
               is
               a
               War
               against
               the
               King.
               
            
             
               My
               Lords
               ,
               It
               will
               be
               further
               considerable
               ,
               what
               shall
               be
               accounted
               a
               Levying
               of
               War
               ,
               in
               respect
               of
               the
               actions
               and
               things
               done
               ;
               there
               's
               a
               design
               to
               alter
               some
               part
               of
               the
               Laws
               ,
               and
               present
               Government
               ,
               for
               the
               effecting
               thereof
               ,
               People
               be
               provided
               of
               Arms
               ,
               gathered
               together
               into
               Troops
               ,
               but
               afterwards
               march
               not
               with
               Banners
               displayed
               ,
               nor
               do
               
                 bellum
                 percutere
              
               ,
               whether
               the
               Army
               themselves
               ,
               and
               gathering
               together
               upon
               this
               design
               ,
               be
               a
               War
               ,
               or
               such
               prosecution
               of
               the
               Design
               with
               force
               ,
               as
               makes
               it
               Treason
               within
               the
               Statute
               ?
            
             
               First
               ,
               If
               this
               be
               not
               a
               War
               ,
               in
               respect
               that
               it
               necessarily
               occasions
               hostile
               preparations
               on
               the
               other
               side
               .
            
             
               Secondly
               ,
               From
               the
               words
               of
               the
               Statute
               ,
               shall
               Levy
               War
               ,
               and
               be
               thereof
               probably
               Attainted
               of
               open
               Deed
               ,
               by
               People
               of
               their
               condition
               ;
               altho
               the
               bare
               conspiring
               be
               not
               an
               open
               Deed
               ,
               yet
               whether
               the
               Arming
               and
               Drawing
               of
               men
               together
               ,
               be
               not
               an
               open
               Declaration
               of
               War
               ?
            
             
               In
               Sir
               
                 Thomas
                 Talbots
              
               Case
               before
               cited
               ,
               in
               the
               Seventeenth
               year
               of
               R.
               II.
               the
               Acts
               of
               Force
               are
               expressed
               in
               the
               Parliament
               Roll
               ;
               That
               he
               caused
               divers
               of
               the
               People
               of
               the
               County
               of
               Chester
               ,
               to
               be
               armed
               in
               a
               Warlike
               manner
               in
               Assemblies
               ,
               here
               is
               no
               Marching
               ,
               no
               Banners
               displayed
               .
            
             
               In
               the
               Eighth
               year
               of
               Hen.
               VIII
               .
               
                 William
                 Bell
              
               and
               
                 Thomas
                 Lacy
              
               in
               
                 Com.
                 Kanc.
              
               conspired
               with
               
                 Thomas
                 Cheyney
              
               ,
               called
               the
               
                 Hermite
                 of
                 the
                 Queen
                 of
                 Faries
                 ,
              
               to
               overthrow
               the
               Law
               and
               Customs
               of
               the
               Realm
               ;
               and
               for
               the
               effecting
               of
               it
               ,
               they
               with
               Two
               hundred
               more
               ,
               met
               together
               ,
               and
               concluded
               upon
               a
               course
               of
               raising
               greater
               Forces
               in
               the
               County
               of
               Kent
               ,
               and
               the
               adjacent
               Shires
               :
               This
               adjudged
               Treason
               ;
               these
               were
               open
               Acts.
               
            
             
               My
               Lords
               ,
               For
               the
               application
               of
               both
               these
               ,
               to
               the
               case
               in
               question
               :
            
             
               First
               ,
               In
               respect
               of
               the
               end
               of
               it
               ;
               here
               was
               a
               War
               against
               the
               King
               ,
               it
               was
               to
               subvert
               the
               Laws
               ,
               this
               being
               the
               design
               ;
               for
               the
               effecting
               of
               it
               ,
               he
               assumed
               to
               his
               own
               Person
               an
               Arbitrary
               Power
               over
               the
               Lives
               ,
               Liberties
               ,
               and
               Estates
               of
               His
               Majesties
               Subjects
               ,
               and
               determined
               Causes
               upon
               Paper-Petitions
               ,
               at
               his
               own
               Will
               and
               Pleasure
               ;
               Obedience
               must
               be
               forced
               by
               the
               Army
               ,
               this
               is
               declared
               by
               the
               Warrant
               .
            
             
               My
               Lords
               ,
               If
               it
               be
               said
               that
               the
               Warrant
               expresseth
               not
               any
               intent
               of
               subverting
               the
               Laws
               ;
               It
               expresseth
               fully
               one
               of
               the
               principal
               means
               ,
               whereby
               this
               was
               to
               be
               done
               ,
               that
               is
               ,
               obedience
               to
               his
               arbitrary
               Orders
               upon
               Paper-Petitions
               ;
               This
               was
               done
               in
               reference
               to
               the
               main
               design
               .
            
             
               In
               the
               cases
               of
               the
               Town
               of
               Cambridge
               and
               Sir
               
                 William
                 Cogan
              
               ,
               they
               have
               formerly
               been
               cited
               to
               your
               Lordships
               upon
               other
               occasions
               ,
               the
               things
               in
               themselves
               were
               not
               Treason
               ,
               they
               were
               not
               a
               Levying
               of
               War.
               
            
             
               In
               that
               of
               Cambridge
               ,
               the
               Town
               met
               together
               ,
               and
               in
               a
               forcible
               manner
               broke
               up
               the
               University-Treasury
               ,
               and
               took
               out
               of
               it
               the
               Records
               ,
               and
               Evidences
               of
               the
               Liberties
               of
               the
               University
               over
               the
               Town
               .
            
             
             
               In
               the
               other
               ,
               they
               of
               Bridgewater
               marched
               to
               the
               Hospital
               ,
               and
               compelled
               the
               Master
               of
               the
               Hospital
               ,
               to
               deliver
               unto
               them
               certain
               Evidences
               that
               concerned
               the
               Town
               ,
               and
               forced
               him
               to
               enter
               into
               a
               Bond
               of
               200
               l.
               
            
             
               These
               if
               done
               upon
               these
               private
               ends
               alone
               ,
               had
               not
               been
               a
               Treason
               ,
               as
               appears
               by
               the
               very
               words
               of
               the
               Statute
               of
               25
               Edw.
               3.
               before-mentioned
               ,
               of
               marching
               openly
               or
               secretly
               .
            
             
               But
               my
               Lords
               ,
               these
               of
               Cambridge
               and
               Bridgewater
               ,
               they
               were
               of
               the
               conspiracy
               with
               the
               Villains
               ,
               as
               appears
               in
               the
               Parliament-Roll
               of
               the
               First
               year
               of
               Rich.
               the
               2.
               
               Numb
               .
               311.
               and
               32.
               where
               the
               Towns
               of
               Cambridge
               and
               Bridgewater
               ,
               are
               expresly
               excepted
               out
               of
               the
               general
               Pardon
               made
               to
               the
               Villains
               ;
               this
               being
               done
               in
               reference
               to
               that
               design
               of
               the
               Villains
               ,
               of
               altering
               the
               Laws
               ;
               this
               was
               that
               which
               made
               it
               Treason
               .
            
             
               If
               the
               design
               went
               no
               further
               ,
               than
               the
               enforcing
               Obedience
               to
               these
               Paper
               Orders
               made
               by
               himself
               ,
               it
               was
               sufficient
               it
               was
               to
               subvert
               one
               fundamental
               part
               of
               the
               Law
               ;
               nay
               ,
               in
               effect
               the
               whole
               Law
               ;
               what
               use
               of
               Law
               ,
               if
               he
               might
               order
               and
               determine
               of
               mens
               Estates
               at
               his
               own
               pleasure
               ?
               This
               was
               against
               the
               Law
               notoriously
               declared
               in
               Ireland
               .
            
             
               In
               the
               close
               Roll
               in
               the
               Tower
               ,
               in
               the
               25th
               year
               of
               Edward
               the
               1.
               a
               Writ
               went
               to
               the
               Justices
               in
               Ireland
               (
               that
               Kingdom
               at
               that
               time
               was
               governed
               by
               Justices
               )
               declaring
               ,
               That
               upon
               Petitions
               they
               were
               not
               to
               determine
               any
               Titles
               between
               party
               and
               party
               ,
               upon
               any
               pretence
               of
               profit
               whatsoever
               to
               the
               King.
               
            
             
               In
               the
               Eight
               and
               twentieth
               year
               of
               Hen.
               the
               6th
               .
               Chap.
               2.
               
               Suits
               in
               Equity
               not
               before
               the
               Deputy
               ,
               but
               in
               Chancery
               ;
               Suits
               at
               Common-Law
               ,
               not
               before
               him
               ,
               but
               in
               cases
               of
               Life
               in
               the
               Kings-Bench
               ;
               for
               Title
               of
               Lands
               or
               Goods
               in
               the
               proper
               Courts
               of
               the
               Kings-Bench
               ,
               or
               Common-Pleas
               .
            
             
               This
               declared
               in
               the
               Instructions
               for
               Ireland
               ,
               in
               the
               latter
               end
               of
               King
               Iames
               His
               time
               ,
               and
               by
               the
               Proclamation
               in
               His
               Majesties
               time
               ;
               my
               Lord
               took
               notice
               of
               them
               called
               the
               Commissioners
               ,
               narrow-hearted
               Commissioners
               .
            
             
               The
               Law
               said
               ,
               He
               should
               not
               thus
               proceed
               in
               the
               subversion
               of
               it
               ,
               he
               saith
               he
               will
               ,
               and
               will
               enforce
               Obedience
               by
               the
               Army
               ,
               this
               is
               as
               much
               ,
               in
               respect
               of
               the
               end
               ,
               as
               to
               endeavour
               the
               overthrow
               of
               the
               Statutes
               of
               Labourers
               ,
               of
               Victuals
               ,
               or
               of
               Merton
               for
               Inclosures
               ;
               here
               is
               a
               Warrant
               against
               the
               King
               ,
               in
               respect
               of
               the
               end
               .
            
             
               2.
               
               In
               respect
               of
               the
               Actions
               ,
               whether
               there
               be
               either
               a
               Levying
               of
               War
               ,
               or
               an
               open
               Deed
               ,
               or
               both
               .
            
             
               
                 My
                 Lords
              
               ,
               There
               was
               an
               Army
               in
               Ireland
               at
               that
               time
               ,
               of
               Two
               thousand
               Horse
               and
               Foot
               ;
               by
               this
               Warrant
               there
               is
               a
               full
               designation
               of
               this
               whole
               Army
               ,
               and
               an
               Assignment
               of
               it
               over
               to
               Savill
               for
               this
               purpose
               .
            
             
               The
               Warrant
               gives
               him
               power
               from
               time
               to
               time
               ,
               to
               take
               as
               many
               Soldiers
               ,
               Horse
               and
               Foot
               ,
               with
               an
               Officer
               throughout
               the
               whole
               Army
               ,
               as
               himself
               shall
               please
               ;
               here
               is
               the
               terror
               and
               awe
               of
               the
               whole
               Army
               to
               enforce
               Obedience
               .
               
                 My
                 Lords
              
               ,
               If
               the
               Earl
               had
               Armed
               two
               thousand
               men
               Horse
               and
               Foot
               ,
               and
               formed
               them
               into
               Companies
               to
               this
               end
               ,
               your
               Lordships
               would
               have
               conceived
               ,
               that
               this
               had
               been
               a
               War.
               It
               's
               as
               much
               as
               in
               the
               Case
               of
               Sir
               
                 Thomas
                 Talbot
              
               ,
               who
               armed
               them
               in
               Assemblies
               .
            
             
               This
               is
               the
               same
               with
               a
               breach
               of
               Trust
               added
               to
               it
               .
            
             
             
               That
               Army
               which
               was
               first
               raised
               ,
               and
               afterwards
               committed
               to
               his
               Trust
               ,
               for
               the
               defence
               of
               the
               People
               ,
               is
               now
               destined
               by
               him
               to
               their
               destruction
               .
               This
               assignation
               of
               the
               Army
               by
               his
               Warrant
               ,
               under
               his
               Hand
               and
               Seal
               ,
               is
               an
               open
               Act.
               
            
             
               
                 My
                 Lords
              
               ,
               Here
               's
               not
               only
               an
               open
               Act
               done
               ,
               but
               a
               Levying
               of
               War
               ,
               Soldiers
               ,
               both
               Horse
               and
               Foot
               ,
               with
               an
               Officer
               in
               Warlike
               manner
               assessed
               upon
               the
               Subject
               ,
               which
               killed
               their
               Cattel
               ,
               consumed
               and
               wasted
               their
               Goods
               .
            
             
               Your
               Lordships
               observe
               a
               great
               difference
               ,
               where
               six
               men
               go
               upon
               a
               design
               alone
               ,
               and
               when
               sent
               from
               an
               Army
               of
               six
               hundred
               ,
               all
               engaged
               in
               the
               same
               service
               ,
               so
               many
               were
               sent
               as
               were
               sufficient
               to
               execute
               the
               Command
               ,
               if
               upon
               a
               poor
               man
               fewer
               ,
               more
               upon
               a
               rich
               ;
               if
               the
               six
               had
               not
               been
               able
               ,
               the
               whole
               Army
               must
               make
               it
               good
               .
               The
               reason
               that
               the
               Sheriff
               directed
               alone
               ,
               or
               but
               with
               one
               Bayliff
               to
               do
               execution
               ,
               is
               ,
               because
               he
               hath
               the
               Command
               of
               the
               Law
               ,
               the
               Kings
               Writ
               ,
               and
               the
               
                 Posse
                 Comitatus
              
               in
               case
               of
               resistance
               .
               Here
               's
               the
               Warrant
               of
               a
               General
               of
               an
               Army
               ;
               Here
               's
               the
               
                 Posse
                 Exercitus
              
               ,
               the
               Power
               of
               the
               Army
               ,
               under
               the
               awe
               of
               the
               whole
               Army
               ,
               six
               may
               force
               more
               ,
               than
               sixty
               without
               it
               ;
               and
               although
               never
               above
               six
               in
               one
               place
               ,
               yet
               in
               several
               parts
               of
               the
               Kingdom
               at
               the
               same
               time
               ,
               might
               be
               above
               sixty
               ;
               for
               sessing
               of
               Soldiers
               was
               frequent
               ,
               it
               was
               the
               ordinary
               course
               for
               execution
               of
               his
               Orders
               .
            
             
               The
               Lord-Lieutenant
               of
               a
               County
               in
               England
               ,
               hath
               a
               design
               to
               alter
               the
               Laws
               and
               Government
               ;
               nay
               ,
               admit
               the
               design
               goes
               not
               so
               high
               ,
               he
               only
               declares
               thus
               much
               ,
               he
               will
               order
               the
               Freeholders
               and
               Estates
               of
               the
               Inhabitants
               of
               the
               County
               ,
               at
               his
               own
               will
               and
               pleasure
               ,
               and
               doth
               accordingly
               proceed
               upon
               Paper-Petitions
               ,
               foreseeing
               there
               will
               be
               disobedience
               ,
               he
               grants
               out
               Warrants
               under
               his
               Hand
               and
               Seal
               ,
               to
               the
               Deputy-Lieutenants
               and
               Captains
               of
               the
               Trained-bands
               ,
               that
               upon
               refusal
               ,
               they
               will
               take
               such
               number
               of
               the
               Trained-Bands
               through
               the
               County
               ,
               with
               Officers
               ,
               as
               they
               shall
               think
               good
               ,
               and
               lay
               them
               upon
               the
               Lands
               and
               Houses
               of
               the
               refusers
               ,
               Soldiers
               in
               a
               Warlike
               manner
               are
               frequently
               sessed
               upon
               them
               accordingly
               ;
               your
               Lordships
               do
               conceive
               ,
               that
               this
               is
               a
               Levying
               of
               War
               within
               the
               Statute
               .
            
             
               The
               Case
               in
               question
               goes
               further
               in
               these
               two
               Respects
               .
            
             
               That
               it
               is
               more
               against
               the
               declared
               Law
               in
               Ireland
               ,
               not
               only
               against
               the
               Common-Law
               ,
               but
               likewise
               against
               the
               Statute
               of
               28
               Hen.
               6th
               .
               against
               the
               Acts
               of
               the
               Commissioners
               ;
               against
               Proclamations
               in
               persuance
               of
               the
               Law
               ;
               against
               that
               himself
               took
               notice
               of
               narrow-hearted
               Commissioners
               .
            
             
               In
               this
               ,
               that
               here
               was
               an
               Army
               ,
               the
               Soldiers
               by
               profession
               ,
               acts
               of
               Hostility
               from
               them
               of
               greater
               terror
               ,
               than
               from
               Freeholders
               of
               the
               same
               County
               .
            
             
               
                 My
                 Lords
              
               ,
               I
               have
               now
               done
               with
               the
               First
               of
               Levying
               of
               War.
               
            
             
               The
               Second
               is
               the
               Machination
               ,
               the
               advising
               of
               a
               War.
               
            
             
               The
               Case
               in
               this
               ,
               rests
               upon
               a
               Warrant
               to
               Savile
               ,
               and
               the
               advice
               in
               the
               23
               Article
               .
            
             
               The
               Warrant
               shews
               a
               resolution
               of
               imploying
               the
               old
               Army
               of
               Ireland
               ,
               to
               the
               oppression
               of
               His
               Majesties
               Subjects
               ,
               and
               the
               Laws
               .
            
             
               In
               the
               23
               Article
               ,
               having
               told
               His
               Majesty
               ,
               that
               he
               was
               loosed
               and
               absolved
               from
               Rules
               of
               Government
               ,
               and
               might
               doe
               every
               thing
               which
               Power
               might
               admit
               ;
               he
               proceeded
               further
               in
               speech
               to
               His
               Majesty
               in
               these
               words
               ;
               
                 You
                 have
                 an
                 Army
                 in
              
               Ireland
               ,
               
                 you
                 may
                 employ
                 to
                 reduce
                 this
                 Kingdom
                 .
              
            
             
             
               
                 My
                 Lords
              
               ,
               Both
               being
               put
               together
               ,
               there
               's
               a
               Machination
               ,
               a
               practice
               ,
               an
               advice
               to
               Levy
               War
               ,
               and
               by
               force
               to
               oppress
               and
               destroy
               His
               Majesties
               Subjects
               .
            
             
               It
               hath
               been
               said
               ,
               the
               Statute
               of
               the
               25
               Edw.
               3.
               is
               a
               penal
               Law
               ,
               and
               cannot
               be
               taken
               by
               equity
               and
               construction
               ,
               there
               must
               be
               an
               actual
               War
               ;
               the
               Statute
               makes
               it
               Treason
               to
               counterfeit
               the
               Kings
               Coin
               ,
               the
               conspiring
               ,
               the
               raising
               of
               Furnaces
               is
               no
               Treason
               ,
               unless
               he
               doth
               
                 Nummum
                 percutere
              
               ,
               actually
               Coin.
               
            
             
               
                 My
                 Lords
              
               ,
               This
               is
               only
               said
               ,
               not
               proved
               ;
               the
               Law
               is
               otherwise
               ,
               the
               19th
               Hen
               6.
               fol.
               49.
               there
               adjudged
               ,
               That
               the
               conspiring
               and
               aiding
               to
               counterfeit
               Coin
               was
               Treason
               ,
               and
               Justice
               
                 Stamford
                 (
                 fol.
              
               331.
               
               &
               44.
               )
               is
               of
               opinion
               ,
               that
               this
               ,
               or
               the
               conspiring
               to
               counterfeit
               the
               Great
               Seal
               ,
               is
               Treason
               .
               The
               Statute
               is
               ,
               If
               any
               shall
               counterfeit
               the
               Great
               Seal
               ,
               conspiring
               to
               do
               it
               by
               the
               Book
               ,
               is
               Treason
               ;
               if
               a
               man
               take
               the
               Broad
               Seal
               from
               one
               Patent
               ,
               and
               put
               it
               to
               another
               ,
               here
               is
               no
               counterfeiting
               ,
               it
               's
               tantamount
               ,
               and
               therefore
               Treason
               ,
               as
               is
               adjudged
               in
               2
               Hen.
               4.
               fol.
               25.
               and
               by
               the
               opinion
               of
               Stamford
               ,
               If
               Machination
               or
               Plotting
               a
               War
               be
               not
               within
               that
               clause
               of
               the
               Statute
               of
               Levying
               of
               War
               ,
               yet
               it
               is
               within
               the
               first
               ,
               of
               compassing
               the
               death
               of
               the
               King
               ,
               as
               that
               which
               necessarily
               tends
               to
               the
               destruction
               both
               of
               King
               and
               People
               ,
               upon
               whose
               safety
               and
               protection
               he
               is
               to
               engage
               himself
               .
               That
               this
               is
               Treason
               ,
               hath
               been
               adjudged
               ,
               both
               after
               the
               Statutes
               of
               1
               Hen.
               4.
               cap.
               10.
               and
               1
               Queen
               Mary
               ;
               so
               much
               insisted
               upon
               on
               the
               other
               side
               .
               In
               the
               Third
               year
               of
               King
               Hen.
               4th
               .
               one
               Balshal
               coming
               from
               London
               ,
               found
               one
               Bernard
               at
               Plough
               ,
               in
               the
               Parish
               of
               Ofley
               ,
               in
               the
               County
               of
               
                 Hertford
                 ,
                 Bernard
              
               asked
               Balshal
               what
               news
               ?
               he
               told
               him
               ,
               that
               the
               news
               was
               ,
               That
               King
               Richard
               the
               Second
               was
               alive
               in
               Scotland
               (
               which
               was
               false
               ,
               for
               he
               was
               dead
               ,
               )
               and
               that
               by
               Midsummer
               next
               ,
               he
               would
               come
               into
               
                 England
                 ;
                 Bernard
              
               asked
               him
               ,
               What
               were
               best
               to
               be
               done
               ?
               Balshal
               answered
               ,
               Get
               Men
               ,
               and
               go
               to
               King
               Richard.
               In
               Michaelmas
               Term
               ,
               in
               the
               Third
               year
               of
               Hen.
               4th
               .
               in
               the
               
                 Kings
                 Bench
                 Rot.
              
               4.
               
               This
               advice
               of
               War
               adjudged
               Treason
               .
            
             
               In
               Queen
               
               Mary's
               time
               ,
               Sir
               
                 Nicholas
                 Throckmorton
              
               conspired
               with
               Sir
               
                 Thomas
                 Wyat
              
               ,
               to
               Levy
               War
               within
               this
               Realm
               for
               alteration
               in
               Religion
               ,
               he
               joyned
               not
               with
               him
               in
               the
               execution
               .
               This
               conspiracy
               alone
               declared
               to
               be
               Treason
               by
               all
               the
               Judges
               ;
               this
               was
               after
               the
               Statute
               of
               Queen
               Mary
               ,
               so
               much
               insisted
               upon
               .
            
             
               That
               Parliament
               ended
               in
               October
               ,
               this
               opinion
               was
               delivered
               the
               Easter
               Term
               following
               ,
               and
               is
               reported
               by
               Justice
               
                 Dyer
                 ,
                 fol.
              
               98.
               
               It
               's
               true
               ,
               Sir
               
                 Thomas
                 Wyat
              
               afterwards
               did
               Levy
               War
               ;
               Sir
               
                 Nicholas
                 Throckmorton
              
               he
               only
               conspired
               .
               This
               adjudged
               Treason
               .
            
             
               One
               Story
               in
               Queen
               Elizabeths
               time
               practised
               with
               Foreigners
               ,
               to
               levy
               War
               within
               this
               Kingdom
               ,
               nothing
               done
               in
               persuance
               of
               the
               practice
               .
               The
               intent
               without
               any
               adhering
               to
               enemies
               of
               the
               Queen
               ,
               or
               other
               cause
               ,
               adjudged
               Treason
               ,
               and
               he
               executed
               thereupon
               .
            
             
               It
               's
               true
               my
               Lords
               ,
               that
               year
               13
               Eliz.
               by
               Act
               of
               Parliament
               it
               's
               made
               Treason
               ,
               to
               intend
               the
               levying
               of
               War
               ;
               this
               Case
               was
               adjudged
               before
               the
               Parliament
               :
               The
               Case
               was
               adjudged
               in
               Hillary
               Term
               ;
               the
               Parliament
               begun
               not
               till
               the
               April
               following
               .
               This
               my
               Lords
               ,
               is
               a
               Case
               judged
               in
               point
               ,
               that
               the
               practising
               to
               levy
               War
               ,
               though
               nothing
               be
               done
               in
               execution
               of
               it
               ,
               is
               Treason
               .
            
             
             
               Object
               .
               It
               may
               be
               Objected
               ,
               That
               in
               these
               Cases
               ,
               the
               Conspiring
               being
               
               against
               the
               whole
               Kingdom
               ,
               included
               the
               Queen
               ,
               and
               was
               a
               compassing
               Her
               destruction
               ,
               as
               well
               as
               of
               the
               Kingdoms
               ,
               here
               the
               Advice
               was
               to
               the
               King.
               
            
             
               Answ.
               The
               Answer
               is
               first
               ,
               That
               the
               Warrant
               was
               unknown
               to
               His
               Majesty
               ,
               
               that
               was
               a
               Machination
               of
               War
               against
               the
               People
               and
               Lawes
               ,
               wherein
               His
               Majesties
               Person
               was
               engaged
               for
               Protection
               .
            
             
               Secondly
               ,
               That
               the
               Advice
               was
               to
               His
               Majesty
               ,
               aggravates
               the
               Offence
               ,
               it
               was
               an
               Attempt
               which
               was
               the
               Offence
               ;
               it
               was
               an
               Attempt
               not
               only
               upon
               the
               Kingdom
               ,
               but
               upon
               the
               Sacred
               Person
               and
               His
               Office
               too
               ;
               himself
               was
               
                 hostis
                 patriae
              
               ,
               he
               would
               have
               made
               the
               Father
               of
               it
               so
               to
               :
               Nothing
               more
               unnatural
               nor
               more
               dangerous
               ,
               than
               to
               offer
               the
               King
               Poyson
               to
               drink
               ;
               telling
               Him
               that
               it
               is
               a
               Cordial
               is
               a
               passing
               of
               His
               death
               :
               the
               Poyson
               was
               repelled
               ,
               there
               was
               an
               Antidote
               within
               ;
               the
               Malice
               of
               the
               giver
               beyond
               expression
               .
               The
               perswading
               of
               Foreigners
               to
               invade
               the
               Kingdom
               ,
               hold
               no
               proportion
               with
               this
               Machination
               of
               War
               ;
               against
               the
               Law
               or
               Kingdom
               ,
               is
               against
               the
               King
               ,
               they
               cannot
               be
               severed
               .
            
             
               My
               Lords
               ,
               If
               no
               actual
               War
               within
               the
               Statute
               ,
               if
               the
               Counselling
               of
               War
               ,
               if
               neither
               of
               these
               single
               Acts
               be
               Treason
               within
               the
               Statute
               ,
               The
               Commons
               ,
               in
               the
               next
               place
               ,
               have
               taken
               it
               into
               consideration
               ,
               what
               the
               addition
               of
               his
               other
               Words
               ,
               Counsels
               ,
               and
               Actions
               do
               operate
               in
               the
               Case
               ,
               and
               have
               conceived
               ,
               that
               with
               this
               Addition
               ,
               all
               being
               put
               together
               ,
               that
               he
               is
               brought
               within
               the
               Statute
               of
               25
               E.
               3.
               
            
             
               The
               words
               of
               the
               Statute
               are
               ,
               
                 If
                 any
                 Man
                 shall
                 Compass
                 ,
                 or
                 Imagine
                 the
                 death
                 of
                 the
                 King
              
               ;
               the
               words
               are
               not
               ,
               
                 If
                 any
                 Man
                 shall
                 plot
                 ,
                 or
                 Counsel
                 the
                 Death
                 of
                 the
                 King
              
               ;
               No
               ,
               my
               Lords
               ,
               they
               go
               further
               than
               to
               such
               things
               as
               are
               intended
               immediately
               ,
               directly
               ,
               and
               determinatively
               against
               the
               Life
               and
               Person
               of
               the
               King
               ,
               they
               are
               of
               a
               larger
               extent
               ;
               to
               compass
               ,
               is
               to
               do
               by
               Circuit
               ,
               to
               Consult
               or
               Practice
               another
               thing
               directly
               ,
               which
               being
               done
               ,
               may
               necessarily
               produce
               this
               effect
               .
            
             
               However
               it
               be
               in
               the
               other
               Treasons
               within
               this
               Statute
               ,
               yet
               in
               this
               ,
               by
               the
               very
               words
               ,
               there
               is
               room
               left
               for
               constructions
               ,
               for
               necessary
               inferences
               and
               consequences
               .
            
             
               What
               hath
               been
               the
               Judgment
               and
               Practice
               of
               former
               times
               ,
               concerning
               these
               words
               ,
               of
               compassing
               the
               Kings
               Death
               ,
               will
               appear
               to
               your
               Lordships
               ,
               by
               some
               Cases
               of
               Attainders
               upon
               these
               words
               .
            
             
               One
               Owen
               ,
               in
               K.
               Iames
               His
               time
               ,
               in
               the
               13
               th
               year
               of
               His
               Reign
               ,
               at
               Sandwich
               
               in
               Kent
               ,
               spake
               these
               words
               ,
               That
               K.
               Iames
               being
               Excommunicated
               by
               the
               Pope
               ,
               may
               be
               killed
               by
               any
               Man
               ,
               which
               killing
               is
               no
               Murther
               :
               Being
               asked
               by
               those
               he
               spake
               to
               ,
               how
               he
               durst
               maintain
               so
               Bloody
               an
               Assertion
               ?
               Answered
               ,
               That
               the
               matter
               was
               not
               so
               heinous
               as
               was
               supposed
               ;
               for
               ,
               the
               King
               ,
               who
               is
               the
               Lesser
               ,
               is
               concluded
               by
               the
               Pope
               ,
               who
               is
               the
               Greater
               ;
               and
               ,
               as
               a
               Malefactor
               ,
               being
               Condemned
               before
               a
               Temporal
               Judge
               ,
               may
               be
               delivered
               over
               to
               be
               Executed
               ;
               So
               the
               King
               ,
               standing
               Convicted
               by
               the
               Popes
               Sentence
               of
               Excommunication
               ,
               may
               justly
               be
               slaughtered
               without
               fault
               ;
               for
               ,
               the
               Killing
               of
               the
               King
               ,
               is
               the
               Execution
               of
               the
               Popes
               Supreame
               Sentence
               ,
               as
               the
               other
               is
               the
               Execution
               of
               the
               Law.
               For
               this
               ,
               Judgment
               of
               High
               Treason
               was
               given
               against
               him
               ,
               and
               Execution
               done
               .
            
             
               My
               Lords
               ,
               there
               is
               no
               clear
               intent
               appearing
               ,
               that
               Owen
               desired
               the
               thing
               should
               be
               done
               ,
               onely
               Arguments
               that
               it
               might
               be
               done
               ,
               this
               is
               a
               
               Compassing
               ,
               there
               is
               a
               clear
               Endeavour
               to
               corrupt
               the
               Judgment
               ,
               to
               take
               off
               the
               Bonds
               of
               Conscience
               ,
               the
               greatest
               security
               of
               the
               Kings
               Life
               ,
               God
               forbid
               ,
               saith
               one
               of
               better
               Judgement
               then
               he
               ,
               that
               I
               should
               stretch
               out
               my
               hand
               against
               the
               Lords
               Annointed
               :
               No
               ,
               saith
               he
               ,
               the
               Lord
               doth
               not
               forbid
               it
               ,
               you
               may
               ,
               for
               these
               Reasons
               ,
               lawfully
               kill
               the
               King.
               
            
             
               He
               that
               denies
               the
               Title
               to
               the
               Crown
               ,
               and
               plots
               the
               means
               of
               setting
               it
               upon
               anothers
               head
               ,
               may
               do
               this
               without
               any
               direct
               ,
               or
               immediate
               desiring
               the
               death
               of
               Him
               that
               wears
               it
               ;
               yet
               this
               is
               Treason
               ,
               as
               was
               adjudged
               in
               the
               10th
               of
               Hen.
               7.
               in
               these
               of
               Burton
               ,
               and
               in
               the
               Duke
               of
               Norfolkes
               Case
               ,
               13
               Eliz.
               
            
             
               This
               is
               a
               compassing
               of
               His
               Death
               ;
               for
               there
               can
               no
               more
               be
               two
               Kings
               in
               one
               Kingdom
               ,
               then
               two
               Suns
               in
               the
               Firmament
               :
               he
               that
               conceives
               a
               Title
               ,
               counts
               it
               worth
               venturing
               for
               ,
               though
               it
               cost
               him
               his
               life
               :
               he
               that
               is
               in
               possession
               thinks
               it
               as
               well
               worth
               the
               keeping
               .
               
                 Iohn
                 Sparhauk
              
               in
               King
               Henry
               the
               Fourth's
               time
               ,
               meeting
               too
               men
               upon
               the
               way
               ,
               amongst
               other
               talk
               ,
               said
               ,
               That
               the
               King
               was
               not
               rightful
               King
               ,
               but
               the
               Earl
               of
               March
               ;
               and
               that
               the
               Pope
               would
               grant
               Indulgencies
               to
               all
               ,
               that
               could
               assist
               the
               Earles
               Title
               ,
               and
               that
               within
               half
               a
               year
               there
               would
               be
               no
               Liveries
               nor
               Cognizances
               of
               the
               King
               ;
               that
               the
               King
               had
               not
               kept
               promise
               with
               the
               People
               ,
               but
               had
               laid
               Taxes
               upon
               them
               .
            
             
               In
               Easter-Terme
               ,
               in
               the
               third
               year
               of
               Henry
               the
               Fourth
               ,
               in
               the
               Kings
               Bench
               ,
               Rot.
               12.
               this
               adjudged
               Treason
               ,
               this
               denying
               the
               Title
               with
               Motives
               ,
               though
               not
               implyedly
               of
               Action
               against
               it
               ,
               adjudged
               Treason
               ;
               this
               is
               a
               compassing
               the
               Kings
               death
               .
            
             
               How
               this
               was
               a
               compassing
               of
               the
               Kings
               Death
               ,
               is
               declared
               in
               the
               Reasons
               of
               the
               Judgment
               ;
               that
               the
               words
               were
               spoken
               with
               an
               intent
               ,
               to
               withdraw
               the
               affections
               of
               the
               People
               from
               the
               King
               ,
               and
               to
               excite
               them
               against
               him
               ,
               that
               in
               the
               end
               they
               might
               rise
               up
               against
               him
               
                 in
                 mortem
                 &
                 destructionem
              
               of
               the
               King.
               
            
             
               My
               Lords
               ,
               in
               this
               Judgment
               ,
               and
               others
               ,
               which
               I
               shall
               cite
               to
               your
               Lordships
               ,
               it
               appears
               ,
               that
               it
               is
               a
               compassing
               the
               Kings
               death
               by
               Words
               ,
               to
               endeavour
               to
               draw
               the
               Peoples
               hearts
               from
               the
               King
               ,
               to
               set
               discord
               between
               the
               King
               and
               them
               ,
               whereby
               the
               People
               should
               leave
               the
               King
               ,
               should
               rise
               up
               against
               Him
               ,
               to
               the
               death
               and
               destruction
               of
               the
               King.
               
            
             
               The
               Cases
               that
               I
               shall
               cite
               ,
               prove
               not
               onely
               that
               it
               is
               Treason
               ,
               but
               what
               is
               sufficient
               Evidence
               to
               make
               this
               good
               .
            
             
               Upon
               a
               Commission
               held
               the
               18th
               year
               of
               Ed.
               4.
               in
               Kent
               ,
               before
               the
               Marquess
               of
               Dorset
               ,
               and
               others
               ,
               an
               Indictment
               was
               preferred
               against
               
                 Iohn
                 Awater
              
               ,
               of
               High
               Treason
               ,
               in
               the
               Forme
               before-mentioned
               ,
               for
               Words
               ,
               which
               are
               entred
               in
               the
               Indictment
               
                 Sub
                 hac
                 forma
              
               :
               That
               he
               had
               been
               servant
               to
               the
               Earl
               of
               Warwick
               ;
               that
               though
               he
               were
               dead
               ,
               the
               Earl
               of
               Oxford
               was
               alive
               ,
               and
               should
               have
               the
               Government
               of
               part
               of
               that
               Country
               ;
               That
               Edward
               ,
               whom
               you
               call
               King
               of
               England
               ,
               was
               a
               false
               Man
               ,
               and
               had
               ,
               by
               Art
               and
               Subtilty
               ,
               slain
               the
               Earl
               of
               Warwick
               ,
               and
               the
               Duke
               of
               Clare
               his
               Brother
               ,
               without
               any
               cause
               ,
               who
               before
               had
               been
               both
               of
               them
               attainted
               of
               High
               Treason
               .
            
             
               My
               Lords
               ,
               This
               Indictment
               was
               Returned
               into
               the
               Kings
               Bench
               in
               Trinity-Terme
               ,
               in
               the
               Eighteenth
               year
               of
               Edward
               the
               Fourth
               ;
               and
               ,
               in
               Easter-Terme
               ,
               the
               Two
               and
               twentieth
               of
               Edward
               the
               Fourth
               ,
               he
               was
               outlawed
               ,
               by
               the
               stay
               of
               the
               outlawry
               ,
               so
               long
               as
               it
               seemes
               the
               Judges
               had
               well
               advised
               before
               ,
               whether
               it
               were
               Treason
               or
               not
               .
            
             
               At
               the
               same
               Session
               
                 Thomas
                 Heber
              
               was
               Indicted
               of
               Treason
               for
               these
               words
               ,
               That
               the
               last
               Parliament
               was
               the
               most
               simple
               and
               insufficient
               Parliament
               
               that
               ever
               had
               been
               in
               England
               ;
               That
               the
               King
               was
               gone
               to
               live
               in
               Kent
               ,
               because
               that
               for
               the
               present
               he
               had
               not
               the
               Love
               of
               the
               Citizens
               of
               London
               ,
               nor
               should
               he
               have
               it
               for
               the
               future
               :
               That
               if
               the
               Bishop
               of
               Bath
               and
               Wells
               were
               dead
               ,
               the
               Archbishop
               of
               Canterbury
               being
               Cardinal
               of
               England
               ,
               would
               immediately
               lose
               his
               head
               .
            
             
               This
               Indictment
               was
               returned
               into
               the
               Kings
               Bench
               in
               Trinity-Terme
               ,
               in
               the
               18th
               year
               of
               Edward
               the
               4th
               :
               afterwards
               there
               came
               a
               Privy-Seal
               to
               the
               Judge
               to
               respit
               the
               Proceedings
               ,
               which
               (
               as
               it
               should
               seem
               )
               was
               to
               the
               intent
               the
               Judges
               might
               advise
               of
               the
               Case
               ,
               for
               afterwards
               he
               is
               outlawed
               of
               High-Treason
               upon
               this
               Indictment
               .
            
             
               These
               words
               are
               thought
               sufficient
               evidence
               ,
               to
               prove
               these
               several
               Indictments
               ,
               that
               they
               were
               spoken
               to
               withdraw
               the
               Peoples
               Affections
               from
               the
               King
               ,
               to
               excite
               them
               against
               Him
               ,
               to
               cause
               Risings
               against
               Him
               by
               the
               People
               ,
               
                 in
                 mortem
                 &
                 destructionem
              
               of
               the
               King.
               
            
             
               Your
               Lordships
               are
               pleased
               to
               consider
               ,
               That
               in
               all
               these
               Cases
               ,
               the
               Treason
               was
               for
               words
               onely
               ,
               words
               by
               private
               persons
               ,
               and
               in
               a
               more
               private
               manner
               ,
               but
               once
               spoken
               ,
               and
               no
               more
               ,
               onely
               amongst
               the
               People
               ,
               to
               excite
               them
               against
               the
               King.
               
            
             
               My
               Lords
               ,
               here
               are
               Words
               ,
               Counsels
               ,
               more
               then
               Words
               and
               Actions
               too
               ,
               not
               onely
               to
               disaffect
               the
               people
               to
               the
               King
               ,
               but
               the
               King
               likewise
               towards
               the
               People
               ;
               not
               once
               ,
               but
               often
               ;
               not
               in
               Private
               ,
               but
               in
               places
               most
               Publick
               ;
               not
               by
               a
               Private
               Person
               ,
               but
               by
               a
               Counsellor
               ofState
               ,
               a
               Lord
               Lieutenant
               ,
               a
               Lord-President
               ,
               a
               Lord-Deputy
               of
               Ireland
               .
            
             
               1.
               
               To
               His
               Majesty
               ,
               that
               the
               Parliament
               had
               denyed
               to
               supply
               Him
               :
               a
               Slander
               upon
               all
               the
               Commons
               of
               England
               ,
               in
               their
               Affections
               to
               the
               King
               and
               Kingdom
               ,
               in
               refusing
               to
               yield
               timely
               supply
               for
               the
               Necessities
               of
               the
               King
               and
               Kingdom
               .
            
             
               2.
               
               From
               thence
               ,
               that
               the
               King
               was
               loose
               ,
               and
               absolved
               from
               Rules
               of
               Government
               ,
               and
               was
               to
               do
               every
               thing
               ,
               that
               Power
               would
               admit
               .
               My
               Lords
               ,
               more
               cannot
               be
               said
               ,
               they
               cannot
               be
               aggravated
               ;
               whatever
               I
               should
               say
               would
               be
               in
               Diminution
               .
            
             
               3.
               
               Thence
               you
               have
               an
               Army
               in
               Ireland
               ,
               you
               may
               employ
               to
               reduce
               this
               Kingdom
               .
            
             
               To
               Counsel
               a
               King
               ,
               not
               to
               Love
               His
               People
               ,
               is
               very
               Unnatural
               ,
               it
               goes
               higher
               to
               hate
               them
               ,
               to
               Malice
               them
               in
               his
               heart
               ,
               the
               highest
               expressions
               of
               Malice
               ,
               to
               destroy
               them
               by
               War.
               These
               Coales
               they
               were
               cast
               upon
               His
               Majesty
               ,
               they
               were
               blown
               ,
               they
               could
               not
               kindle
               in
               that
               Breast
               .
            
             
               Thence
               ,
               my
               Lords
               ,
               having
               done
               the
               utmost
               to
               the
               King
               ,
               he
               goes
               to
               the
               people
               .
               At
               York
               ,
               the
               Country
               being
               met
               together
               for
               Justice
               ,
               at
               the
               Open
               Assises
               upon
               the
               Bench
               ,
               he
               tells
               them
               ,
               speaking
               of
               the
               Justices
               of
               the
               Peace
               ,
               that
               they
               were
               all
               for
               Law
               ,
               nothing
               but
               Law
               ,
               but
               they
               should
               find
               ,
               that
               the
               Kings
               Little
               Finger
               ,
               should
               be
               heavier
               then
               the
               Loynes
               of
               the
               Law
               ,
               as
               they
               shall
               find
               .
               My
               Lords
               ,
               Who
               speaks
               this
               to
               the
               people
               ,
               a
               Privy-Counsellor
               ?
               this
               must
               be
               either
               to
               traduce
               His
               Majesty
               to
               the
               people
               ,
               as
               spoken
               from
               Him
               ,
               or
               from
               himself
               ,
               who
               was
               Lord-Lieutenant
               of
               the
               County
               ,
               and
               President
               ,
               intrusted
               with
               the
               Forces
               and
               Justice
               of
               those
               parts
               ,
               that
               he
               would
               Employ
               both
               this
               way
               .
               Add
               ,
               my
               Lords
               ,
               to
               His
               
               Words
               there
               ,
               the
               Exercising
               of
               an
               Arbitrary
               and
               Vast
               Jurisdiction
               ,
               before
               he
               had
               so
               much
               as
               Instructions
               ,
               or
               Colour
               of
               Warrant
               .
            
             
               Thence
               we
               carry
               him
               into
               Ireland
               ;
               there
               he
               Represented
               ,
               by
               his
               place
               ,
               the
               Sacred
               Person
               of
               His
               Majesty
               .
            
             
               First
               .
               There
               at
               Dublin
               ,
               the
               Principal
               City
               of
               that
               Kingdom
               ,
               whither
               the
               Subjects
               of
               that
               Country
               came
               for
               Justice
               in
               an
               Assembly
               of
               Peers
               ,
               and
               others
               of
               greatest
               Rank
               ,
               upon
               occasion
               of
               a
               Speech
               of
               the
               Recorder
               of
               that
               City
               ,
               touching
               their
               Franchises
               and
               Regal
               Rights
               ;
               he
               tells
               them
               ,
               That
               Ireland
               was
               a
               Conquered
               Nation
               ,
               and
               that
               the
               King
               might
               do
               with
               them
               what
               he
               pleased
               .
            
             
               Secondly
               ,
               Not
               long
               after
               ,
               in
               the
               Parliament
               10
               Car.
               in
               the
               Chair
               of
               State
               ,
               in
               full
               Parliament
               again
               ,
               That
               they
               were
               a
               Conquer'd
               Nation
               ;
               and
               that
               they
               were
               to
               expect
               Laws
               as
               from
               a
               Conqueror
               ,
               before
               the
               King
               might
               do
               with
               them
               what
               He
               would
               ,
               now
               they
               were
               to
               expect
               it
               that
               he
               would
               put
               this
               Power
               of
               a
               Conqueror
               in
               Execution
               :
               —
               The
               Circumstances
               are
               very
               Considerable
               ;
               in
               full
               Parliament
               ;
               from
               himself
               in
               Cathedra
               ,
               to
               the
               Representative
               Body
               of
               the
               whole
               Kingdom
               .
            
             
               The
               Occasion
               adds
               much
               ,
               when
               they
               desir'd
               the
               Benefit
               of
               the
               Laws
               ,
               and
               that
               their
               Causes
               and
               Suites
               might
               be
               determined
               according
               to
               Law
               ,
               and
               not
               by
               himself
               ,
               at
               his
               Will
               and
               Pleasure
               ,
               upon
               Paper
               Petitions
               .
            
             
               Thirdly
               ,
               Upon
               like
               occasion
               ,
               of
               Pressing
               the
               Laws
               and
               Statutes
               ,
               that
               he
               would
               make
               an
               Act
               of
               Council-Board
               in
               that
               Kingdom
               ,
               as
               Binding
               as
               an
               Act
               of
               Parliament
               .
            
             
               Fourthly
               ,
               He
               made
               his
               Words
               good
               by
               his
               Actions
               ,
               Assumed
               and
               Exercised
               a
               Boundless
               and
               Lawless
               Jurisdiction
               ,
               over
               the
               Lives
               ,
               Persons
               and
               Estates
               of
               His
               Majesties
               Subjects
               ,
               procured
               Judgment
               of
               Death
               against
               a
               Peer
               of
               that
               Realm
               ;
               Commanded
               another
               to
               be
               Hanged
               ,
               this
               was
               accordingly
               Executed
               ,
               both
               in
               times
               of
               High
               Peace
               ,
               without
               any
               Process
               or
               Colour
               of
               Law.
               
            
             
               Fifthly
               ,
               By
               Force
               ,
               of
               a
               long
               time
               ,
               he
               Seized
               the
               Yarn
               and
               Flax
               of
               the
               Subjects
               ,
               to
               the
               Starving
               and
               undoing
               of
               many
               thousands
               ;
               besides
               the
               Tobacco
               business
               ,
               and
               many
               Monopolies
               and
               Unlawful
               Taxes
               ;
               forced
               a
               New
               Oath
               ,
               not
               to
               dispute
               His
               Majesties
               Royal
               Commands
               ;
               determined
               Mens
               Estates
               at
               his
               own
               Will
               and
               Pleasure
               ,
               upon
               Paper-Petitions
               to
               himself
               ;
               forced
               Obedience
               to
               these
               ,
               not
               only
               by
               Fines
               and
               Imprisonment
               ,
               but
               likewise
               by
               the
               Army
               ;
               sessed
               Soldiers
               upon
               the
               Refusers
               in
               an
               Hostile
               manner
               .
            
             
               Sixthly
               ,
               Was
               an
               Incendiary
               of
               the
               War
               between
               the
               two
               Kingdomes
               of
               England
               and
               Scotland
               .
            
             
               My
               Lords
               ,
               We
               shall
               leave
               it
               to
               your
               Lordships
               Judgments
               ,
               whether
               these
               Words
               ,
               Counsels
               ,
               and
               Actions
               ,
               would
               not
               have
               been
               a
               sufficient
               Evidence
               ,
               to
               have
               Proved
               an
               Indictment
               drawn
               up
               against
               him
               ,
               as
               those
               before
               mentioned
               ,
               and
               many
               others
               are
               ?
               That
               they
               were
               spoken
               and
               done
               to
               the
               Intent
               ,
               to
               draw
               the
               Kings
               heart
               from
               the
               People
               ,
               and
               the
               Affections
               of
               the
               People
               from
               the
               King
               ;
               that
               they
               might
               leave
               the
               King
               ,
               and
               afterwards
               rise
               up
               against
               him
               ,
               to
               the
               destruction
               of
               the
               King
               ;
               If
               so
               ,
               here
               is
               a
               Compassing
               of
               the
               Kings
               Death
               ,
               within
               the
               Words
               of
               the
               Statute
               of
               
               25th
               year
               of
               Edward
               the
               Third
               ,
               and
               that
               Warranted
               by
               many
               former
               Judgments
               .
            
             
               My
               Lords
               ,
               I
               have
               now
               done
               with
               the
               Three
               Treasons
               within
               the
               Statute
               of
               the
               Twenty
               fifth
               of
               Edw.
               3d.
               I
               proceed
               unto
               the
               Fourth
               ,
               upon
               the
               Statute
               of
               the
               Eighteenth
               year
               of
               Henry
               the
               Sixth
               ,
               Chapter
               the
               third
               ,
               in
               Ireland
               ,
               and
               I
               shall
               make
               bold
               to
               read
               the
               words
               to
               your
               Lordships
               .
            
             
               
                 That
                 no
                 Lord
                 ,
                 nor
                 any
                 other
                 ,
                 of
                 what
                 condition
                 soever
                 he
                 be
                 ,
                 shall
                 bring
                 ,
                 or
                 lead
                 Hoblers
                 ,
                 Kernes
                 ,
                 or
                 Hooded
                 Men
                 ,
                 nor
                 any
                 other
                 People
                 ,
                 nor
                 Ho
                 rses
                 ,
                 to
                 lie
                 on
                 Horseback
                 ,
                 or
                 on
                 Foot
                 ,
                 upon
                 the
                 Kings
                 Subjects
                 ,
                 without
                 their
                 good
                 wills
                 and
                 consent
                 ,
                 but
                 upon
                 their
                 own
                 costs
                 ,
                 and
                 without
                 hurt
                 doing
                 to
                 the
                 Commons
                 ;
                 and
                 if
                 any
                 so
                 do
                 ,
                 he
                 shall
                 be
                 adjudged
                 as
                 a
                 Traytor
                 .
              
            
             
               1.
               
               The
               Argument
               that
               hath
               been
               made
               concerning
               the
               person
               ,
               that
               it
               extends
               not
               to
               the
               King
               ,
               and
               therefore
               not
               to
               him
               ,
               weighs
               nothing
               with
               your
               Lordships
               ,
               
                 Rex
                 non
                 habet
                 in
                 Regno
                 parem
              
               ;
               from
               the
               greatness
               of
               his
               Office
               ,
               to
               argue
               himself
               into
               the
               same
               impossibility
               with
               His
               Sacred
               Majesty
               ,
               of
               being
               incapable
               of
               High-Treason
               ,
               it
               's
               an
               Offence
               ;
               no
               Treason
               ;
               The
               words
               in
               the
               Statute
               ,
               
                 No
                 Lord
                 ,
                 nor
                 any
                 other
                 ,
                 of
                 what
                 condition
                 soever
                 he
                 be
                 ,
              
               include
               every
               Subject
               .
            
             
               In
               
                 Trinity
                 Terme
              
               ,
               in
               the
               Three
               and
               thirtieth
               year
               of
               Henry
               the
               Eighth
               ,
               in
               the
               Kings-Bench
               ,
               Leonard
               Lord
               Gray
               ,
               having
               immediately
               before
               been
               Lord
               Deputy
               of
               Ireland
               ,
               is
               Attainted
               of
               High-Treason
               ,
               and
               Judgment
               given
               against
               him
               ,
               for
               letting
               diverse
               Rebels
               out
               of
               the
               Castle
               of
               Dublin
               ,
               and
               discharging
               Irish
               Hostages
               and
               Pledges
               ,
               that
               had
               been
               given
               for
               securing
               the
               Peace
               ;
               for
               not
               punishing
               one
               that
               said
               ,
               That
               the
               King
               was
               an
               Heretique
               :
               I
               have
               read
               the
               whole
               Record
               ,
               there
               's
               not
               one
               thing
               laid
               to
               his
               Charge
               ,
               but
               was
               done
               by
               him
               as
               Lord
               Lieutenant
               ;
               He
               had
               the
               same
               Plea
               with
               my
               Lord
               of
               Strafford
               ;
               That
               these
               things
               were
               no
               adhering
               to
               the
               Kings
               Enemies
               ,
               but
               were
               done
               for
               Reasons
               of
               State
               ,
               that
               he
               was
               not
               within
               those
               words
               of
               the
               Statute
               of
               the
               25
               of
               Edw.
               3.
               himself
               being
               Lord
               Lieutenant
               there
               .
            
             
               Object
               .
               It
               hath
               been
               said
               ,
               That
               the
               Soldiers
               sessed
               upon
               the
               Subjects
               by
               him
               ,
               were
               not
               such
               persons
               as
               are
               intended
               by
               that
               Statute
               ,
               
                 Hoblers
                 ,
                 Kernes
              
               ,
               and
               
                 Hooded
                 Men
              
               ,
               those
               Rascally
               people
               .
            
             
               Answ.
               My
               Lords
               ,
               they
               were
               the
               names
               given
               to
               the
               Soldiery
               of
               those
               times
               ,
               
                 Hoblers
                 ,
                 Horsemen
              
               ;
               the
               other
               the
               Foot.
               But
               the
               words
               of
               the
               Statute
               go
               further
               ,
               Nor
               any
               other
               People
               ,
               neither
               Horse
               nor
               Foot.
               His
               Lordship
               sessed
               upon
               them
               both
               Horse
               and
               Foot.
               
            
             
               Object
               .
               The
               Statute
               extends
               onely
               to
               those
               ,
               that
               lead
               or
               bring
               ;
               Savil
               led
               them
               ;
               my
               Lord
               onely
               gave
               the
               Warrant
               .
            
             
               Answ.
               To
               this
               I
               shall
               onely
               say
               thus
               ,
               
                 Plus
                 peccat
                 author
                 ,
                 quam
                 Actor
                 ,
              
               by
               the
               rule
               of
               the
               Law
               
                 Agentes
                 &
                 consentientes
                 pari
                 plectuntur
                 poena
              
               ;
               if
               consent
               ,
               much
               more
               a
               Command
               to
               do
               it
               ,
               makes
               the
               Commander
               a
               Traytor
               ;
               If
               there
               be
               any
               Treason
               within
               this
               Statute
               ,
               my
               Lord
               of
               Strafford
               is
               Guilty
               .
            
             
               It
               hath
               been
               therefore
               said
               ,
               That
               this
               Statute
               ,
               like
               
               Goliah's
               Sword
               ,
               hath
               
               been
               wrapt
               up
               in
               a
               Cloath
               ,
               and
               laid
               behind
               the
               door
               ,
               that
               it
               hath
               never
               been
               put
               in
               execution
               .
            
             
               My
               Lords
               ,
               if
               the
               Clarke
               of
               the
               Crown
               in
               Ireland
               ,
               had
               certified
               your
               Lordships
               upon
               search
               of
               the
               Judgments
               of
               Attainders
               in
               Ireland
               ,
               he
               could
               not
               find
               that
               any
               man
               had
               been
               attainted
               upon
               this
               Statute
               ,
               your
               Lordships
               had
               had
               some
               ground
               to
               believe
               it
               ;
               Yet
               it
               s
               onely
               my
               Lord
               of
               Straffords
               Affirmation
               ;
               besides
               ,
               your
               Lordships
               know
               ,
               that
               an
               Act
               of
               Parliament
               binds
               until
               it
               be
               repealed
               .
            
             
               It
               hath
               been
               therefore
               said
               ;
               That
               this
               Statute
               is
               repealed
               by
               the
               Statute
               of
               the
               8
               Ed.
               4.
               
               Cap.
               1.
               and
               of
               the
               10th
               of
               Hen.
               7.
               
               Cap.
               22.
               because
               by
               these
               two
               Statutes
               ,
               the
               English
               Statutes
               are
               brought
               into
               Ireland
               .
            
             
               The
               Argument
               (
               if
               I
               mistook
               it
               not
               )
               stood
               thus
               ;
               That
               the
               Statute
               of
               the
               First
               of
               Henry
               the
               4th
               ,
               the
               10th
               Chap.
               saith
               ,
               That
               in
               no
               time
               to
               come
               ,
               Treason
               shall
               be
               adjudged
               otherwise
               ,
               then
               it
               was
               ordained
               by
               the
               Statute
               of
               the
               25
               E.
               3.
               that
               the
               reason
               mentioned
               in
               the
               Eighteenth
               year
               of
               Henry
               the
               Sixth
               ,
               in
               the
               Irish
               Statute
               ,
               is
               not
               contained
               in
               the
               25
               Edw.
               3.
               and
               therefore
               contrary
               to
               the
               Statute
               of
               the
               1
               Hen.
               4.
               it
               must
               needs
               be
               void
               .
            
             
               If
               this
               were
               Law
               ,
               then
               all
               the
               Statutes
               that
               made
               any
               new
               Treason
               after
               the
               First
               of
               Henry
               4th
               ,
               were
               void
               in
               the
               very
               Fabrick
               ,
               and
               at
               the
               time
               when
               they
               were
               made
               ;
               hence
               likewise
               it
               would
               follow
               ,
               that
               the
               Parliament
               now
               ,
               upon
               what
               occasion
               soever
               ,
               hath
               no
               Power
               to
               make
               any
               thing
               Treason
               ,
               not
               declared
               to
               be
               so
               in
               the
               Statute
               25
               Edw.
               3.
               
               This
               your
               Lordships
               easily
               see
               ,
               would
               make
               much
               for
               the
               Lord
               of
               Straffords
               advantage
               ,
               but
               why
               the
               Law
               should
               be
               so
               ,
               your
               Lordships
               have
               onely
               as
               yet
               heard
               an
               Affirmation
               of
               it
               ;
               no
               reason
               .
            
             
               But
               ,
               some
               touch
               was
               given
               ,
               that
               the
               Statute
               of
               the
               tenth
               year
               of
               Henry
               the
               Seventh
               ,
               in
               words
               ,
               makes
               all
               the
               Irish
               Statutes
               void
               ,
               which
               are
               contrary
               to
               the
               English.
               The
               Answer
               to
               this
               is
               a
               denial
               that
               there
               are
               any
               such
               words
               in
               the
               Statute
               .
               The
               Statute
               declares
               ,
               that
               the
               English
               Statutes
               shall
               be
               effectual
               ,
               and
               confirmed
               in
               Ireland
               ,
               and
               that
               all
               the
               Statutes
               made
               before
               time
               to
               the
               contrary
               ,
               shall
               be
               revoked
               .
            
             
               This
               repeals
               only
               the
               Irish
               Statutes
               of
               the
               tenth
               year
               of
               Henry
               the
               Fourth
               ,
               and
               the
               Nine
               and
               twentieth
               year
               of
               Henry
               the
               Sixth
               ,
               which
               say
               ,
               that
               the
               English
               Statutes
               shall
               not
               be
               in
               force
               in
               Ireland
               ,
               unless
               particularly
               received
               in
               Parliament
               ,
               it
               makes
               all
               the
               Irish
               Statutes
               void
               ,
               which
               say
               ,
               that
               the
               English
               Statutes
               shall
               not
               be
               in
               force
               there
               .
            
             
               It
               is
               usual
               when
               a
               Statute
               sayes
               ,
               that
               such
               a
               thing
               shall
               be
               done
               ,
               or
               not
               done
               ,
               to
               add
               further
               ,
               that
               all
               Statutes
               to
               the
               contrary
               shall
               be
               void
               .
            
             
               No
               likelihood
               that
               this
               Statute
               intended
               to
               take
               away
               any
               Statute
               of
               Treason
               ,
               but
               when
               in
               the
               Chapter
               next
               before
               this
               ,
               Murder
               there
               is
               made
               Treason
               ,
               as
               if
               done
               upon
               the
               Kings
               Person
               .
            
             
               That
               this
               Statute
               of
               the
               Eighteenth
               year
               of
               Henry
               the
               Sixth
               remains
               on
               foot
               ,
               and
               not
               repealed
               either
               by
               the
               Statute
               of
               the
               Eighth
               year
               of
               Edward
               the
               Fourth
               ,
               or
               this
               of
               the
               Tenth
               year
               of
               Henry
               the
               Seventh
               ,
               appears
               expresly
               by
               two
               several
               Acts
               of
               Parliament
               ,
               made
               at
               the
               same
               Parliament
               of
               the
               tenth
               year
               of
               Henry
               the
               Seventh
               .
            
             
               By
               an
               Act
               of
               Parliament
               of
               Henry
               the
               Sixth's
               time
               in
               Ireland
               ,
               it
               was
               made
               Treason
               for
               any
               Man
               whatsoever
               ,
               to
               procure
               a
               Privy-Seal
               ,
               or
               any
               other
               Command
               whatsoever
               ,
               for
               apprehending
               any
               Person
               in
               Ireland
               for
               Treason
               done
               without
               that
               Kingdom
               ,
               and
               to
               put
               any
               such
               command
               in
               Execution
               ,
               divers
               had
               been
               attainted
               of
               Treason
               for
               executing
               such
               Commands
               :
               There
               is
               a
               Treason
               ,
               so
               made
               ,
               by
               Act
               of
               Parliament
               ,
               in
               Henry
               the
               Sixth's
               time
               .
               In
               the
               third
               Chapter
               of
               this
               Parliament
               of
               the
               tenth
               of
               
               Henry
               the
               Seventh
               ,
               an
               Act
               is
               passed
               for
               no
               other
               end
               ,
               then
               to
               repeal
               this
               Statute
               of
               Henry
               the
               Sixth
               of
               Treason
               .
            
             
               If
               this
               Statute
               of
               Henry
               the
               Sixth
               of
               Treason
               had
               been
               formerly
               repealed
               by
               the
               Statute
               of
               8
               E.
               4.
               or
               then
               by
               the
               two
               and
               twentieth
               Chapter
               of
               this
               Parliament
               of
               the
               10
               th
               of
               Henry
               the
               Seventh
               ,
               by
               bringing
               in
               the
               English
               Statutes
               ,
               the
               Law-makers
               were
               much
               mistaken
               now
               to
               make
               a
               particular
               Act
               of
               Parliament
               to
               repeal
               it
               ,
               it
               being
               likewise
               so
               unreasonable
               an
               Act
               as
               it
               was
               .
            
             
               In
               the
               Eighth
               Chapter
               of
               this
               Parliament
               of
               the
               10
               th
               of
               Henry
               the
               Seventh
               ,
               it
               is
               Enacted
               ,
               that
               the
               Statutes
               of
               Kilkenny
               ,
               and
               all
               other
               Statutes
               made
               in
               Ireland
               (
               two
               onely
               excepted
               ,
               whereof
               this
               of
               the
               Eighteenth
               of
               Henry
               the
               Sixth
               is
               none
               )
               for
               the
               Common-Weal
               ,
               shall
               be
               enquired
               of
               ,
               and
               executed
               :
               My
               Lord
               of
               Strafford
               saith
               ,
               that
               the
               bringing
               in
               of
               the
               English
               Statute
               hath
               repealed
               this
               Statute
               ;
               the
               Act
               of
               Parliament
               made
               the
               same
               time
               ,
               saith
               no
               ;
               it
               saith
               ,
               that
               all
               the
               Irish
               Statutes
               ,
               excepting
               two
               ,
               whereof
               this
               is
               none
               ,
               shall
               still
               be
               in
               force
               .
            
             
               Object
               .
               Oh
               ,
               but
               however
               it
               was
               in
               the
               10
               H.
               7.
               yet
               it
               appeares
               by
               Judgment
               in
               Parliament
               afterwards
               ,
               that
               this
               Statute
               of
               18
               H.
               6.
               is
               repealed
               ,
               and
               that
               is
               by
               the
               Parliament
               of
               the
               11
               th
               year
               of
               Queen
               Elizabeth
               ,
               the
               7
               th
               Chapter
               ,
               that
               by
               this
               Parliament
               it
               is
               Enacted
               ,
               That
               if
               any
               Man
               ,
               without
               Licence
               from
               the
               Lord
               Deputy
               ,
               lay
               any
               Soldiers
               upon
               the
               Kings
               Subjects
               ,
               if
               he
               be
               a
               Peer
               of
               the
               Realm
               ,
               he
               shall
               forfeit
               One
               hundred
               pounds
               ,
               if
               under
               the
               degree
               of
               a
               Peer
               ,
               One
               hundred
               Markes
               .
            
             
               This
               Statute
               ,
               as
               is
               alleadged
               ,
               declares
               the
               Penalty
               of
               laying
               Soldiers
               on
               the
               Subjects
               to
               be
               onely
               One
               hundred
               pounds
               ,
               and
               therefore
               it
               s
               not
               Treason
               .
            
             
               Answ.
               My
               Lords
               ,
               if
               the
               Offence
               for
               which
               this
               Penalty
               of
               One
               hundred
               pounds
               is
               laid
               upon
               the
               Offenders
               ,
               be
               for
               laying
               Soldiers
               ,
               or
               leading
               them
               to
               do
               any
               act
               Offensive
               or
               Invasive
               upon
               the
               Kings
               People
               ,
               the
               Argument
               hath
               some
               force
               ;
               but
               that
               the
               Offence
               is
               not
               for
               laying
               Soldiers
               upon
               the
               true
               Subjects
               ,
               that
               this
               is
               not
               the
               Offence
               intended
               in
               the
               Statute
               ,
               will
               appear
               to
               your
               Lordships
               
                 Ex
                 absurdo
              
               ,
               from
               the
               words
               of
               it
               .
            
             
               The
               Words
               are
               ,
               
                 That
                 if
                 any
                 Man
                 shall
                 assemble
                 the
                 People
                 of
                 the
                 County
                 together
                 ,
                 to
                 conclude
                 of
                 Peace
                 or
                 War
                 ,
                 or
                 shall
                 carry
                 those
                 people
                 to
                 do
                 any
                 Acts
                 Offensive
                 or
                 Invasive
                 ,
                 then
                 he
                 shall
                 forfeit
                 One
                 hundred
                 pounds
                 .
              
            
             
               If
               concluding
               of
               War
               ,
               and
               carrying
               the
               people
               to
               Acts
               Invasive
               ,
               be
               against
               the
               Kings
               Subjects
               ,
               this
               is
               High-Treason
               ,
               which
               are
               the
               words
               of
               the
               Statute
               of
               25
               E.
               3.
               for
               if
               any
               Subject
               shall
               assemble
               the
               people
               ,
               and
               conclude
               a
               War
               ,
               and
               accordingly
               shall
               lead
               them
               to
               invade
               the
               Subject
               ,
               this
               is
               a
               levying
               of
               War
               within
               the
               words
               of
               the
               Statute
               ;
               and
               then
               the
               Statutes
               of
               the
               25
               E.
               3.
               1
               
               H.
               4.
               1
               of
               Q
               Mary
               ,
               which
               the
               Earl
               of
               Strafford
               ,
               in
               his
               Answers
               ,
               desires
               to
               be
               tryed
               by
               ,
               are
               as
               well
               repealed
               ,
               in
               this
               point
               ,
               as
               the
               Statute
               of
               the
               18th
               of
               Henry
               the
               Sixth
               ,
               he
               might
               then
               ,
               without
               fear
               of
               Treason
               ,
               have
               done
               what
               he
               pleased
               with
               the
               Irish
               Army
               ;
               for
               all
               the
               Statutes
               of
               levying
               of
               War
               by
               this
               Statute
               of
               11
               Eliz.
               were
               taken
               out
               of
               his
               way
               .
            
             
             
               In
               Ireland
               a
               Subject
               gathers
               Forces
               ,
               concludes
               a
               War
               against
               the
               Kings
               people
               ,
               actually
               invades
               them
               ,
               bloodshed
               ,
               burning
               of
               houses
               ,
               depradations
               ensue
               ;
               two
               of
               those
               ,
               that
               is
               ,
               Murder
               ,
               and
               Burning
               of
               Houses
               ,
               are
               Treason
               ;
               and
               there
               the
               other
               Felony
               by
               the
               construction
               the
               punishment
               of
               Treason
               ,
               and
               Felony
               is
               turned
               onely
               into
               a
               fine
               of
               One
               hundred
               pounds
               ;
               from
               loss
               of
               Life
               ,
               Lands
               ,
               and
               all
               his
               Goods
               ,
               onely
               to
               loss
               of
               part
               of
               his
               Goods
               .
            
             
               The
               Third
               Absurdity
               ,
               a
               War
               is
               concluded
               ,
               three
               several
               Inrodes
               are
               made
               upon
               the
               Subject
               ;
               in
               the
               first
               a
               hundred
               pounds
               damage
               ;
               in
               the
               second
               ,
               five
               thousand
               pounds
               damage
               ;
               in
               the
               third
               ,
               ten
               thousand
               pounds
               damage
               ,
               is
               done
               to
               the
               Subjects
               ;
               the
               penalty
               for
               the
               last
               inroade
               is
               no
               more
               then
               for
               the
               first
               ,
               onely
               one
               hundred
               pounds
               .
               This
               Statute
               ,
               by
               this
               Construction
               ,
               tells
               any
               man
               ,
               how
               to
               get
               his
               living
               without
               long
               labour
               .
            
             
               Two
               parts
               of
               the
               hundred
               pounds
               is
               given
               to
               the
               King
               ,
               a
               third
               part
               unto
               the
               Informer
               ;
               Here
               's
               no
               damage
               to
               the
               Subject
               ,
               that
               is
               robbed
               and
               destroyed
               .
            
             
               My
               Lords
               ,
               The
               Statute
               will
               free
               it self
               and
               the
               makers
               from
               those
               Absurdities
               .
            
             
               The
               meaning
               of
               the
               Statute
               is
               ,
               That
               if
               any
               Captain
               shall
               ,
               of
               his
               own
               head
               ,
               conclude
               of
               Peace
               or
               War
               against
               the
               Kings
               Enemies
               ,
               or
               Rebels
               ,
               or
               shall
               ,
               upon
               his
               own
               head
               ,
               invade
               them
               without
               Warrant
               from
               the
               King
               ;
               or
               Lord
               Deputy
               of
               Ireland
               ,
               that
               then
               he
               shall
               forfeit
               a
               Hundred
               pounds
               .
            
             
               The
               Offence
               is
               not
               for
               laying
               of
               Soldiers
               upon
               the
               Kings
               people
               ,
               but
               making
               War
               against
               the
               Irish
               Rebels
               without
               Warrant
               ;
               the
               Offence
               is
               not
               in
               the
               Matter
               ,
               but
               in
               the
               Manner
               ,
               for
               doing
               a
               thing
               lawful
               ,
               but
               without
               Mission
               .
            
             
               
                 I.
                 This
                 will
                 appear
                 by
                 the
                 general
                 Scope
                 of
                 the
                 Statute
                 ,
                 all
                 the
                 parts
                 being
                 put
                 together
                 .
              
               
                 II.
                 By
                 particular
                 Clauses
                 in
                 the
                 Statute
                 .
              
               
                 III.
                 By
                 the
                 Condition
                 of
                 that
                 Kingdom
                 ,
                 at
                 the
                 time
                 of
                 the
                 making
                 of
                 that
                 Statute
                 .
              
            
             
               For
               the
               First
               ,
               The
               Preamble
               recites
               ,
               that
               in
               time
               of
               Declination
               of
               Justice
               ,
               under
               pretext
               of
               defending
               the
               Country
               and
               themselves
               ,
               diverse
               Great
               Men
               arrogated
               to
               themselves
               Regal
               Authority
               ,
               under
               the
               names
               of
               Captains
               ;
               that
               they
               acquired
               to
               themselves
               that
               Government
               ,
               which
               belonged
               to
               the
               Crown
               ;
               for
               preventing
               of
               this
               ,
               It
               's
               Enacted
               ,
               That
               no
               man
               dwelling
               within
               the
               Shire
               Grounds
               ,
               shall
               thenceforth
               assume
               ,
               or
               take
               to
               himself
               the
               Authority
               or
               name
               of
               a
               Captain
               ,
               within
               these
               Shire-Grounds
               ,
               without
               Letters-Patents
               from
               the
               Crown
               ,
               nor
               shall
               ,
               under
               colour
               of
               his
               Captainship
               ,
               make
               any
               demand
               of
               the
               people
               of
               any
               Exaction
               ,
               nor
               as
               a
               Captain
               ,
               assemble
               the
               people
               of
               the
               Shire-Grounds
               ;
               nor
               as
               a
               Captain
               shall
               lead
               those
               people
               to
               do
               any
               acts
               Offensive
               or
               Invasive
               ,
               without
               Warrant
               under
               the
               Great
               Seal
               of
               England
               ,
               or
               of
               the
               Lord
               Deputy
               ,
               upon
               penalty
               ,
               that
               if
               he
               do
               any
               thing
               contrary
               to
               that
               Act
               ,
               that
               then
               the
               Offender
               shall
               forfeit
               a
               Hundred
               pounds
               .
            
             
               My
               Lords
               ,
               The
               Rebels
               had
               been
               out
               ;
               the
               Courts
               of
               Justice
               scarce
               sate
               ;
               for
               defence
               of
               the
               Countrey
               divers
               usurped
               the
               place
               of
               Captains
               ,
               concluded
               of
               War
               against
               the
               Rebels
               ,
               and
               invaded
               them
               without
               Warrant
               :
               Invading
               the
               Rebels
               without
               Authority
               ,
               is
               a
               crime
               .
            
             
             
               This
               appears
               further
               by
               particular
               clauses
               in
               the
               Statute
               ,
               none
               shall
               exercise
               any
               Captainship
               within
               the
               Shire-grounds
               ,
               nor
               assemble
               the
               men
               of
               the
               Shire-grounds
               ,
               to
               conclude
               War
               ,
               or
               lead
               them
               to
               any
               Invasion
               .
            
             
               That
               that
               had
               antiently
               been
               so
               continued
               to
               this
               time
               ,
               that
               is
               the
               Irish
               ,
               and
               the
               English
               Pale
               ,
               they
               within
               the
               Shire-grounds
               were
               within
               the
               English
               Pale
               ;
               and
               
                 ad
                 fidem
                 &
                 legem
                 Angliae
              
               .
               The
               Irish
               without
               the
               Pale
               were
               enemies
               always
               ,
               either
               in
               open
               act
               of
               Hostility
               ,
               or
               upon
               Leagues
               and
               Hostages
               given
               for
               securing
               the
               Peace
               ;
               and
               therefore
               as
               here
               in
               England
               we
               had
               our
               Marches
               upon
               the
               frontiers
               in
               Scotland
               and
               Wales
               ,
               so
               were
               there
               Marches
               between
               the
               Irish
               and
               English
               Pale
               ,
               where
               the
               Inhabitants
               held
               their
               Lands
               by
               this
               tenure
               ,
               to
               defend
               the
               Countrey
               against
               the
               Irish
               ,
               as
               appears
               in
               the
               close
               Roll
               of
               the
               Tower
               ,
               in
               the
               20th
               year
               of
               Edw.
               3.
               membrana
               15.
               on
               the
               backside
               ,
               and
               in
               an
               Irish
               Parliament
               ,
               held
               the
               42
               year
               of
               Edw.
               3.
               it
               's
               declared
               ,
               That
               the
               English
               Pale
               was
               almost
               destroyed
               by
               the
               Irish
               enemies
               ,
               and
               that
               there
               was
               no
               way
               to
               prevent
               the
               danger
               ,
               but
               only
               ,
               that
               the
               Owners
               reside
               upon
               their
               Lands
               for
               defence
               ,
               and
               that
               absence
               should
               be
               a
               forfeiture
               .
               This
               Act
               of
               Parliament
               in
               a
               great
               Council
               here
               was
               affirmed
               ,
               as
               appears
               in
               the
               close
               Roll
               ,
               the
               22
               year
               of
               Edw.
               3.
               
               Membrana
               20
               dorso
               .
            
             
               Afterwards
               ,
               as
               appears
               in
               the
               Statute
               of
               28
               
                 Hen.
                 6th
              
               .
               in
               Ireland
               ,
               this
               Hostility
               continued
               between
               the
               English
               Marches
               and
               the
               Irish
               Enemies
               ,
               who
               by
               reason
               there
               was
               no
               difference
               between
               the
               English
               Marches
               and
               them
               in
               their
               apparel
               ,
               did
               daily
               (
               not
               being
               known
               to
               the
               English
               )
               destroy
               the
               English
               within
               the
               Pale
               :
               Therefore
               it
               is
               enacted
               ,
               that
               every
               English-man
               shall
               have
               the
               hair
               of
               his
               upper
               Lip
               for
               distinction
               sake
               .
               This
               hostility
               continued
               until
               the
               10th
               year
               of
               Henry
               the
               7th
               ,
               as
               appears
               by
               the
               Statute
               of
               10
               
                 H.
                 7th
              
               .
               and
               17th
               .
               so
               successively
               downwards
               ,
               till
               the
               making
               of
               this
               very
               Statute
               of
               11
               Eliz.
               as
               appears
               fully
               in
               the
               9th
               Chap.
               
            
             
               Nay
               ,
               immediately
               before
               ,
               and
               at
               the
               time
               of
               the
               making
               of
               this
               Statute
               ,
               there
               was
               not
               only
               enmity
               between
               those
               of
               the
               Shire-ground
               ,
               that
               is
               ,
               the
               English
               and
               Irish
               Pale
               ,
               but
               open
               War
               ,
               and
               acts
               of
               hostility
               ,
               as
               appears
               by
               History
               of
               no
               less
               Authority
               ,
               than
               that
               Statute
               it self
               ;
               for
               in
               the
               first
               Chapter
               of
               that
               Statute
               ,
               is
               the
               Attainder
               of
               
                 Shane
                 Oneale
              
               ,
               who
               had
               made
               open
               War
               ,
               was
               slain
               in
               open
               War
               ;
               it
               's
               there
               declared
               ,
               That
               he
               had
               gotten
               by
               force
               ,
               all
               the
               North
               of
               Ireland
               ,
               for
               an
               hundred
               and
               twenty
               miles
               in
               length
               ,
               and
               about
               a
               hundred
               in
               breadth
               ;
               that
               he
               had
               mastered
               divers
               places
               within
               the
               English
               Pale
               ;
               when
               the
               flame
               of
               this
               War
               by
               his
               death
               ,
               immediately
               before
               this
               Statute
               was
               spent
               ,
               yet
               the
               Firebrands
               were
               not
               all
               quenched
               ,
               for
               the
               Rebellion
               continued
               by
               
                 Iohn
                 Fitz-Gerard
              
               ,
               called
               the
               
                 White
                 Knight
              
               ,
               and
               
                 Thomas
                 Gueverford
              
               ,
               this
               appears
               by
               the
               Statute
               of
               the
               Thirteenth
               year
               of
               Queen
               Eliz.
               in
               Ireland
               ,
               but
               two
               years
               after
               this
               of
               the
               Eleventh
               year
               of
               Queen
               Eliz.
               where
               they
               are
               attainted
               of
               High
               Treason
               ,
               for
               levying
               of
               War
               this
               Eleventh
               year
               ,
               wherein
               this
               Statute
               was
               made
               .
            
             
               So
               that
               my
               Lords
               ,
               immediately
               before
               ,
               and
               at
               the
               time
               of
               the
               making
               of
               this
               Statute
               ,
               there
               being
               War
               between
               those
               of
               the
               Shire-grounds
               ,
               mentioned
               in
               this
               Statute
               ,
               and
               the
               Irish
               ,
               the
               concluding
               of
               War
               ,
               and
               Acts
               Offensive
               and
               Invasive
               there
               mentioned
               ,
               can
               be
               intended
               against
               no
               others
               ,
               but
               the
               Irish
               Enemies
               .
            
             
               Again
               ,
               The
               words
               of
               the
               Statute
               are
               ,
               
                 No
                 Captain
                 shall
                 assemble
                 the
                 people
                 of
                 the
                 Shire-grounds
                 ,
              
               to
               conclude
               of
               Peace
               or
               War
               ;
               Is
               to
               presume
               ,
               that
               those
               of
               the
               Shire-grounds
               will
               conclude
               of
               War
               against
               themselves
               .
               Nor
               (
               with
               the
               Statute
               )
               
                 Shall
                 carry
                 those
                 of
                 the
                 Shire-grounds
                 to
                 do
                 any
              
               
               
                 Acts
                 Invasive
              
               ;
               by
               the
               construction
               which
               is
               made
               on
               the
               other
               side
               ,
               they
               must
               be
               carried
               to
               fight
               against
               themselves
               .
            
             
               Lastly
               ,
               The
               words
               are
               ,
               That
               as
               Captain
               ,
               none
               shall
               assume
               the
               Name
               ,
               or
               Authority
               of
               a
               Captain
               ;
               or
               as
               a
               Captain
               shall
               gather
               the
               people
               together
               ;
               or
               as
               a
               Captain
               lead
               them
               ;
               the
               offence
               is
               not
               in
               the
               matter
               ,
               but
               in
               the
               manner
               ;
               If
               the
               Acts
               offensive
               were
               against
               the
               Kings
               good
               Subjects
               ,
               those
               that
               were
               under
               Command
               ,
               were
               punishable
               ,
               as
               well
               as
               the
               Commanders
               ;
               but
               in
               respect
               the
               Soldiers
               knew
               the
               service
               to
               be
               good
               in
               it self
               ,
               being
               against
               the
               enemies
               ,
               and
               that
               it
               was
               not
               for
               them
               to
               dispute
               the
               Authority
               of
               their
               Commanders
               ,
               the
               penalty
               of
               100
               l.
               is
               laid
               only
               upon
               him
               ,
               That
               as
               Captain
               ,
               shall
               assume
               this
               Power
               without
               Warrant
               ,
               the
               People
               commanded
               ,
               are
               not
               within
               this
               Statute
               .
            
             
               
                 My
                 Lords
              
               ,
               The
               Logick
               wherupon
               this
               Argument
               is
               framed
               ,
               stands
               thus
               ,
               because
               the
               Statute
               of
               the
               Eleventh
               year
               of
               Queen
               Elizabeth
               ,
               inflicts
               a
               penalty
               of
               100
               l.
               and
               no
               more
               ,
               upon
               any
               man
               ,
               that
               as
               a
               Captain
               without
               Warrant
               ,
               and
               upon
               his
               own
               head
               shall
               conclude
               of
               ,
               or
               make
               War
               against
               the
               King's
               Enemies
               :
               Therefore
               the
               Statute
               of
               the
               Eighteenth
               year
               of
               Henry
               the
               6th
               is
               repealed
               ,
               which
               makes
               it
               Treason
               to
               lay
               Soldiers
               upon
               ,
               or
               to
               levy
               War
               against
               the
               Kings
               good
               People
               .
            
             
               But
               ,
               my
               Lords
               ,
               Observation
               hath
               been
               made
               upon
               other
               words
               of
               this
               Statute
               ,
               that
               is
               ,
               that
               without
               Licence
               of
               the
               Deputy
               ,
               these
               things
               cannot
               be
               done
               ;
               this
               shews
               that
               the
               Deputy
               ,
               is
               within
               none
               of
               the
               Statutes
               .
            
             
               
                 My
                 Lords
              
               ,
               This
               Argument
               stands
               upon
               the
               same
               reason
               with
               the
               former
               ,
               because
               he
               hath
               the
               ordering
               of
               the
               Army
               of
               Ireland
               ,
               for
               the
               defence
               of
               the
               people
               ,
               and
               may
               give
               Warrant
               to
               the
               Officers
               of
               the
               Army
               ,
               upon
               eminent
               occasions
               of
               Invasion
               ,
               to
               resist
               or
               prosecute
               the
               Enemy
               ,
               because
               of
               the
               danger
               that
               else
               might
               ensue
               forthwith
               ,
               by
               staying
               for
               a
               Warrant
               from
               His
               Majesty
               out
               of
               England
               .
            
             
               
                 My
                 Lords
              
               ,
               The
               Statute
               of
               the
               10th
               year
               of
               Henry
               the
               7th
               .
               chap.
               17.
               touched
               upon
               for
               this
               purpose
               ,
               clears
               the
               business
               in
               both
               points
               ;
               for
               there
               is
               declared
               ,
               That
               none
               ought
               to
               make
               War
               upon
               the
               Irish
               Rebels
               ,
               and
               Enemies
               ,
               without
               Warrant
               from
               the
               Lieutenant
               ,
               the
               forfeiture
               100
               l.
               as
               here
               the
               Statute
               is
               the
               same
               with
               this
               ,
               and
               might
               as
               well
               have
               been
               cited
               ,
               for
               repealing
               the
               Statute
               of
               the
               18th
               year
               of
               Henry
               the
               6th
               .
               as
               this
               of
               the
               11th
               year
               of
               Queen
               Elizabeth
               .
               But
               if
               this
               had
               been
               insisted
               upon
               ,
               it
               would
               have
               expounded
               the
               other
               two
               clear
               against
               him
               .
            
             
               
                 Object
                 .
                 My
                 Lords
              
               ,
               it
               hath
               been
               further
               said
               ,
               although
               the
               Statute
               be
               in
               force
               ,
               and
               there
               be
               a
               Treason
               within
               it
               ,
               yet
               the
               Parliament
               hath
               no
               Jurisdiction
               ,
               the
               Treasons
               are
               committed
               in
               Ireland
               ,
               therefore
               not
               triable
               here
               .
            
             
               
                 Answ.
                 My
                 Lords
              
               ,
               Sir
               
                 Iohn
                 Parrot
              
               ,
               his
               Predecessor
               ,
               24
               Edw.
               was
               tryed
               in
               the
               
                 Kings
                 Bench
              
               for
               Treason
               done
               in
               Ireland
               ,
               when
               he
               was
               Deputy
               ;
               and
               Oruche
               in
               the
               33
               year
               of
               Queen
               Elizabeth
               ,
               adjudged
               here
               for
               Treason
               done
               in
               Ireland
               .
            
             
               Object
               .
               But
               it
               will
               be
               said
               ,
               these
               Tryals
               were
               after
               the
               Statute
               of
               the
               34th
               year
               of
               Henry
               the
               8th
               .
               which
               enacts
               ,
               that
               Treasons
               beyond
               Sea
               may
               be
               tryed
               in
               England
               .
            
             
             
               
                 Answ.
                 My
                 Lords
              
               ,
               his
               Predecessor
               my
               Lord
               Gray
               was
               tryed
               ,
               and
               adjudged
               here
               in
               the
               Kings-Bench
               ;
               that
               was
               in
               
                 Trinity
                 Term
              
               ,
               in
               the
               33
               year
               of
               Henry
               the
               8th
               .
               this
               was
               before
               the
               making
               of
               that
               Statute
               .
            
             
               Object
               .
               To
               this
               again
               will
               we
               say
               ,
               That
               it
               was
               for
               Treason
               by
               the
               Laws
               and
               Statutes
               of
               England
               ;
               that
               this
               is
               not
               for
               any
               thing
               that
               's
               Treason
               by
               the
               Law
               of
               England
               ,
               but
               an
               Irish
               Statute
               .
            
             
               So
               that
               the
               question
               is
               only
               ,
               Whether
               your
               Lordships
               here
               in
               Parliament
               ,
               have
               cognizance
               of
               an
               offence
               ,
               made
               Treason
               by
               an
               Irish
               Statute
               ,
               in
               the
               ordinary
               way
               of
               Judicature
               ,
               without
               Bill
               ?
               for
               so
               is
               the
               present
               question
               .
            
             
               For
               the
               clearing
               of
               this
               ,
               I
               shall
               propound
               two
               things
               to
               your
               Lordships
               consideration
               .
            
             
               Whether
               the
               Rule
               for
               expounding
               the
               Irish
               Statute
               and
               Customs
               ,
               be
               one
               and
               the
               same
               in
               England
               as
               in
               Ireland
               ?
            
             
               That
               being
               admitted
               ,
               whether
               the
               Parliament
               in
               England
               have
               cognizance
               or
               jurisdiction
               of
               things
               there
               done
               ,
               in
               respect
               of
               the
               place
               ,
               because
               the
               Kings
               Writ
               runs
               not
               there
               ?
            
             
               For
               the
               First
               ,
               in
               respect
               of
               the
               place
               ,
               the
               Parliament
               here
               hath
               cognizance
               there
               .
               And
               Secondly
               ,
               If
               the
               Rules
               for
               expounding
               the
               Irish
               Statutes
               and
               Customs
               ,
               be
               the
               same
               here
               as
               there
               ,
               this
               exception
               (
               as
               I
               humbly
               conceive
               )
               must
               fall
               away
               .
            
             
               In
               England
               there
               is
               the
               Common-Law
               ,
               the
               Statutes
               ,
               the
               Acts
               of
               Parliament
               ,
               and
               Customs
               peculiar
               to
               certain
               places
               ,
               differing
               from
               the
               Common-Law
               ;
               If
               any
               question
               arise
               concerning
               either
               a
               Custom
               or
               an
               Act
               of
               Parliament
               ,
               the
               Common-Law
               of
               England
               ,
               the
               First
               ,
               the
               Primitive
               and
               the
               General
               Law
               ,
               that
               's
               the
               Rule
               and
               Expositor
               of
               them
               ,
               and
               of
               their
               several
               extents
               ;
               it
               is
               so
               here
               ,
               it
               is
               so
               in
               Ireland
               ,
               the
               Common-Law
               of
               England
               ,
               is
               the
               Common-Law
               of
               Ireland
               likewise
               ;
               the
               same
               here
               and
               there
               in
               all
               the
               parts
               of
               it
               .
            
             
               It
               was
               introduced
               into
               Ireland
               by
               King
               Iohn
               ,
               and
               afterwards
               by
               King
               Henry
               3.
               by
               Act
               of
               Parliament
               held
               in
               England
               ,
               as
               appears
               by
               the
               Patent-Rolls
               of
               the
               30th
               year
               of
               King
               Henry
               3.
               the
               first
               Membrana
               ,
               the
               words
               are
               ,
               
                 Quia
                 pro
                 Communi
                 Utilitate
                 terrae
                 Hiberniae
                 &
                 unitate
                 terrarum
                 Regis
                 ,
                 Rex
                 vult
                 ,
                 &
                 de
                 Communi
                 Concilio
                 Regis
                 Provisum
                 est
                 ,
                 quod
                 omnes
                 Leges
                 &
                 Consuetudines
                 quae
                 in
                 Regno
                 Angliae
                 tenentur
                 ,
                 in
                 Hibernia
                 teneantur
                 ,
                 &
                 eadem
                 terra
                 eisdem
                 legibus
                 subjaceat
                 ,
                 &
                 per
                 easdem
                 Regatur
                 ,
                 sicut
                 Dominus
                 Iohannes
                 Rex
                 cum
                 ultimò
                 esset
                 in
                 Hibernia
                 statuit
                 &
                 fieri
                 mandavit
                 ,
                 quia
                 ,
              
               &c.
               
               
                 Rex
                 vult
                 quòd
                 omnia
                 brevia
                 de
                 Communi
                 Iure
                 quae
                 currunt
                 in
                 Anglia
                 ,
                 similiter
                 currant
                 in
                 Hibernia
                 ,
                 sub
                 novo
                 sigillo
                 Regis
                 mandatum
                 est
                 Archiepiscopis
                 ,
              
               &c.
               
                 quod
                 pro
                 pace
                 &
                 tranquilitate
                 ejusdem
                 terrae
                 ,
                 per
                 easdem
                 leges
                 eos
                 regi
                 &
                 deduci
                 permittant
                 ,
                 &
                 eas
                 in
                 omnibus
                 sequantur
                 in
                 cujus
                 ,
              
               &c.
               
               
                 Teste
                 Rege
                 apud
              
               Woodstock
               ,
               
                 Decimo
                 nono
                 die
                 Septembris
              
               .
            
             
               Here
               is
               an
               union
               of
               both
               Kingdoms
               ,
               and
               that
               by
               Act
               of
               Parliament
               ,
               and
               the
               same
               Laws
               to
               be
               used
               here
               as
               there
               ,
               
                 in
                 omnibus
              
               .
            
             
               My
               Lords
               ,
               That
               nothing
               might
               be
               left
               here
               for
               an
               exception
               ,
               that
               is
               ,
               That
               in
               Treasons
               ,
               Felonies
               ,
               and
               other
               capital
               offences
               concerning
               Life
               ,
               the
               Irish
               Laws
               are
               not
               the
               same
               as
               here
               ,
               therefore
               it
               is
               enacted
               by
               a
               Parliament
               held
               in
               England
               ,
               in
               the
               14th
               year
               of
               Edw
               ,
               2.
               (
               it
               is
               not
               in
               print
               neither
               ,
               but
               in
               the
               Parliament
               Book
               )
               that
               the
               Laws
               concerning
               Life
               and
               Member
               shall
               be
               the
               same
               in
               Ireland
               ,
               as
               in
               England
               .
            
             
             
               And
               that
               no
               exception
               might
               yet
               remain
               ,
               in
               a
               Parliament
               held
               in
               England
               .
               The
               5th
               year
               of
               Edw.
               3.
               ,
               it
               is
               Enacted
               .
               
                 Quod
                 una
                 &
                 eadem
                 Lex
                 fiat
                 tam
                 Hibernicis
                 quam
                 Anglicis
                 .
              
            
             
               This
               Act
               is
               enrolled
               in
               the
               
                 Patent
                 Rolls
              
               of
               the
               5th
               year
               of
               Edw.
               3.
               
               Parl.
               membr
               .
               25.
               
            
             
               The
               Irish
               therefore
               receiving
               their
               Laws
               from
               hence
               ,
               they
               send
               their
               Students
               at
               Law
               to
               the
               Inns
               of
               Court
               in
               England
               ,
               where
               they
               receive
               their
               Degree
               ,
               and
               of
               them
               ,
               and
               of
               the
               Common-Lawyers
               of
               this
               Kingdom
               ,
               are
               the
               Judges
               made
               .
            
             
               The
               Petitions
               have
               been
               many
               from
               Ireland
               ,
               to
               send
               from
               hence
               some
               Judges
               ,
               more
               learned
               in
               the
               Laws
               ,
               than
               those
               they
               had
               there
               .
            
             
               It
               hath
               been
               frequent
               in
               cases
               of
               difficulty
               there
               ,
               to
               send
               sometimes
               to
               the
               Parliament
               ,
               sometimes
               to
               the
               King
               ,
               by
               advice
               from
               the
               Judges
               here
               ,
               to
               send
               them
               resolutions
               of
               their
               doubts
               .
               Amongst
               many
               ,
               I
               'll
               cite
               your
               Lordships
               only
               one
               ,
               because
               it
               is
               in
               a
               case
               of
               Treason
               upon
               an
               Irish
               Statute
               ,
               and
               therefore
               full
               to
               this
               point
               .
            
             
               By
               a
               Statute
               there
               made
               the
               fifth
               year
               of
               Edw.
               4.
               there
               is
               a
               provision
               made
               for
               such
               as
               upon
               suggestions
               are
               committed
               to
               prison
               for
               Treason
               ,
               that
               the
               party
               committed
               ,
               if
               he
               can
               procure
               24
               Compurgators
               ,
               shall
               be
               bailed
               and
               let
               out
               of
               prison
               .
            
             
               Two
               Citizens
               of
               Dublin
               ,
               were
               by
               a
               Grand
               Jury
               presented
               to
               have
               committed
               Treason
               ,
               they
               desired
               benefit
               of
               this
               Statute
               ,
               that
               they
               might
               be
               let
               out
               of
               prison
               ,
               upon
               tender
               of
               their
               Compurgators
               :
               The
               words
               of
               the
               Statute
               of
               the
               5th
               year
               of
               Edw.
               4th
               .
               in
               Ireland
               being
               obscure
               ,
               the
               Judges
               there
               being
               not
               satisfied
               what
               to
               do
               ,
               sent
               the
               case
               over
               to
               the
               Queen
               ,
               desired
               the
               opinion
               of
               the
               Judges
               here
               ,
               which
               was
               done
               accordingly
               .
               The
               Judges
               here
               sent
               over
               their
               opinion
               ,
               which
               I
               have
               out
               of
               the
               Book
               of
               Justice
               Anderson
               ,
               one
               of
               the
               Judges
               consulted
               withal
               .
               The
               Judges
               delivered
               their
               opinion
               upon
               an
               Irish
               Statute
               ,
               in
               case
               of
               Treason
               .
            
             
               If
               it
               be
               objected
               ,
               That
               in
               this
               Case
               ,
               the
               Judges
               here
               did
               not
               judge
               upon
               the
               party
               ;
               their
               opinions
               were
               only
               
                 ad
                 informandam
                 Conscientiam
              
               ,
               of
               the
               Judges
               in
               Ireland
               ,
               that
               the
               Judgement
               belonged
               to
               the
               Judges
               there
               .
            
             
               My
               Lords
               (
               with
               submission
               )
               this
               and
               the
               other
               Authorities
               ,
               prove
               ,
               that
               for
               which
               they
               were
               cited
               ,
               that
               is
               ,
               that
               no
               absurdity
               ,
               no
               failure
               of
               Justice
               would
               ensue
               ,
               if
               this
               great
               Judicatory
               should
               judge
               of
               Treason
               ,
               so
               made
               by
               an
               Irish
               Statute
               .
            
             
               The
               Common-Law
               rules
               of
               judging
               upon
               an
               Irish
               Statute
               ;
               the
               Pleas
               of
               the
               Crown
               for
               things
               of
               life
               and
               death
               ,
               are
               the
               same
               here
               and
               there
               ,
               this
               is
               all
               that
               yet
               hath
               been
               offered
               .
            
             
               For
               the
               Second
               point
               ,
               That
               England
               hath
               no
               power
               of
               Judicature
               ,
               for
               things
               done
               in
               Ireland
               .
            
             
               My
               Lords
               ,
               the
               constant
               practice
               of
               all
               ages
               ,
               proves
               the
               contrary
               .
            
             
               Writs
               of
               Error
               in
               Pleas
               of
               the
               Crown
               ,
               as
               well
               as
               in
               Civil
               Causes
               ,
               have
               in
               all
               Kings
               Reigns
               been
               brought
               here
               ,
               even
               in
               the
               inferior
               Courts
               of
               Westminster-Hall
               upon
               Judgment
               given
               in
               the
               Courts
               of
               Ireland
               ,
               the
               practice
               is
               so
               frequent
               ,
               and
               so
               well
               known
               ,
               as
               that
               I
               shall
               cite
               none
               of
               them
               to
               your
               Lordships
               ,
               no
               president
               will
               ,
               I
               believe
               ,
               be
               produced
               to
               your
               Lordships
               ,
               that
               ever
               the
               Case
               was
               remanded
               back
               again
               into
               Ireland
               ,
               because
               the
               question
               arose
               upon
               an
               Irish
               Statute
               ,
               or
               Custom
               .
            
             
               Object
               .
               But
               it
               will
               be
               said
               ,
               that
               Writs
               of
               Error
               ,
               are
               only
               upon
               failure
               of
               justice
               in
               Ireland
               ,
               and
               that
               suits
               cannot
               originally
               be
               commenced
               here
               for
               things
               done
               in
               Ireland
               ,
               because
               the
               Kings
               Writ
               runs
               not
               in
               Ireland
               .
            
             
             
               Answ.
               This
               might
               be
               a
               good
               Plea
               in
               the
               Kings-Bench
               ,
               and
               inferior
               Courts
               at
               Westminster-Hall
               ;
               the
               question
               is
               ,
               Whether
               it
               be
               so
               in
               Parliament
               ?
               The
               Kings
               Writ
               runs
               not
               within
               the
               County-Palatine
               of
               Chester
               and
               Durham
               ,
               nor
               within
               the
               Five
               Ports
               ;
               neither
               did
               it
               in
               Wales
               ,
               before
               the
               Union
               of
               Henry
               the
               8th's
               time
               ,
               after
               the
               Laws
               of
               England
               were
               brought
               into
               Wales
               ,
               in
               King
               Edw.
               the
               1.
               time
               ,
               Suits
               were
               not
               originally
               commenced
               at
               Westminster-Hall
               for
               things
               done
               in
               them
               ;
               yet
               this
               never
               excluded
               the
               Parliament-suits
               ;
               for
               Life
               ,
               Lands
               ,
               and
               Goods
               within
               these
               jurisdictions
               ,
               are
               determinable
               in
               Parliament
               ,
               as
               well
               as
               in
               any
               other
               parts
               of
               the
               Realm
               .
            
             
               Ireland
               ,
               as
               appears
               by
               the
               Statute
               of
               the
               Thirtieth
               year
               of
               Henry
               3.
               before-mentioned
               ,
               is
               united
               to
               the
               Crown
               of
               England
               .
            
             
               By
               the
               Statute
               of
               the
               Eight
               and
               twentieth
               year
               of
               Hen.
               6th
               .
               in
               Ireland
               ,
               it
               is
               declared
               in
               these
               words
               ,
               That
               Ireland
               is
               the
               proper
               Dominion
               of
               England
               ,
               and
               united
               to
               the
               Crown
               of
               England
               ,
               which
               Crown
               of
               England
               is
               of
               it self
               ,
               and
               by
               it self
               ,
               wholly
               and
               entirely
               endowed
               with
               all
               Power
               and
               Authority
               sufficient
               to
               yield
               to
               the
               Subjects
               of
               the
               same
               full
               and
               plenary
               remedy
               ,
               in
               all
               Debates
               and
               Suits
               whatsoever
               .
            
             
               By
               the
               Statute
               of
               the
               Three
               and
               twentieth
               year
               of
               Henry
               the
               8th
               ,
               the
               first
               Chapter
               ,
               when
               the
               Kings
               of
               England
               first
               assumed
               the
               Title
               of
               King
               of
               Ireland
               ,
               it
               is
               there
               Enacted
               ,
               that
               Ireland
               still
               is
               to
               be
               held
               as
               a
               Crown
               annexed
               and
               united
               to
               the
               Crown
               of
               England
               .
            
             
               So
               that
               by
               the
               same
               reason
               ,
               from
               this
               that
               the
               Kings
               Writs
               run
               not
               in
               Ireland
               ,
               it
               might
               as
               well
               be
               held
               ,
               that
               the
               Parliament
               cannot
               originally
               hold
               Plea
               of
               things
               done
               within
               the
               County-Palatine
               of
               Chester
               and
               Durham
               ,
               nor
               within
               the
               
                 Five
                 Ports
              
               and
               
                 Wales
                 ;
                 Ireland
              
               ,
               is
               a
               part
               of
               the
               Realm
               of
               England
               ,
               as
               appears
               by
               those
               Statutes
               ,
               as
               well
               as
               any
               of
               them
               .
            
             
               This
               is
               made
               good
               by
               constant
               practice
               in
               all
               the
               Parliament
               Rolls
               ,
               from
               the
               first
               to
               the
               last
               ;
               there
               are
               Receivers
               ,
               and
               Tryers
               of
               Petitions
               appointed
               for
               Ireland
               ;
               for
               the
               Irish
               to
               come
               so
               far
               with
               their
               Petitions
               for
               Justice
               ,
               and
               the
               Parliament
               not
               to
               have
               cognizance
               ,
               when
               from
               time
               to
               time
               they
               had
               in
               the
               beginning
               of
               the
               Parliament
               ,
               appointed
               Receivers
               and
               Tryers
               of
               them
               ,
               is
               a
               thing
               not
               to
               be
               presumed
               .
            
             
               An
               Appeal
               in
               Ireland
               ,
               brought
               by
               William
               Lord
               Vesey
               ,
               against
               
                 Iohn
                 Fitz-Thomas
              
               ,
               for
               Treasonable
               words
               there
               spoken
               ,
               before
               any
               Judgment
               given
               in
               Case
               there
               ,
               was
               removed
               into
               the
               Parliament
               in
               England
               ,
               and
               there
               the
               Defendant
               acquitted
               ,
               as
               appears
               in
               the
               Parliament
               Pleas
               of
               the
               Two
               and
               twentieth
               year
               of
               Edw.
               1.
               
            
             
               The
               Suits
               for
               Lands
               ,
               Offices
               ,
               and
               Goods
               originally
               begun
               here
               are
               many
               ,
               and
               if
               question
               grew
               upon
               matter
               in
               fact
               ,
               a
               Jury
               usually
               ordered
               to
               try
               it
               ,
               and
               the
               Verdict
               returned
               into
               the
               Parliament
               ;
               as
               in
               the
               Case
               of
               one
               Ballyben
               in
               the
               Parliament
               of
               the
               Five
               and
               thirtieth
               year
               of
               Edward
               the
               1.
               
               If
               a
               doubt
               arose
               upon
               a
               matter
               tryable
               by
               Record
               ,
               a
               Writ
               went
               to
               the
               Officers
               ,
               in
               whose
               custody
               the
               Record
               remained
               ,
               to
               certifie
               the
               Record
               ,
               as
               was
               in
               the
               Case
               of
               
                 Robert
                 Bagott
              
               the
               same
               Parliament
               ,
               of
               the
               Five
               and
               thirtieth
               year
               of
               Edward
               the
               1.
               where
               the
               Writ
               went
               to
               the
               Treasurer
               ,
               and
               Barons
               of
               the
               Exchequer
               .
            
             
               Sometimes
               they
               gave
               Judgement
               here
               in
               Parliament
               ,
               and
               commanded
               the
               Judges
               there
               in
               Ireland
               to
               do
               execution
               ,
               as
               in
               the
               great
               Case
               of
               Partition
               ,
               between
               the
               Copartners
               of
               the
               Earl
               Marshal
               in
               the
               Parliament
               of
               the
               Three
               and
               thirtieth
               of
               Edward
               the
               1.
               where
               the
               Writ
               was
               awarded
               to
               the
               Treasurer
               of
               Ireland
               .
            
             
             
               My
               Lords
               ,
               The
               Laws
               of
               Ireland
               were
               introduced
               by
               the
               Parliament
               of
               England
               ,
               as
               appears
               by
               Three
               Acts
               of
               the
               Parliament
               before
               cited
               .
            
             
               It
               is
               of
               higher
               Jurisdiction
               
                 Dare
                 Leges
              
               ,
               then
               to
               judge
               by
               them
               .
            
             
               The
               Parliaments
               of
               England
               do
               bind
               in
               Ireland
               ,
               if
               Ireland
               be
               particularly
               mentioned
               ,
               as
               is
               resolved
               in
               the
               Book-Case
               of
               the
               First
               year
               of
               Henry
               the
               Seventh
               .
               
               Cook
               's
               Seventh
               Report
               ,
               Calvin's
               Case
               ;
               and
               by
               the
               Judges
               in
               Trinity-Term
               ,
               in
               the
               Three
               and
               thirtieth
               year
               of
               Queen
               Elizabeth
               .
               The
               Statute
               of
               the
               Eighth
               year
               of
               Edward
               the
               4th
               ,
               the
               first
               Chapter
               in
               Ireland
               recites
               ,
               That
               it
               was
               doubted
               amongst
               the
               Judges
               ,
               whether
               all
               the
               English
               Statutes
               ,
               though
               not
               naming
               Ireland
               ,
               were
               in
               force
               there
               ?
               if
               named
               ,
               no
               doubt
               .
            
             
               From
               King
               Henry
               the
               3.
               his
               time
               downwards
               ,
               to
               the
               Eighth
               year
               of
               Queen
               Elizabeth
               (
               by
               which
               Statute
               it
               is
               made
               Felony
               to
               carry
               Sheep
               from
               Ireland
               beyond
               Seas
               )
               in
               almost
               all
               these
               Kings
               Reigns
               ,
               there
               be
               Statutes
               made
               concerning
               Ireland
               .
               The
               exercising
               of
               the
               Legislative
               Power
               there
               ,
               over
               their
               Lives
               and
               Estates
               ,
               is
               higher
               than
               of
               the
               Judicial
               in
               question
               :
               Until
               the
               29th
               year
               of
               Edward
               the
               3.
               erroneous
               Judgements
               given
               in
               Ireland
               ,
               were
               determinable
               no
               where
               but
               in
               England
               ;
               no
               ,
               not
               in
               the
               Parliament
               of
               Ireland
               ,
               as
               it
               appears
               in
               the
               close
               Rolls
               in
               the
               Tower
               ,
               in
               the
               29th
               year
               of
               Edw.
               the
               3.
               
               Memb.
               12.
               
               Power
               to
               examine
               and
               reverse
               erroneous
               Judgments
               in
               the
               Parliaments
               of
               Ireland
               is
               granted
               ;
               from
               hence
               ,
               Writs
               of
               Error
               lye
               in
               the
               Parliament
               here
               upon
               erroneous
               Judgements
               ,
               after
               that
               time
               given
               in
               the
               Parliaments
               of
               Ireland
               ,
               as
               appears
               in
               the
               Parliament
               Rolls
               ,
               of
               the
               Eighth
               year
               of
               Henry
               the
               6th
               .
               No.
               70.
               in
               the
               Case
               of
               the
               Prior
               of
               Lenthan
               .
               It
               is
               true
               ,
               the
               Case
               is
               not
               determined
               there
               ,
               for
               it
               's
               the
               last
               thing
               that
               came
               into
               the
               Parliament
               ,
               and
               could
               not
               be
               determined
               for
               want
               of
               time
               ,
               but
               no
               exception
               at
               all
               is
               taken
               to
               the
               Jurisdiction
               .
            
             
               The
               Acts
               of
               Parliament
               made
               in
               Ireland
               ,
               have
               been
               confirmed
               in
               the
               Parliaments
               of
               England
               ,
               as
               appears
               by
               the
               close
               Rolls
               in
               the
               Tower
               ,
               in
               the
               Two
               and
               fortieth
               year
               of
               Edw.
               the
               3.
               
               Memb.
               20.
               
               Dorso
               :
               where
               the
               Parliament
               in
               Ireland
               ,
               for
               the
               preservation
               of
               the
               Countrey
               from
               Irish
               ,
               who
               had
               almost
               destroyed
               it
               ,
               made
               an
               Act
               ,
               That
               all
               the
               Land-Owners
               ,
               that
               were
               English
               ,
               should
               reside
               upon
               their
               Lands
               ,
               or
               else
               they
               were
               to
               be
               forfeited
               ,
               this
               was
               here
               confirmed
               .
            
             
               In
               the
               Parliament
               of
               the
               Fourth
               year
               of
               Henry
               the
               5th
               .
               Chap.
               6.
               
               Acts
               of
               Parliament
               in
               Ireland
               are
               confirmed
               ,
               and
               some
               priviledges
               of
               the
               Peers
               in
               the
               Parliaments
               there
               are
               regulated
               .
            
             
               Power
               to
               repeal
               Irish
               Statutes
               ,
               Power
               to
               confirm
               them
               ,
               cannot
               be
               by
               the
               Parliament
               here
               ,
               if
               it
               hath
               not
               cognizance
               of
               their
               Parliaments
               ;
               unless
               it
               be
               said
               ,
               that
               the
               Parliament
               may
               do
               ,
               it
               knows
               not
               what
               .
            
             
               Garnsey
               and
               Iersey
               are
               under
               the
               Kings
               subjection
               ,
               but
               are
               not
               parcels
               of
               the
               Crown
               of
               England
               ,
               but
               of
               the
               Duchy
               of
               Normandy
               ,
               they
               are
               not
               governed
               by
               the
               Laws
               of
               England
               ,
               as
               Ireland
               is
               ,
               and
               yet
               Parliaments
               in
               England
               have
               usually
               held
               Plea
               of
               ,
               and
               determined
               all
               Causes
               concerning
               Lands
               or
               Goods
               .
               In
               the
               Parliament
               ,
               in
               the
               33
               Edw.
               1.
               there
               be
               
                 Placita
                 de
                 Insula
                 Iersey
              
               .
               And
               so
               in
               the
               Parliament
               ,
               14
               Edw.
               2.
               and
               so
               for
               Normandy
               and
               Gascoigne
               ,
               and
               always
               as
               long
               as
               any
               part
               of
               France
               was
               in
               subjection
               to
               the
               Crown
               of
               England
               ,
               there
               were
               at
               the
               beginning
               of
               the
               Parliaments
               ,
               Receivers
               and
               Tryers
               of
               Petitions
               ,
               for
               those
               parts
               appointed
               .
            
             
               I
               believe
               your
               Lordships
               will
               have
               no
               Case
               shewed
               of
               any
               Plea
               ,
               to
               the
               jurisdiction
               of
               the
               Parliaments
               of
               England
               ,
               in
               any
               things
               done
               in
               any
               parts
               wheresoever
               in
               subjection
               to
               the
               Crown
               of
               England
               .
            
             
               The
               last
               thing
               I
               shall
               offer
               to
               your
               Lordships
               is
               ,
               the
               Case
               of
               19
               Eliz.
               in
               my
               Lord
               Dyer
               ,
               306.
               and
               Judge
               
               Crompton's
               Book
               ,
               of
               the
               jurisdiction
               of
               Courts
               
               fol.
               23.
               
               The
               opinion
               of
               both
               these
               Books
               is
               ,
               That
               an
               Irish
               Peer
               is
               not
               Tryable
               here
               ,
               it
               's
               true
               ,
               a
               Scotch
               or
               French
               Nobleman
               is
               tryable
               here
               ,
               as
               a
               common
               person
               ;
               the
               Law
               takes
               no
               notice
               of
               their
               Nobility
               ,
               because
               those
               Countreys
               are
               not
               governed
               by
               the
               Laws
               of
               England
               ;
               but
               Ireland
               being
               governed
               by
               the
               same
               Laws
               ,
               the
               Peers
               there
               are
               Tryable
               according
               to
               the
               Law
               of
               England
               only
               ,
               
                 per
                 pares
              
               .
            
             
               By
               the
               same
               reason
               ,
               the
               Earl
               of
               Strafford
               ,
               not
               being
               a
               Peer
               of
               Ireland
               ,
               is
               not
               tryable
               by
               the
               Peers
               of
               Ireland
               ;
               so
               that
               if
               he
               be
               not
               tryable
               here
               ,
               he
               is
               tryable
               no
               where
               .
            
             
               My
               Lords
               ,
               In
               case
               there
               be
               a
               Treason
               and
               a
               Traitor
               within
               the
               Statute
               ,
               and
               that
               he
               be
               not
               tryable
               here
               for
               it
               ,
               in
               the
               ordinary
               way
               of
               Judicature
               ,
               if
               that
               jurisdiction
               fail
               ,
               this
               by
               way
               of
               Bill
               doth
               not
               ;
               Attainders
               of
               Treason
               in
               Parliament
               ,
               are
               as
               legal
               ,
               as
               usual
               by
               Act
               of
               Parliament
               ,
               as
               by
               Judgement
               .
            
             
               I
               have
               now
               done
               with
               the
               Statutes
               25
               Edw.
               3.
               and
               18
               Hen.
               6.
               
               My
               Lord
               of
               Strafford
               hath
               offended
               against
               both
               the
               Kingdoms
               ,
               and
               is
               guilty
               of
               High
               Treason
               by
               the
               Laws
               of
               both
               .
            
             
               My
               Lords
               ,
               In
               the
               fifth
               place
               ,
               I
               am
               come
               to
               the
               Treasons
               at
               the
               Common-Law
               ,
               the
               endeavouring
               to
               subvert
               the
               fundamental
               Laws
               and
               Government
               of
               the
               Kingdom
               ,
               and
               to
               introduce
               an
               Arbitrary
               and
               Tyrannical
               Government
               .
            
             
               In
               this
               I
               shall
               not
               at
               all
               labour
               to
               prove
               ,
               That
               the
               endeavouring
               by
               Words
               ,
               Counsels
               and
               Actions
               ,
               to
               subvert
               the
               Laws
               ,
               is
               Treason
               at
               the
               Common-Law
               ,
               if
               there
               be
               any
               Common-Law
               Treasons
               at
               all
               left
               ;
               nothing
               is
               Treason
               ,
               if
               this
               be
               not
               ,
               to
               make
               a
               Kingdom
               no
               Kingdom
               ;
               take
               the
               Polity
               and
               Government
               away
               ,
               Englands
               but
               a
               piece
               of
               Earth
               ,
               wherein
               so
               many
               men
               have
               their
               Commorancy
               and
               abode
               ,
               without
               ranks
               or
               distinction
               of
               men
               ,
               without
               property
               in
               any
               thing
               further
               than
               possession
               ;
               no
               Law
               to
               punish
               the
               Murthering
               ,
               or
               robbing
               one
               another
               .
            
             
               That
               of
               33
               Hen.
               8.
               of
               introducing
               the
               Imperial
               Law
               ,
               sticks
               not
               with
               your
               Lordships
               ;
               it
               was
               in
               case
               of
               an
               Appeal
               to
               Rome
               ;
               these
               Appeals
               in
               Cases
               of
               Marriages
               ,
               and
               other
               causes
               counted
               Ecclesiastical
               ,
               had
               been
               frequent
               ,
               had
               in
               most
               Kings
               Reigns
               been
               tolerated
               ;
               some
               in
               times
               of
               Popery
               put
               a
               conscience
               upon
               them
               ;
               the
               Statutes
               had
               limited
               the
               penalty
               to
               a
               Praemunire
               only
               ,
               neither
               was
               that
               a
               total
               subversion
               ,
               only
               an
               Appeal
               from
               the
               Ecclesiastical
               Court
               here
               in
               a
               single
               Cause
               ,
               to
               the
               Court
               of
               Rome
               ;
               and
               if
               Treason
               or
               not
               ,
               that
               Case
               proves
               not
               a
               Treason
               may
               be
               punished
               as
               a
               Felony
               ;
               a
               Felony
               as
               a
               Trespass
               ,
               if
               His
               Majesty
               so
               please
               ;
               The
               greater
               includes
               the
               less
               in
               the
               Case
               of
               Praemunire
               ;
               in
               the
               Irish
               Reports
               ,
               that
               which
               is
               there
               declared
               to
               be
               Treason
               ,
               was
               proceeded
               upon
               only
               as
               a
               Praemunire
               .
            
             
               The
               things
               most
               considerable
               in
               this
               is
               ,
               Whether
               the
               Treasons
               at
               Common-Law
               ,
               are
               taken
               away
               by
               the
               Statute
               of
               25
               Edw.
               3.
               which
               is
               to
               speak
               against
               both
               the
               direct
               words
               and
               scope
               of
               that
               Statute
               .
            
             
               In
               it
               there
               's
               this
               clause
               ,
               
                 That
                 because
                 many
                 other
                 like
                 Cases
                 of
                 Treason
                 might
                 fall
                 out
                 ,
                 which
                 are
                 not
                 there
                 declared
                 ;
                 therefore
                 it
                 is
                 enacted
                 ,
                 That
                 if
                 any
                 such
                 Case
                 come
                 before
                 the
                 Iudges
                 ,
                 they
                 shall
                 not
                 proceed
                 to
                 Iudgment
                 ,
                 till
                 the
                 Case
                 be
                 declared
                 in
                 Parliament
                 ,
                 whether
                 it
                 ought
                 to
                 be
                 adjudged
                 Treason
                 or
                 not
                 .
              
            
             
               These
               words
               ,
               and
               the
               whole
               scope
               of
               that
               Statute
               shews
               ,
               that
               it
               was
               not
               the
               meaning
               to
               take
               away
               any
               Treasons
               that
               were
               so
               before
               ,
               but
               only
               to
               regulate
               the
               jurisdiction
               and
               manner
               of
               Tryal
               .
               Those
               that
               were
               single
               and
               certain
               Acts
               ,
               as
               conspiring
               the
               Kings
               death
               ,
               Levying
               War
               ,
               Counterfeiting
               the
               Money
               ,
               or
               Great
               Seal
               ,
               Killing
               a
               Judge
               ;
               these
               are
               left
               to
               the
               
               ordinary
               Courts
               of
               Justice
               :
               The
               others
               not
               depending
               upon
               single
               Acts
               ,
               but
               upon
               constructions
               and
               necessary
               inferences
               ,
               they
               thought
               it
               not
               fit
               to
               give
               the
               inferior
               Courts
               so
               great
               a
               latitude
               here
               ,
               as
               too
               dangerous
               to
               the
               Subject
               ,
               those
               they
               restrained
               to
               the
               Parliament
               .
            
             
               This
               Statute
               was
               the
               great
               security
               of
               the
               Subjects
               ,
               made
               with
               such
               wisdom
               ,
               as
               all
               the
               succeeding
               Ages
               have
               approved
               it
               ;
               it
               hath
               often
               passed
               through
               the
               Furnace
               ,
               but
               like
               Gold
               ,
               hath
               left
               little
               or
               nothing
               .
            
             
               The
               Statute
               of
               the
               First
               H.
               4.
               cap.
               10.
               is
               in
               these
               words
               ,
               
                 Whereas
                 in
                 the
                 Parliament
                 held
                 the
              
               21
               
                 year
                 of
              
               Richard
               the
               2.
               
                 divers
                 pains
                 of
                 Treason
                 were
                 ordained
                 ,
                 insomuch
                 that
                 no
                 man
                 did
                 know
                 how
                 to
                 behave
                 himself
                 ,
                 to
                 do
                 ,
                 say
                 ,
                 or
                 speak
                 :
                 It
                 is
                 accorded
                 that
                 in
                 no
                 time
                 to
                 come
                 ,
                 any
                 Treason
                 be
                 adjudged
                 otherwise
                 ,
                 than
                 it
                 was
                 ordained
                 by
                 the
                 Statute
                 of
              
               25th
               of
               Edw.
               3.
               
            
             
               It
               hath
               been
               said
               ,
               To
               what
               end
               is
               this
               Statute
               made
               ,
               if
               it
               takes
               not
               away
               the
               Common-Law
               Treasons
               remaining
               after
               the
               Statute
               of
               the
               25th
               of
               Edw.
               3
               ?
            
             
               Therebe
               two
               main
               things
               which
               this
               Statute
               doth
               ;
               First
               ,
               it
               takes
               away
               for
               the
               future
               all
               the
               Treasons
               ,
               made
               by
               any
               Statute
               since
               25
               Edw.
               3.
               to
               the
               1
               H.
               4.
               even
               to
               that
               time
               ;
               for
               in
               respect
               ,
               that
               by
               another
               Act
               in
               that
               Parliament
               ,
               the
               Statute
               of
               21
               Rich.
               2.
               was
               repealed
               ,
               it
               will
               not
               be
               denyed
               ,
               but
               that
               this
               Statute
               repeals
               more
               Treasons
               than
               these
               of
               the
               21
               R.
               2.
               
               It
               repeals
               all
               Statute-Treasons
               but
               those
               in
               25
               Edw.
               3.
               
            
             
               Secondly
               ,
               It
               not
               only
               takes
               away
               the
               Statute-Treasons
               ,
               but
               likewise
               the
               declared
               Treasons
               in
               Parliament
               ,
               after
               the
               25th
               of
               Edw.
               3.
               as
               to
               the
               future
               ,
               after
               Declaration
               in
               Parliament
               ,
               the
               inferior
               Courts
               might
               judge
               these
               Treasons
               ;
               for
               the
               Declaration
               of
               a
               Treason
               in
               Parliament
               after
               it
               was
               made
               ,
               was
               sent
               to
               the
               inferior
               Courts
               ,
               that
               
                 toties
                 quotîes
              
               the
               like
               Case
               fell
               out
               ,
               they
               might
               proceed
               therein
               ,
               the
               Subject
               for
               the
               future
               ,
               was
               secured
               against
               these
               ;
               so
               that
               this
               Statute
               was
               of
               great
               use
               .
            
             
               But
               by
               the
               very
               words
               of
               it
               ,
               I
               shall
               refer
               all
               Treasons
               to
               the
               provision
               of
               25
               Edw.
               3.
               it
               leaves
               that
               entire
               ,
               and
               upon
               the
               old
               bottom
               .
               The
               Statute
               of
               1
               Queen
               
                 M.
                 cap.
              
               1.
               saith
               ,
               That
               no
               offences
               made
               Treason
               by
               any
               Act
               of
               Parliament
               ,
               shall
               thenceforth
               be
               taken
               or
               adjudged
               to
               be
               Treason
               ,
               but
               only
               such
               as
               be
               declared
               and
               expressed
               to
               be
               Treason
               by
               the
               Statute
               of
               25
               Edw.
               3.
               
               
                 Concerning
                 Treason
                 ,
                 or
                 the
                 Declaration
                 of
                 Treason
                 ,
              
               and
               no
               others
               :
               And
               further
               provides
               ,
               
                 That
                 no
                 pains
                 of
                 death
                 ,
                 penalties
                 ,
                 or
                 forfeiture
                 in
                 any
                 wise
                 shall
                 ensue
                 ,
                 for
                 committing
                 any
                 Treason
                 ,
                 other
                 than
                 such
                 as
                 be
                 in
                 the
                 Statute
                 of
              
               25
               Edw.
               3.
               
                 ordained
                 and
                 provided
                 ,
                 any
                 Act
                 of
                 Parliament
                 ,
                 or
                 any
                 Declaration
                 ,
                 or
                 matter
                 to
                 the
                 contrary
                 ,
                 in
                 any
                 wise
                 notwithstanding
                 .
              
            
             
               By
               the
               first
               of
               this
               Statute
               ,
               only
               offences
               made
               Treason
               by
               Act
               of
               Parliament
               ,
               are
               taken
               away
               ,
               the
               Common-Law-Treasons
               are
               no
               ways
               touched
               ,
               the
               words
               
                 [
                 And
                 no
                 others
              
               ]
               refer
               still
               to
               offences
               made
               Treason
               by
               Act
               of
               Parliament
               ;
               they
               restrain
               not
               to
               the
               Treasons
               only
               ,
               particularly
               mentioned
               in
               the
               Statute
               in
               the
               25th
               Edw.
               3.
               but
               leave
               that
               Statute
               entire
               to
               the
               Common-Law-Treason
               ,
               as
               appears
               by
               the
               words
               immediately
               foregoing
               .
            
             
               By
               the
               Second
               Part
               ,
               for
               the
               peins
               and
               forfeitures
               of
               Treasons
               ,
               if
               it
               intend
               only
               the
               punishment
               of
               Treason
               ,
               or
               if
               it
               intend
               both
               Treason
               and
               Punishment
               ,
               yet
               all
               is
               referred
               to
               the
               Provision
               and
               Ordinance
               of
               25
               Edw.
               3.
               any
               Act
               of
               Parliament
               ,
               or
               other
               Declaration
               ,
               or
               thing
               notwithstanding
               .
            
             
               It
               saith
               not
               ,
               other
               then
               such
               Penalties
               or
               Treasons
               ,
               as
               are
               expressed
               and
               declared
               in
               the
               Statute
               of
               25
               Edw.
               3.
               that
               might
               perhaps
               have
               restrained
               it
               to
               those
               that
               are
               particularly
               mentioned
               ,
               no
               ,
               it
               refers
               all
               Treasons
               to
               
               the
               general
               Ordination
               and
               Provision
               of
               that
               Statute
               ,
               wherein
               the
               Common
               Law
               Treasons
               are
               expresly
               kept
               on
               foot
               .
            
             
               If
               it
               be
               Asked
               ,
               What
               good
               this
               Statute
               doth
               ,
               if
               it
               take
               not
               away
               the
               Common
               Law
               Treasons
               ?
            
             
               1.
               
               It
               takes
               away
               all
               the
               Treasons
               made
               by
               Act
               of
               Parliament
               ,
               not
               only
               since
               the
               first
               of
               Hen.
               4.
               which
               were
               many
               ,
               but
               all
               before
               1
               Hen.
               4.
               even
               until
               the
               25
               E.
               3.
               by
               express
               words
               .
            
             
               2.
               
               By
               express
               words
               ,
               it
               takes
               away
               all
               declared
               Treasons
               ,
               if
               any
               such
               had
               been
               in
               Parliament
               ;
               Those
               for
               the
               future
               are
               likewise
               taken
               away
               ;
               so
               that
               whereas
               it
               might
               have
               been
               doubted
               ,
               whether
               the
               Statute
               of
               the
               1
               H.
               4.
               took
               away
               any
               Treasons
               ,
               but
               those
               of
               the
               22
               d
               and
               23
               d
               years
               of
               R.
               2.
               
               This
               clears
               it
               ,
               both
               for
               Treasons
               made
               by
               Parliament
               ,
               or
               declared
               in
               Parliament
               ,
               even
               to
               the
               time
               of
               making
               the
               Statute
               .
            
             
               This
               is
               of
               great
               use
               ,
               of
               great
               security
               to
               the
               Subject
               ;
               so
               that
               ,
               as
               to
               what
               shall
               be
               Treason
               ,
               and
               what
               not
               ,
               the
               Statute
               of
               25
               E.
               3.
               remains
               entire
               ,
               and
               so
               by
               consequence
               the
               Treasons
               at
               the
               Common
               Law.
               
            
             
               Only
               ,
               my
               Lords
               ,
               it
               may
               be
               doubted
               ,
               whether
               the
               manner
               of
               the
               Parliamentary
               proceedings
               ;
               be
               not
               altered
               by
               the
               Statute
               of
               1
               H.
               4.
               
               Chap.
               17.
               and
               more
               fully
               in
               the
               Parliament
               Roll
               ,
               Number
               144
               ,
               that
               is
               ,
               whether
               since
               that
               Statute
               the
               Parliamentary
               power
               of
               Declaration
               of
               Treasons
               ,
               whereby
               the
               inferiour
               Courts
               Receive
               Jurisdiction
               ,
               be
               not
               taken
               away
               and
               restrained
               only
               to
               Bill
               ,
               that
               so
               it
               might
               operate
               no
               further
               ,
               then
               to
               that
               particular
               contained
               in
               the
               Bill
               ,
               that
               so
               the
               Parliamentary
               Declarations
               for
               after-times
               ,
               should
               be
               kept
               within
               the
               Parliament
               it self
               ,
               and
               be
               extended
               no
               further
               :
               Since
               1
               H.
               4.
               we
               have
               not
               found
               any
               such
               Declarations
               made
               ,
               but
               all
               Attainders
               of
               Treason
               have
               been
               by
               Bill
               ?
            
             
               If
               this
               be
               so
               ,
               yet
               the
               Common-Law
               Treasons
               still
               remaining
               ,
               there
               is
               one
               and
               the
               same
               ground
               of
               reason
               and
               equity
               since
               the
               1
               H.
               4.
               for
               passing
               a
               Bill
               of
               Treason
               ,
               as
               was
               before
               ,
               for
               declaring
               of
               it
               without
               Bill
               .
            
             
               Herein
               the
               Legislative
               power
               is
               not
               used
               against
               my
               Lord
               of
               Strafford
               in
               the
               Bill
               ,
               it
               s
               only
               the
               jurisdiction
               of
               the
               Parliament
               .
            
             
               But
               ,
               my
               Lords
               ,
               because
               that
               either
               through
               my
               mistaking
               of
               the
               true
               grounds
               and
               reasons
               of
               the
               Commons
               ,
               or
               my
               not
               pressing
               them
               with
               apt
               agreements
               ,
               and
               presidents
               of
               former
               times
               ,
               or
               that
               perchance
               your
               Lordships
               ,
               from
               some
               other
               Reasons
               and
               Authorities
               ,
               more
               swaying
               with
               your
               Lorpships
               Judgments
               ,
               then
               these
               from
               them
               ,
               may
               possibly
               be
               of
               a
               contrary
               or
               dubious
               opinion
               ,
               concerning
               these
               Treasons
               ,
               either
               upon
               the
               Statutes
               of
               25
               E.
               3.
               
               &
               18
               H.
               6.
               or
               at
               the
               Common-Law
               .
            
             
               My
               Lords
               ,
               If
               all
               these
               five
               should
               faile
               ,
               they
               have
               therefore
               given
               me
               further
               in
               Command
               ,
               to
               declare
               to
               your
               Lordships
               some
               of
               their
               Reasons
               ,
               why
               they
               conceive
               that
               in
               this
               case
               ,
               the
               meer
               Legislative
               Power
               may
               be
               exercised
               .
            
             
               Their
               reasons
               are
               taken
               from
               these
               three
               grounds
               ;
            
             
               
                 1.
                 
                 From
                 the
                 nature
                 and
                 quality
                 of
                 the
                 Offence
                 .
              
               
                 2.
                 
                 From
                 the
                 Frame
                 and
                 Constitution
                 of
                 the
                 Parliament
                 ,
                 wherein
                 this
                 Law
                 is
                 made
                 .
              
               
                 3.
                 
                 From
                 Practices
                 and
                 Usages
                 of
                 former
                 times
                 .
              
            
             
             
               The
               horridness
               of
               the
               Offence
               ,
               in
               endeavouring
               the
               overthrowing
               the
               Lawes
               and
               present
               Government
               ,
               hath
               been
               fully
               opened
               to
               your
               Lordships
               heretofore
               .
            
             
               The
               Parliament
               is
               the
               Representation
               of
               the
               whole
               Kingdom
               ;
               wherein
               the
               King
               as
               Head
               ,
               your
               Lordships
               as
               the
               most
               Noble
               ,
               and
               the
               Commons
               the
               other
               Members
               ,
               are
               knit
               together
               into
               one
               Body
               Politick
               ;
               This
               dissolves
               the
               Arteries
               and
               Ligaments
               that
               hold
               the
               Body
               together
               ,
               the
               Lawes
               ;
               He
               that
               takes
               away
               the
               Lawes
               ,
               takes
               not
               away
               the
               Allegiance
               of
               one
               Subject
               alone
               ,
               but
               of
               the
               whole
               Kingdom
               .
            
             
               It
               was
               made
               Treason
               by
               the
               Statute
               of
               13.
               
               Eliz.
               for
               Her
               time
               ,
               to
               affirm
               ,
               that
               the
               Lawes
               of
               the
               Realm
               do
               not
               bind
               the
               Descent
               of
               the
               Crown
               ;
               no
               Law
               ,
               no
               Descent
               at
               all
               .
            
             
               No
               Lawes
               ,
               no
               Peerage
               ;
               no
               Rankes
               or
               Degrees
               of
               men
               ;
               the
               same
               Condition
               to
               all
               .
            
             
               It
               's
               Treason
               to
               kill
               a
               Judge
               upon
               the
               Bench
               ;
               this
               kills
               not
               
                 Iudicem
                 ,
                 sed
                 Iudicium
              
               ;
               He
               that
               borrowed
               Apelles
               ,
               and
               gave
               Bond
               to
               return
               again
               Apelles
               the
               Painter
               ,
               sent
               him
               home
               ,
               after
               he
               had
               cut
               off
               his
               Right
               Hand
               ;
               his
               Bond
               was
               broken
               ;
               Apelles
               was
               sent
               ,
               but
               not
               the
               Painter
               .
               There
               are
               Twelve
               Men
               ,
               but
               no
               Law
               ;
               there
               's
               never
               a
               Judge
               amongst
               them
               .
            
             
               It
               's
               Felony
               to
               Imbezle
               any
               one
               of
               the
               Judicial
               Records
               of
               the
               Kingdom
               ;
               this
               at
               once
               Sweeps
               them
               all
               away
               ,
               and
               from
               all
               .
            
             
               It
               's
               Treason
               to
               Counterfeit
               a
               Twenty
               shillings
               piece
               ;
               here
               's
               a
               Counterfeiting
               of
               the
               Law
               ;
               we
               can
               call
               neither
               the
               Counterfeit
               ,
               nor
               True
               Coyn
               ,
               our
               own
               .
            
             
               It
               's
               Treason
               to
               Counterfeit
               the
               Great-Seal
               for
               an
               Acre
               of
               Land
               ;
               no
               property
               hereby
               is
               left
               to
               any
               Land
               at
               all
               ;
               nothing
               Treason
               now
               ,
               either
               against
               King
               or
               Kingdom
               ;
               no
               Law
               to
               punish
               it
               .
            
             
               My
               Lords
               ,
               If
               the
               Question
               were
               Asked
               at
               Westminster-Hall
               ,
               Whether
               this
               were
               a
               Crime
               punishable
               in
               Star-Chamber
               ,
               or
               in
               the
               Kings-Bench
               ,
               by
               Fine
               ,
               or
               Imprisonment
               ?
               they
               would
               say
               it
               went
               higher
               :
               If
               whether
               Felony
               ?
               they
               would
               say
               ,
               that
               's
               for
               an
               Offence
               only
               against
               the
               Life
               ,
               or
               Goods
               of
               some
               one
               or
               few
               persons
               ;
               It
               would
               ,
               I
               believe
               ,
               be
               answered
               by
               the
               Judges
               ,
               as
               it
               was
               by
               the
               Chief
               Justice
               Thurning
               in
               21
               R.
               2.
               that
               though
               he
               could
               not
               Judge
               the
               Case
               Treason
               there
               before
               him
               ,
               yet
               if
               he
               were
               a
               Peer
               in
               Parliament
               he
               would
               so
               Adjudge
               it
               .
            
             
               My
               Lords
               ,
               if
               it
               be
               too
               big
               for
               those
               Courts
               ,
               we
               hope
               it
               's
               in
               the
               right
               way
               here
               .
            
             
               2.
               
               The
               second
               Consideration
               is
               from
               the
               Frame
               and
               Constitution
               of
               the
               Parliament
               ;
               the
               Parliament
               is
               the
               great
               Body
               Politick
               ,
               it
               comprehends
               all
               ,
               from
               the
               King
               to
               the
               Beggar
               ;
               if
               so
               ,
               My
               Lords
               ,
               as
               the
               Natural
               ,
               so
               this
               Body
               ,
               it
               hath
               power
               over
               it self
               ,
               and
               every
               one
               of
               the
               Members
               ,
               for
               the
               preservation
               of
               the
               whole
               ;
               It
               's
               both
               the
               Physitian
               and
               the
               Patient
               ;
               If
               the
               Body
               be
               distempered
               ,
               it
               hath
               power
               to
               open
               a
               Vein
               ,
               to
               let
               out
               the
               corrupt
               blood
               for
               curing
               it self
               ;
               if
               one
               Member
               be
               Poysoned
               or
               Gangred
               ,
               it
               hath
               power
               to
               cut
               it
               off
               for
               the
               preservation
               of
               the
               rest
               .
            
             
               But
               ,
               my
               Lords
               ,
               it
               hath
               often
               been
               inculcated
               ,
               that
               Law-makers
               should
               imitate
               the
               Supreme
               Law-giver
               ,
               who
               commonly
               warnes
               before
               he
               strikes
               .
               The
               Law
               was
               promulged
               before
               the
               Judgment
               of
               death
               for
               gathering
               the
               Sticks
               .
               No
               Law
               ,
               no
               Transgression
               .
            
             
               My
               Lords
               ,
               To
               this
               rule
               of
               Law
               is
               
                 Frustra
                 legis
                 auxilium
                 invocat
                 ,
                 qui
                 in
                 legem
                 committit
                 ,
              
               from
               the
               
                 Lex
                 talionis
              
               ;
               he
               that
               would
               not
               have
               had
               others
               
               to
               have
               a
               Law
               ,
               Why
               should
               he
               have
               any
               himself
               ?
               Why
               should
               not
               that
               be
               done
               to
               him
               ,
               that
               himself
               would
               have
               done
               to
               others
               ?
            
             
               It
               's
               true
               ,
               we
               give
               Law
               to
               Hares
               and
               Deers
               ,
               because
               they
               be
               Beasts
               of
               Chase
               ;
               It
               was
               never
               accounted
               either
               cruelty
               or
               foul
               play
               ,
               to
               knock
               Foxes
               and
               Wolves
               on
               the
               head
               ,
               as
               they
               can
               be
               found
               ,
               because
               these
               be
               Beasts
               of
               Prey
               .
               The
               Warrener
               sets
               Traps
               for
               Polcats
               and
               other
               Vermine
               ,
               for
               preservation
               of
               the
               Warren
               .
            
             
               Further
               ,
               my
               Lords
               ,
               most
               dangerous
               Diseases
               ,
               if
               not
               taken
               in
               time
               ,
               they
               kill
               ;
               Errors
               ,
               in
               great
               things
               ,
               as
               War
               and
               Marriage
               ,
               they
               allow
               no
               time
               for
               repentance
               ;
               it
               would
               have
               been
               too
               late
               to
               make
               a
               Law
               ,
               when
               there
               had
               been
               no
               Law.
               
            
             
               My
               Lords
               ,
               for
               further
               Answer
               to
               this
               Objection
               ,
               he
               hath
               offended
               against
               a
               Law
               ,
               a
               Law
               within
               the
               endeavouring
               to
               subvert
               the
               Lawes
               ,
               and
               Polity
               of
               the
               State
               wherein
               he
               lived
               ,
               which
               had
               so
               long
               ,
               and
               with
               such
               faithfulness
               protected
               his
               Ancestry
               ,
               Himself
               ,
               and
               his
               whole
               Family
               :
               It
               was
               not
               
                 Malum
                 quia
                 prohibitum
              
               ,
               it
               was
               
                 Malum
                 in
                 se
              
               ,
               against
               the
               Dictates
               of
               the
               dullest
               Conscience
               ,
               against
               the
               Light
               of
               Nature
               ,
               they
               not
               having
               a
               Law
               ,
               were
               a
               Law
               to
               themselves
               .
            
             
               Besides
               this
               ,
               he
               knew
               a
               Law
               without
               ,
               that
               the
               Parliament
               ,
               in
               Cases
               of
               this
               Nature
               ,
               had
               
                 Potestatem
                 vitae
                 &
                 necis
              
               .
            
             
               Nay
               ,
               he
               well
               knew
               ,
               that
               he
               offended
               the
               Promulged
               and
               Ordinary
               Rules
               of
               Law.
               Crimes
               against
               Law
               have
               been
               Proved
               ,
               have
               been
               Confessed
               ,
               so
               that
               the
               Question
               is
               not
               
                 De
                 culpa
                 ,
                 sed
                 de
                 poena
                 ,
              
               What
               degree
               of
               Punishment
               those
               Faults
               deserve
               ?
               We
               must
               differ
               from
               him
               in
               Opinion
               ,
               That
               twenty
               Felonies
               cannot
               make
               a
               Treason
               ,
               if
               it
               be
               meant
               of
               equallity
               in
               the
               use
               of
               the
               Legislative
               Power
               ;
               for
               he
               that
               deserves
               death
               for
               one
               of
               these
               Felonies
               alone
               ,
               deserves
               a
               Death
               more
               Painful
               ,
               and
               more
               Ignominious
               for
               all
               together
               .
            
             
               Every
               Felony
               is
               punished
               with
               loss
               of
               Life
               ,
               Lands
               and
               Goods
               ;
               a
               Felony
               may
               be
               aggravated
               with
               those
               Circumstances
               ,
               as
               that
               the
               Parliament
               with
               good
               reason
               may
               add
               to
               the
               Circumstances
               of
               Punishment
               ,
               as
               was
               done
               in
               the
               Case
               of
               
                 Iohn
                 Hall
              
               ,
               in
               the
               Parliament
               of
               the
               1
               H.
               4.
               who
               ,
               for
               a
               Barbarous
               Murder
               ,
               committed
               upon
               the
               Duke
               of
               Glocester
               ,
               Stifling
               him
               between
               two
               Feather-Beds
               at
               Calice
               ,
               was
               Adjudged
               to
               be
               Hanged
               ,
               Drawn
               and
               Quartered
               .
            
             
               Batteries
               by
               Law
               are
               only
               punishable
               by
               Fine
               ,
               and
               single
               Damages
               to
               the
               Party
               Wounded
               .
            
             
               In
               the
               Parliament
               held
               in
               1
               H.
               4.
               
               Cap.
               6.
               one
               Savage
               committed
               a
               Battery
               upon
               one
               Chedder
               ,
               Servant
               to
               Sir
               
                 Iohn
                 Brooke
              
               ,
               a
               Knight
               of
               the
               Parliament
               for
               Somersetshire
               .
               It
               's
               there
               Enacted
               ,
               that
               he
               shall
               pay
               double
               Damages
               ,
               and
               stand
               Convicted
               ,
               if
               he
               render
               not
               himself
               by
               such
               a
               time
               .
               The
               manner
               of
               proceedings
               quickned
               ,
               and
               the
               penalty
               doubled
               ;
               the
               Circumstances
               were
               considered
               ,
               it
               concerned
               the
               Common-Wealth
               ,
               it
               was
               a
               Battery
               with
               Breach
               of
               Priviledge
               of
               Parliament
               .
            
             
               This
               made
               a
               perpetual
               Act
               :
               no
               warning
               to
               the
               first
               Offender
               :
               and
               in
               the
               Kings
               Bench
               ,
               as
               appears
               by
               the
               Book-Case
               of
               9
               H.
               4.
               the
               first
               leaf
               ,
               Double
               Damages
               were
               recovered
               .
            
             
               My
               Lords
               ,
               in
               this
               of
               the
               Bill
               ,
               the
               Offence
               is
               High
               and
               General
               ,
               against
               the
               King
               and
               the
               Common-wealth
               ,
               against
               all
               ,
               and
               the
               best
               of
               all
               .
            
             
               If
               every
               Felony
               be
               loss
               of
               Life
               ,
               Lands
               and
               Goods
               ;
               What
               is
               Misuser
               of
               the
               Legislative
               Power
               ,
               by
               Addition
               of
               Ignominy
               ,
               in
               the
               Death
               and
               Disposal
               of
               the
               Lands
               to
               the
               Crown
               ,
               the
               Publick
               Patrimony
               of
               the
               Kingdom
               ?
            
             
             
               But
               it
               was
               hoped
               ,
               that
               your
               Lordships
               had
               no
               more
               skill
               in
               the
               Art
               of
               killing
               Men
               ,
               then
               your
               worthy
               Ancestors
               .
            
             
               My
               Lords
               ,
               this
               Appeal
               from
               your selves
               to
               your
               Ancestors
               we
               do
               admit
               of
               ,
               although
               we
               do
               not
               admit
               of
               that
               from
               your
               Lordships
               to
               the
               Peers
               of
               Ireland
               .
            
             
               He
               hath
               appealed
               to
               them
               ;
               your
               Lordships
               will
               be
               pleased
               to
               hear
               ,
               what
               Judgment
               they
               have
               already
               given
               in
               the
               case
               ,
               that
               is
               ,
               the
               several
               Attainders
               of
               Treason
               in
               Parliament
               ;
               after
               the
               Statute
               of
               25
               E.
               3.
               for
               Treasons
               not
               mentioned
               ,
               nor
               within
               that
               Statute
               ,
               and
               those
               upon
               the
               first
               Offenders
               without
               warning
               given
               .
            
             
               By
               the
               Statute
               of
               25
               E.
               3.
               it
               's
               Treason
               to
               levy
               War
               against
               the
               King
               ;
               Gomines
               and
               Weston
               afterwards
               in
               Parliament
               ,
               in
               the
               1
               R.
               2.
               n.
               38
               ,
               39
               ,
               adjudged
               Traytors
               for
               surrendring
               two
               several
               Castles
               in
               France
               ,
               only
               out
               of
               fear
               ,
               without
               any
               Compliance
               with
               the
               Enemy
               ;
               this
               not
               within
               the
               Statute
               of
               25th
               E.
               3.
               
            
             
               My
               Lords
               ,
               In
               the
               3
               d
               of
               Rich.
               2d.
               
                 Iohn
                 Imperiall
              
               that
               came
               into
               England
               upon
               Letters
               of
               Safe
               Conduct
               ,
               as
               an
               Agent
               for
               the
               State
               of
               Genoa
               ,
               sitting
               in
               the
               evening
               before
               his
               door
               ,
               in
               Breadstreet
               (
               as
               the
               words
               of
               the
               Records
               are
               )
               
                 Paulo
                 ante
                 ignitegium
                 ;
                 Iohn
                 Kirkby
                 ,
              
               and
               another
               Citizen
               coming
               that
               way
               ,
               Casually
               Kirkby
               troad
               upon
               his
               Toe
               ,
               it
               being
               twilight
               ,
               this
               grew
               to
               a
               Quarrel
               ,
               and
               the
               Ambassador
               was
               slain
               ;
               Kirkby
               was
               Indicted
               of
               High-Treason
               ,
               the
               Indictment
               finds
               all
               this
               ,
               and
               that
               it
               was
               only
               done
               
                 se
                 defendendo
              
               ,
               and
               without
               malice
               .
            
             
               The
               Judges
               ,
               it
               being
               out
               of
               the
               Statute
               25
               E.
               3.
               could
               not
               proceed
               ;
               the
               Parliament
               declared
               it
               Treason
               ,
               and
               Judgment
               afterwards
               of
               High-Treason
               :
               there
               's
               nothing
               can
               bring
               this
               within
               the
               Statute
               of
               25
               E.
               3.
               but
               it
               concerns
               the
               Honor
               of
               the
               Nation
               ,
               that
               the
               Publick
               Faith
               should
               be
               strictly
               kept
               :
               It
               might
               endanger
               the
               Traffique
               of
               the
               Kingdom
               ;
               they
               made
               not
               a
               Law
               first
               ,
               they
               made
               the
               first
               man
               an
               Example
               ;
               this
               is
               in
               the
               Parliament-Roll
               3
               R.
               2.
               
               Number
               18.
               and
               
                 Hillary
                 Terme
              
               ,
               3
               R.
               2.
               
               Rot.
               31.
               in
               the
               Kings-Bench
               ,
               where
               Judgment
               is
               given
               against
               him
               .
            
             
               In
               11
               R.
               2.
               
               Tresilian
               ,
               and
               some
               others
               ,
               attainted
               of
               Treason
               for
               delivering
               Opinions
               in
               the
               Subversion
               of
               the
               Law
               ,
               and
               some
               others
               for
               plotting
               the
               like
               .
               My
               Lords
               ,
               the
               Case
               hath
               upon
               another
               occasion
               been
               opened
               to
               your
               Lordships
               ;
               only
               this
               is
               observable
               ,
               that
               in
               the
               Parliament
               of
               the
               first
               year
               of
               Henry
               the
               Third
               ,
               where
               all
               Treasons
               are
               again
               reduced
               to
               the
               Statute
               of
               25
               E.
               3.
               
               These
               Attainders
               were
               by
               a
               particular
               Act
               confirmed
               and
               made
               good
               ,
               that
               the
               memory
               thereof
               might
               be
               transmitted
               to
               succeeding
               Ages
               ,
               they
               stand
               good
               unto
               this
               day
               ;
               the
               offences
               there
               as
               here
               ,
               were
               the
               endeavouring
               the
               Subversion
               of
               the
               Laws
               .
            
             
               My
               Lords
               ,
               after
               the
               1
               H.
               4.
               
               Sir
               
                 Iohn
                 Mortimer
              
               being
               committed
               to
               the
               Tower
               ,
               upon
               suspition
               of
               Treason
               ,
               brake
               Prison
               ,
               and
               made
               his
               escape
               ;
               This
               no
               way
               within
               any
               Statute
               ,
               or
               any
               former
               Judgment
               at
               Common-Law
               for
               this
               ,
               that
               is
               ,
               for
               breaking
               the
               Prison
               only
               ,
               and
               no
               other
               cause
               ;
               in
               the
               Parliament
               held
               the
               second
               year
               of
               Henry
               the
               Sixth
               ,
               he
               was
               attainted
               of
               High-Treason
               by
               Bill
               .
            
             
               My
               Lords
               ,
               Poysoning
               is
               only
               Murder
               ,
               yet
               one
               
                 Richard
                 Cooke
              
               having
               put
               Poyson
               into
               a
               Pot
               of
               Pottage
               in
               the
               Kitchin
               of
               the
               Bishop
               of
               Rochester
               ,
               whereof
               two
               persons
               dyed
               ,
               he
               's
               Attainted
               of
               Treason
               ,
               and
               it
               was
               Enacted
               ,
               that
               he
               should
               be
               Boyled
               to
               Death
               by
               the
               Statute
               of
               22
               H.
               8.
               c.
               9.
               
            
             
               By
               the
               Statute
               of
               the
               25
               H.
               8.
               
               
                 Elizabeth
                 Barton
              
               the
               Holy
               Maid
               of
               Kent
               ,
               for
               pretending
               Revelations
               from
               God
               ,
               That
               God
               was
               highly
               displeased
               with
               the
               King
               ,
               for
               being
               Divorced
               from
               the
               Lady
               Katherine
               ,
               and
               that
               in
               
               case
               he
               persisted
               in
               the
               Separation
               ,
               and
               should
               Marry
               another
               ,
               that
               he
               would
               not
               continue
               King
               not
               above
               one
               Moneth
               after
               ,
               because
               this
               tended
               to
               the
               depriving
               of
               the
               lawful
               Succession
               to
               the
               Crown
               ,
               she
               is
               Attainted
               of
               Treason
               .
            
             
               My
               Lords
               ,
               all
               these
               Attainders
               ,
               for
               ought
               I
               know
               ,
               are
               in
               force
               at
               this
               day
               .
               The
               Statutes
               of
               the
               First
               year
               of
               Henry
               the
               4
               th
               .
               and
               the
               First
               of
               Queen
               Mary
               ,
               although
               they
               were
               willing
               to
               make
               the
               Statute
               of
               25
               E.
               3.
               the
               Rule
               to
               the
               Inferiour
               Courts
               ,
               yet
               they
               left
               the
               Attainders
               in
               Parliament
               ,
               precedent
               to
               themselves
               ,
               untoucht
               ,
               wherein
               the
               Legislative
               power
               had
               been
               exercised
               .
               There
               's
               nothing
               in
               them
               whence
               it
               can
               be
               gathered
               ,
               but
               that
               they
               intended
               to
               leave
               it
               as
               free
               for
               the
               future
               .
            
             
               My
               Lords
               ,
               In
               all
               these
               Attainders
               ,
               there
               were
               Crimes
               and
               Offences
               against
               the
               Law
               ;
               they
               thought
               it
               not
               unjust
               (
               Circumstances
               considered
               )
               to
               heighten
               and
               add
               to
               the
               degrees
               of
               punishment
               ,
               and
               that
               upon
               the
               first
               Offender
               .
            
             
               My
               Lords
               ,
               we
               receive
               ,
               as
               just
               ,
               the
               other
               Lawes
               and
               Statutes
               made
               by
               these
               our
               Ancestors
               ,
               they
               are
               the
               Rules
               we
               go
               by
               in
               other
               Cases
               ,
               Why
               should
               we
               differ
               from
               them
               in
               this
               alone
               ?
            
             
               These
               ,
               my
               Lords
               ,
               are
               in
               part
               those
               things
               ,
               which
               have
               satisfied
               the
               Commons
               in
               passing
               the
               Bill
               ,
               it
               is
               now
               left
               to
               the
               Judgment
               and
               Justice
               of
               your
               Lordships
               .
            
          
           
             
               Upon
               the
               Close
               of
               Mr.
               St.
               Iohns
               Speech
               the
               House
               Adjourned
               ,
               nor
               was
               there
               one
               word
               spoken
               but
               by
               Master
               St.
               Iohns
               ,
               onely
               the
               Lord
               Lieutenant
               used
               the
               last
               part
               of
               his
               Rhetorick
               ,
               and
               by
               a
               dumb
               Eloquence
               ,
               
                 Manibus
                 ad
                 sydera
                 tensis
              
               ,
               often
               holding
               up
               his
               hands
               towards
               Heaven
               ,
               all
               along
               Mr.
               St.
               Iohns
               Speech
               ,
               made
               his
               Replies
               with
               a
               deep
               silence
               .
            
          
        
         
           
             Upon
             
               Fryday
               ,
               April
            
             the
             30th
             ,
             he
             Petitioned
             the
             Lords
             to
             be
             heard
             again
             ,
             alleadging
             ,
             That
             his
             Lawyers
             had
             not
             fully
             spoken
             at
             their
             last
             meeting
             ,
             but
             this
             was
             denyed
             him
             ,
             because
             the
             House
             of
             Commons
             were
             to
             have
             the
             last
             Speech
             ,
             nor
             were
             they
             content
             to
             speak
             again
             .
          
           
             The
             following
             SPEECH
             of
             
               Mr.
               Glyns
            
             ,
             is
             ,
             by
             a
             Mistake
             Misplaced
             ,
             for
             it
             ought
             to
             be
             next
             to
             my
             Lords
             Summary
             of
             the
             Evidence
             .
          
           
             
             
               Mr.
               GLYN'S
               REPLY
               TO
               THE
               Earl
               of
               Strafford's
               DEFENCE
               .
            
             
               My
               Lord
               of
               Strafford
               having
               concluded
               the
               Recapitulation
               of
               his
               Evidence
               ;
               Mr.
               Glyn
               applyed
               himself
               to
               their
               Lordships
               in
               manner
               following
               .
            
             
               
                 May
                 it
                 please
                 your
                 Lordships
                 ,
              
            
             
               MY
               Lord
               of
               Strafford
               (
               as
               your
               Lordships
               have
               observed
               ,
               )
               hath
               spent
               a
               great
               deal
               of
               time
               in
               his
               Evidence
               ,
               and
               in
               his
               course
               of
               answering
               ,
               hath
               inverted
               the
               order
               of
               the
               Articles
               ;
               he
               hath
               spent
               some
               time
               likewise
               in
               defending
               the
               Articles
               not
               objected
               against
               him
               ,
               wherein
               he
               hath
               made
               a
               good
               Answer
               ,
               if
               in
               any
               :
               we
               shall
               presume
               to
               withdraw
               a
               while
               ,
               and
               rest
               upon
               your
               Lordships
               patience
               ;
               and
               I
               doubt
               not
               but
               to
               represent
               my
               Lord
               of
               Strafford
               as
               cunning
               in
               his
               Answer
               ,
               as
               he
               is
               subtil
               in
               his
               practice
               .
            
             
               
                 The
                 Committee
                 withdrawing
                 for
                 about
                 the
                 space
                 of
                 half
                 an
                 hour
                 ,
                 and
                 then
                 returning
                 to
                 the
                 Bar
                 ,
                 Mr.
              
               Glyn
               
                 proceeded
                 as
                 followeth
              
               .
            
             
               My
               Lords
               ,
               your
               Lordships
               have
               observed
               how
               the
               Earl
               of
               Strafford
               hath
               been
               accused
               by
               the
               Commons
               of
               England
               of
               
                 High
                 Treason
                 ,
                 for
                 a
                 purpose
                 and
                 design
                 to
                 subvert
                 the
                 Fundamental
                 Laws
                 of
                 both
                 the
                 Kingdoms
                 ,
                 of
              
               England
               and
               Ireland
               ,
               
                 and
                 to
                 introduce
                 an
                 Arbitrary
                 and
                 Tyrannical
                 Government
                 :
              
               The
               Commons
               have
               exhibited
               Articles
               in
               maintenance
               of
               that
               Charge
               :
               My
               Lord
               of
               Strafford
               hath
               thereunto
               answered
               in
               Writing
               .
               The
               Commons
               have
               proceeded
               to
               make
               good
               their
               Charge
               by
               proof
               ,
               and
               thereunto
               my
               Lord
               of
               Strafford
               hath
               made
               his
               Defence
               ;
               and
               this
               day
               my
               Lord
               
               of
               Strafford
               hath
               taken
               upon
               him
               to
               recollect
               his
               Evidence
               ,
               and
               make
               his
               observation
               upon
               it
               ,
               the
               most
               he
               could
               to
               his
               advantage
               .
            
             
               My
               Lords
               ,
               We
               that
               are
               intrusted
               for
               the
               House
               of
               Commons
               ,
               stand
               here
               to
               recollect
               the
               Evidence
               on
               our
               part
               ,
               and
               to
               apply
               it
               to
               the
               general
               Charge
               ,
               and
               how
               far
               it
               conduces
               thereunto
               .
            
             
               My
               Lord
               of
               Strafford
               in
               recollecting
               the
               Evidence
               of
               his
               Defence
               ,
               as
               I
               did
               mention
               before
               ,
               hath
               (
               under
               favour
               )
               exprest
               very
               much
               subtilty
               ,
               and
               that
               in
               divers
               particulars
               ,
               which
               I
               shall
               represent
               to
               your
               Lordships
               .
            
             
               My
               Lords
               ,
               before
               I
               enter
               upon
               the
               recollection
               of
               the
               proofs
               produced
               on
               the
               behalf
               of
               the
               Commons
               ,
               I
               shall
               make
               some
               observations
               ,
               and
               give
               some
               answer
               to
               that
               recollection
               of
               his
               ;
               though
               very
               disorderly
               to
               the
               method
               I
               propounded
               to
               my self
               .
            
             
               And
               First
               ,
               in
               general
               ,
               it
               will
               appear
               to
               your
               Lordships
               ,
               (
               looking
               upon
               your
               Notes
               ,
               and
               observing
               his
               recollection
               )
               that
               he
               hath
               used
               the
               repetition
               of
               Evidence
               on
               both
               sides
               ,
               in
               such
               manner
               as
               you
               know
               who
               useth
               Scripture
               ;
               that
               is
               ,
               to
               cite
               as
               much
               as
               makes
               for
               his
               purpose
               ,
               and
               leave
               out
               the
               rest
               .
               And
               likewise
               ,
               that
               in
               repetition
               of
               the
               Evidence
               ,
               he
               hath
               mis-recited
               plainly
               ,
               very
               much
               of
               the
               proofs
               on
               both
               sides
               ,
               and
               likewise
               hath
               pretended
               some
               proofs
               to
               be
               for
               his
               Defence
               ,
               which
               indeed
               were
               not
               :
               and
               he
               hath
               taken
               this
               farther
               advantage
               ;
               when
               it
               makes
               for
               his
               Defence
               ,
               he
               hath
               disjoynted
               the
               Proofs
               and
               Testimonies
               ,
               and
               severed
               them
               asunder
               ,
               that
               it
               might
               appear
               to
               your
               Lordships
               ,
               like
               Rain
               falling
               in
               drops
               ,
               which
               considered
               in
               distinct
               drops
               ,
               bring
               no
               horror
               ,
               or
               seeming
               inconvenience
               with
               them
               ;
               but
               when
               they
               are
               gathered
               together
               into
               an
               entire
               body
               ,
               they
               make
               an
               Inundation
               ,
               and
               cover
               the
               face
               of
               the
               earth
               .
               He
               would
               not
               have
               your
               Lordships
               look
               on
               those
               Testimonies
               together
               ,
               but
               distinctly
               and
               asunder
               ,
               which
               being
               put
               together
               ,
               look
               horrid
               ,
               as
               will
               appear
               to
               your
               Lordships
               ,
               when
               you
               duly
               consider
               of
               them
               .
            
             
               These
               be
               the
               general
               observations
               ,
               which
               in
               my
               Answer
               I
               doubt
               not
               but
               to
               make
               good
               :
               But
               before
               I
               shall
               enter
               into
               observations
               of
               what
               he
               hath
               spoken
               ,
               I
               shall
               answer
               in
               general
               to
               some
               things
               which
               he
               hath
               in
               general
               alledged
               .
            
             
               In
               the
               first
               place
               ,
               he
               hath
               made
               a
               flourish
               this
               day
               ,
               and
               several
               other
               days
               in
               the
               way
               of
               his
               Defence
               ,
               
                 That
                 if
                 he
                 could
                 have
                 had
                 longer
                 time
                 ,
                 he
                 could
                 have
                 made
                 things
                 appear
                 clearer
                 ,
                 and
                 have
                 produced
                 more
                 proofs
                 .
              
               Give
               me
               leave
               to
               inform
               your
               Lordships
               ,
               that
               he
               is
               no
               way
               streightned
               of
               time
               ,
               for
               he
               hath
               been
               charged
               above
               three
               months
               since
               :
               he
               knew
               what
               was
               laid
               to
               his
               Charge
               ,
               and
               therefore
               his
               pretence
               of
               want
               of
               time
               ,
               and
               of
               his
               disabilities
               to
               make
               better
               proofs
               ,
               are
               but
               flourishes
               .
               And
               it
               appears
               plainly
               ,
               whatsoever
               he
               hath
               had
               occasion
               to
               make
               use
               of
               ,
               even
               the
               least
               paper
               ,
               though
               he
               fetched
               it
               from
               Ireland
               ,
               there
               is
               not
               one
               wanting
               ;
               he
               hath
               copies
               of
               Papers
               from
               the
               Council-Table
               ,
               from
               the
               Parliament
               of
               Ireland
               ,
               and
               all
               that
               may
               any
               way
               tend
               to
               his
               justification
               ,
               and
               yet
               he
               stands
               upon
               that
               
                 flourish
                 ,
                 that
                 if
                 he
                 had
                 had
                 time
                 ,
                 he
                 could
                 have
                 made
                 it
                 more
                 clear
                 .
              
            
             
               My
               Lords
               ,
               He
               hath
               mentioned
               often
               this
               day
               ,
               and
               oftner
               the
               days
               before
               ,
               
                 That
                 many
                 of
                 the
                 Articles
                 laid
                 to
                 his
                 charge
                 ,
                 are
                 proved
                 but
                 by
                 one
                 Witness
              
               ;
               and
               thereupon
               he
               takes
               the
               advantage
               of
               the
               Statute
               of
               E.
               6.
               that
               sayes
               ,
               
                 A
                 man
                 ought
                 not
                 to
                 be
                 condemned
                 for
                 High
                 Treason
                 ,
                 without
                 two
                 witnesses
                 .
              
               My
               Lords
               ,
               This
               is
               a
               fallacy
               known
               to
               his
               own
               breast
               ,
               I
               doubt
               not
               ,
               and
               not
               taught
               him
               by
               any
               of
               his
               Counsel
               ,
               or
               others
               Learned
               .
            
             
               The
               Treason
               laid
               to
               his
               charge
               ,
               is
               ,
               
                 The
                 subverting
                 of
                 the
                 Laws
              
               ;
               the
               Evidence
               is
               ,
               the
               Article
               proved
               :
               and
               though
               some
               one
               Article
               appears
               to
               be
               proved
               but
               by
               one
               ,
               yet
               put
               the
               Evidence
               together
               ,
               you
               shall
               never
               
               find
               it
               to
               be
               within
               the
               words
               or
               meaning
               of
               the
               Statute
               ;
               for
               the
               Charge
               is
               proved
               by
               a
               hundred
               Witnesses
               :
               and
               because
               one
               part
               of
               the
               Evidence
               is
               proved
               only
               by
               one
               Witness
               ,
               since
               ,
               when
               you
               put
               them
               together
               ,
               you
               will
               find
               a
               hundred
               Witnesses
               ,
               it
               is
               not
               within
               the
               words
               ,
               nor
               meaning
               of
               the
               Statute
               ,
               neither
               will
               his
               Counsel
               direct
               him
               to
               say
               so
               ,
               I
               am
               confident
               .
            
             
               My
               Lords
               ,
               another
               observation
               I
               shall
               be
               bold
               to
               make
               ,
               is
               ,
               that
               he
               was
               pleased
               to
               cast
               an
               aspersion
               (
               as
               we
               must
               apprehend
               )
               upon
               them
               that
               are
               trusted
               by
               the
               House
               of
               Commons
               this
               day
               ,
               That
               we
               that
               stand
               here
               ,
               alledged
               and
               affirmed
               things
               to
               be
               proved
               ,
               that
               are
               not
               proved
               .
               He
               might
               have
               pleased
               to
               have
               spared
               that
               language
               ;
               we
               stand
               here
               to
               justify
               our selves
               ,
               that
               we
               do
               not
               use
               to
               express
               any
               language
               ,
               but
               what
               our
               hearts
               and
               consciences
               tell
               us
               is
               true
               ;
               and
               howsoever
               he
               is
               pleased
               to
               cast
               it
               upon
               us
               ,
               I
               am
               confident
               I
               shall
               invert
               it
               upon
               himself
               ,
               and
               make
               it
               appear
               ,
               that
               he
               hath
               been
               this
               day
               guilty
               in
               the
               highest
               degree
               ,
               of
               what
               he
               most
               unjustly
               layeth
               to
               our
               charge
               .
            
             
               And
               now
               my
               Lords
               ,
               to
               enter
               upon
               the
               particulars
               he
               hath
               been
               pleased
               to
               make
               it
               his
               general
               Theme
               to
               day
               (
               though
               he
               hath
               not
               spoke
               much
               to
               day
               but
               what
               he
               hath
               spoken
               formerly
               )
               that
               these
               particulars
               considered
               by
               themselves
               
                 make
                 not
                 a
                 Treason
                 ,
                 and
                 therefore
                 put
                 together
                 ,
                 he
                 wonders
                 how
                 they
                 should
                 make
                 a
                 Treason
                 :
                 Several
                 misdemeanors
                 can
                 never
                 make
                 a
                 murther
                 ,
                 and
                 several
                 Murthers
                 can
                 never
                 make
                 a
                 Treason
                 ;
                 and
                 he
                 wonders
                 it
                 should
                 be
                 otherwise
                 in
                 this
                 Case
                 .
              
               My
               Lords
               ,
               He
               did
               instance
               it
               (
               if
               my
               memory
               fails
               not
               )
               in
               a
               Case
               of
               Felony
               ;
               
                 That
                 if
                 a
                 bloudy
                 knife
                 should
                 be
                 produced
                 in
                 the
                 hand
                 of
                 the
                 party
                 suspected
                 to
                 have
                 slain
                 the
                 man
                 ,
                 if
                 the
                 party
                 had
                 been
                 there
                 seen
                 before
                 the
                 death
                 ,
                 it
                 were
                 a
                 strange
                 Evidence
                 ;
                 but
                 there
                 must
                 be
                 death
                 in
                 the
                 case
                 ,
                 the
                 fact
                 must
                 be
                 committed
                 ,
                 else
                 there
                 can
                 be
                 no
                 murther
                 :
              
               but
               he
               himself
               might
               answer
               himself
               ,
               for
               there
               is
               a
               great
               difference
               ;
               There
               cannot
               be
               murther
               but
               there
               must
               be
               death
               ,
               but
               he
               knows
               very
               well
               there
               may
               be
               Treason
               and
               yet
               no
               death
               ;
               it
               is
               too
               late
               to
               forbear
               questioning
               Treason
               
                 for
                 killing
                 the
                 King
                 ,
                 till
                 the
                 King
                 be
                 killed
                 :
              
               God
               forbid
               we
               should
               stay
               in
               that
               Case
               ,
               for
               the
               
                 very
                 intention
              
               is
               the
               Treason
               ,
               and
               it
               is
               the
               
                 intention
                 of
                 the
                 death
                 of
                 the
                 Law
              
               that
               is
               in
               question
               ,
               and
               it
               had
               been
               too
               late
               to
               call
               him
               to
               question
               ,
               to
               answer
               with
               his
               life
               ,
               for
               the
               death
               of
               the
               Law
               ,
               if
               the
               Law
               had
               been
               killed
               ,
               for
               there
               had
               been
               no
               Law
               then
               ;
               and
               how
               should
               the
               Law
               then
               have
               adjudged
               it
               Treason
               ,
               when
               the
               same
               were
               subverted
               and
               destroyed
               ?
               and
               therefore
               he
               is
               much
               mistaken
               .
            
             
               The
               greatest
               Traitor
               ,
               in
               the
               memory
               of
               any
               that
               sits
               here
               to
               hear
               me
               this
               day
               ,
               had
               a
               better
               ,
               a
               fairer
               excuse
               in
               thisparticular
               ,
               than
               my
               Lord
               of
               Strafford
               ,
               and
               that
               is
               
                 Guido
                 Faux
              
               ;
               for
               he
               might
               have
               objected
               ,
               that
               the
               taking
               of
               the
               Cellar
               ,
               the
               laying
               of
               the
               Powder
               under
               the
               Parliament-House
               ,
               the
               kindling
               of
               the
               Match
               ,
               ,
               and
               putting
               it
               near
               ,
               are
               not
               so
               much
               as
               a
               misdemeanor
               ,
               if
               you
               look
               no
               further
               ;
               for
               it
               was
               no
               offence
               in
               him
               to
               lay
               Barrels
               under
               the
               Parliament-House
               ,
               and
               to
               kindle
               the
               Match
               ,
               and
               to
               lay
               it
               near
               ;
               but
               collect
               all
               together
               ,
               that
               it
               was
               
                 eâ
                 intentione
                 ,
                 to
                 blow
                 up
                 the
                 King
                 and
                 the
                 State
                 ,
              
               there
               is
               the
               Treason
               :
               but
               God
               be
               blessed
               it
               was
               not
               effected
               ;
               so
               that
               the
               rule
               is
               the
               same
               .
               Nay
               ,
               my
               Lord
               of
               Strafford
               hath
               not
               so
               much
               to
               say
               ,
               when
               he
               is
               charged
               with
               a
               purpose
               and
               intention
               to
               subvert
               the
               Law
               ;
               for
               to
               that
               purpose
               gave
               he
               traiterous
               Counsels
               ,
               and
               executed
               actions
               ,
               thereby
               discovering
               his
               intentions
               to
               destroy
               the
               Kingdom
               ,
               and
               to
               destroy
               the
               Kings
               claim
               by
               Law
               ,
               and
               discent
               .
               It
               is
               true
               ,
               they
               were
               not
               put
               in
               execution
               ,
               but
               they
               declared
               his
               intentions
               ;
               therefore
               this
               gives
               an
               answer
               to
               his
               first
               flourish
               ,
               which
               is
               not
               so
               great
               an
               Argument
               as
               the
               
               greatest
               Traytor
               might
               use
               for
               himself
               ,
               and
               yet
               it
               proved
               Treason
               in
               him
               .
            
             
               My
               Lords
               ,
               he
               hath
               been
               plased
               to
               divide
               his
               Treasons
               into
               two
               parts
               ,
               and
               his
               division
               I
               allow
               of
               ;
               that
               is
               ,
               Treason
               by
               Statute-Law
               ,
               as
               he
               terms
               it
               ,
               though
               it
               be
               Treason
               by
               the
               Common-Law
               ;
               and
               constructive
               Treason
               :
               And
               upon
               that
               method
               he
               hath
               recited
               the
               evidence
               produced
               on
               either
               part
               ;
               Give
               me
               leave
               to
               follow
               and
               trace
               him
               a
               little
               ,
               and
               afterwards
               to
               discharge
               my
               own
               duty
               in
               taking
               my
               own
               course
               ,
               and
               representing
               the
               evidence
               as
               it
               appears
               ,
               truly
               ;
               and
               I
               will
               avoid
               (
               as
               much
               as
               I
               can
               )
               to
               fall
               into
               my
               Lord
               of
               Straffords
               error
               ,
               in
               mis-reciting
               a
               Particle
               ;
               if
               I
               do
               ,
               it
               shall
               be
               against
               my
               will.
               
            
             
               He
               begins
               with
               the
               Fifteenth
               Article
               ,
               and
               pretends
               that
               that
               is
               not
               proved
               :
               The
               ground
               and
               foundation
               of
               that
               Article
               ,
               was
               a
               Warrant
               issued
               out
               by
               himself
               to
               a
               Sergeant
               at
               Arms
               ,
               one
               Savill
               ,
               which
               gave
               directions
               and
               power
               to
               that
               Sergeant
               ,
               to
               lay
               Soldiers
               on
               any
               person
               that
               should
               contemn
               the
               Process
               of
               the
               Council-board
               in
               Ireland
               ;
               that
               was
               the
               effect
               :
               Now
               (
               says
               he
               )
               
                 this
                 Warrant
                 is
                 not
                 produced
              
               ,
               and
               adds
               ,
               
                 That
                 the
                 Iudges
                 will
                 tell
                 your
                 Lordships
                 ,
                 that
                 if
                 a
                 man
                 be
                 charged
                 with
                 anything
                 under
                 Hand
                 and
                 Seal
                 ,
                 the
                 Deed
                 must
                 be
                 produced
                 and
                 proved
                 ,
                 or
                 else
                 no
                 credit
                 is
                 to
                 be
                 given
                 to
                 it
                 .
              
               Truly
               ,
               my
               Lords
               ,
               it
               is
               true
               ,
               if
               it
               had
               been
               a
               Bond
               ,
               or
               a
               Deed
               ,
               where
               those
               that
               Seal
               it
               ,
               use
               to
               call
               their
               neighbors
               to
               testify
               ,
               and
               be
               Witnesses
               to
               it
               ,
               perhaps
               it
               might
               be
               a
               colourable
               answer
               ,
               that
               because
               we
               do
               not
               produce
               the
               Deed
               ,
               and
               prove
               it
               by
               Witnesses
               ,
               you
               can
               therefore
               give
               no
               credit
               to
               it
               :
               But
               my
               Lords
               ,
               in
               case
               of
               authority
               to
               commit
               High
               Treason
               ,
               I
               suppose
               my
               Lord
               of
               Strafford
               ,
               nor
               any
               other
               ,
               did
               call
               witnesses
               to
               prove
               the
               Signing
               ,
               Sealing
               ,
               and
               Delivering
               of
               the
               Warrant
               for
               execution
               of
               High
               Treason
               ;
               and
               therefore
               it
               is
               a
               new
               way
               and
               invention
               found
               out
               by
               his
               Lordship
               ,
               for
               ought
               I
               see
               ,
               to
               commit
               High
               Treason
               ,
               and
               to
               give
               authority
               for
               it
               ;
               and
               it
               is
               but
               taking
               away
               the
               original
               Warrant
               ,
               and
               he
               shall
               never
               be
               touched
               for
               any
               Treason
               .
               But
               I
               beseech
               your
               Lordships
               patience
               ,
               till
               I
               come
               to
               open
               that
               Article
               ,
               and
               your
               Lordships
               will
               find
               the
               Warrant
               ,
               (
               though
               it
               be
               not
               produced
               ,
               )
               proved
               by
               three
               or
               four
               Witnesses
               ,
               and
               his
               Hand
               and
               Seal
               proved
               too
               .
               And
               whereas
               he
               pretends
               the
               Sergeant
               at
               Arms
               is
               no
               competent
               Witness
               ,
               because
               he
               excuses
               himself
               ;
               my
               Lord
               mistakes
               himself
               ,
               for
               I
               take
               it
               to
               be
               no
               excuse
               ,
               to
               prove
               a
               Warrant
               from
               any
               person
               whatsoever
               ,
               if
               it
               be
               to
               commit
               High
               Treason
               :
               and
               therefore
               
               Savil's
               testimony
               is
               the
               more
               strong
               ,
               being
               so
               far
               from
               excusing
               ,
               that
               he
               doth
               accuse
               himself
               :
               And
               though
               he
               is
               charged
               with
               laying
               of
               Soldiers
               upon
               the
               Kings
               people
               ,
               contrary
               to
               an
               express
               Act
               of
               Parliament
               made
               in
               18
               H.
               6.
               yet
               my
               Lord
               is
               pleased
               (
               I
               know
               not
               how
               to
               term
               it
               ,
               whether
               it
               be
               merrily
               or
               otherwise
               )
               to
               use
               his
               Retorick
               ,
               
                 Here
                 is
                 a
                 great
                 levying
                 of
                 War
                 ,
                 when
                 there
                 is
                 not
                 above
                 four
                 Musquetiers
                 ,
                 or
                 six
                 at
                 most
                 ,
                 laid
                 upon
                 any
                 one
                 man.
                 
              
            
             
               My
               Lords
               ,
               it
               is
               a
               plain
               levying
               of
               War
               ,
               and
               without
               all
               question
               ,
               and
               in
               all
               sense
               ,
               it
               is
               as
               much
               mischievous
               to
               me
               to
               be
               surprized
               by
               four
               or
               six
               Musquetiers
               ,
               to
               enforce
               me
               to
               any
               thing
               they
               would
               have
               ,
               as
               if
               there
               were
               an
               Army
               of
               Forty
               thousand
               brought
               upon
               me
               ;
               for
               if
               that
               strength
               will
               but
               over-master
               me
               ,
               it
               is
               all
               one
               to
               me
               ,
               whether
               I
               be
               mastered
               by
               four
               ,
               or
               by
               four
               thousand
               .
               And
               therefore
               let
               not
               this
               be
               a
               rule
               ,
               that
               to
               send
               four
               ,
               or
               six
               ,
               or
               ten
               Musquetiers
               up
               and
               down
               ,
               is
               not
               considerable
               ,
               because
               of
               the
               smalness
               of
               the
               number
               (
               the
               danger
               is
               the
               same
               ;
               )
               yet
               
                 this
                 is
                 no
                 levying
                 of
                 War
                 ,
                 because
                 they
                 goe
                 not
                 in
                 Troops
                 of
                 greater
                 number
                 ,
              
               as
               it
               pleases
               my
               Lord
               of
               Strafford
               to
               affirm
            
             
             
               My
               Lords
               ,
               Your
               Lordships
               remember
               what
               the
               effect
               of
               the
               Warrant
               is
               sworn
               to
               be
               ,
               that
               howsoever
               the
               Sergeant
               at
               Arms
               ,
               and
               his
               Ministers
               that
               executed
               it
               ,
               brought
               but
               four
               ,
               or
               six
               ,
               or
               ten
               ,
               yet
               the
               Sergeant
               might
               have
               brought
               all
               the
               Army
               of
               Ireland
               ,
               for
               there
               was
               authority
               so
               to
               do
               .
            
             
               And
               admitting
               the
               matter
               of
               Fact
               proved
               ,
               he
               mentions
               an
               Act
               of
               Parliament
               made
               11
               Eliz.
               whereby
               a
               penalty
               is
               laid
               upon
               men
               that
               shall
               lay
               Soldiers
               on
               the
               Kings
               Subjects
               ,
               
                 and
                 yet
              
               (
               as
               my
               Lord
               observes
               )
               
                 it
                 must
                 now
                 be
                 Treason
                 in
                 the
                 Deputy
                 .
              
            
             
               My
               Lords
               ,
               The
               very
               casting
               of
               an
               eye
               upon
               that
               Act
               ,
               shews
               it
               to
               be
               as
               vainly
               objected
               ,
               as
               if
               he
               had
               said
               nothing
               ;
               for
               in
               truth
               it
               is
               no
               other
               ,
               than
               as
               if
               he
               should
               say
               ,
               
                 The
                 King
                 hath
                 given
                 me
                 the
                 Command
                 of
                 an
                 Army
                 in
              
               Ireland
               ,
               
                 and
                 therefore
                 I
                 may
                 turn
                 them
                 upon
                 the
                 bowels
                 of
                 the
                 Kings
                 Subjects
                 :
              
               It
               is
               no
               more
               in
               effect
               .
            
             
               Your
               Lordships
               heard
               him
               the
               other
               day
               mentioning
               two
               Acts
               of
               Repeal
               ,
               and
               I
               expected
               he
               would
               have
               insisted
               upon
               them
               ;
               but
               it
               seems
               he
               hath
               been
               better
               advised
               ,
               and
               thinks
               them
               not
               worthy
               repetition
               ,
               nor
               indeed
               are
               they
               .
               And
               if
               the
               matter
               of
               Fact
               be
               proved
               upon
               the
               Fifteenth
               Article
               ,
               I
               am
               confident
               he
               will
               find
               the
               Statute
               of
               18
               H.
               6.
               to
               be
               of
               ful
               force
               .
            
             
               My
               Lords
               ,
               I
               am
               very
               sorry
               to
               hear
               ,
               that
               when
               levying
               of
               War
               upon
               the
               Kings
               Subjects
               is
               in
               agitation
               ,
               and
               he
               charged
               with
               High
               Treason
               ,
               he
               should
               make
               mention
               of
               the
               Yorkshire
               men
               ,
               and
               the
               Army
               now
               on
               foot
               ,
               whereby
               he
               would
               insinuate
               ,
               that
               
                 if
                 he
                 be
                 charged
                 with
                 High
                 Treason
                 ,
                 then
                 they
                 must
                 be
                 likewise
                 ,
              
               though
               they
               lye
               quartered
               ,
               and
               have
               meat
               and
               drink
               with
               the
               assent
               of
               the
               people
               ;
               which
               may
               breed
               ill
               blood
               for
               ought
               I
               know
               .
            
             
               From
               the
               Fifteenth
               Article
               he
               descends
               to
               the
               three
               and
               twentieth
               ,
               and
               that
               is
               the
               Article
               whereby
               he
               stands
               charged
               with
               
                 speaking
                 of
                 Words
                 ,
                 and
                 giving
                 of
                 Counsel
                 to
                 His
                 Majesty
                 ,
                 to
                 incense
                 him
                 against
                 His
                 Parliament
                 pretending
                 a
                 necessity
                 ,
                 and
                 telling
                 him
                 ,
                 he
                 is
                 loose
                 and
                 absolved
                 from
                 all
                 rules
                 of
                 Government
                 ;
                 that
                 he
                 had
                 an
                 Army
                 in
              
               Ireland
               ,
               
                 which
                 he
                 might
                 make
                 use
                 of
                 to
                 reduce
                 this
                 kingdom
                 .
              
               In
               this
               he
               is
               pleased
               to
               begin
               with
               the
               Testimony
               of
               my
               Lord
               Ranelagh
               ,
               conceiving
               an
               apprehension
               and
               fear
               in
               him
               ,
               that
               the
               Army
               should
               go
               over
               to
               England
               ,
               which
               my
               Lord
               says
               ,
               
                 is
                 no
                 more
                 but
                 his
                 saying
                 ,
                 and
                 Mr.
                 Treasurer
              
               Vane
               '
               s.
               
            
             
               I
               pray
               God
               my
               Lord
               Ranelagh
               had
               not
               much
               cause
               to
               fear
               ;
               but
               by
               the
               same
               rule
               he
               may
               lay
               a
               charge
               of
               unwarrantable
               fear
               upon
               all
               the
               Commons
               ;
               for
               sure
               the
               Commons
               of
               England
               did
               fear
               it
               ,
               else
               they
               would
               not
               make
               an
               Article
               of
               it
               :
               but
               my
               Lord
               
               Ranelagh's
               fear
               did
               not
               arise
               from
               a
               slight
               cause
               ,
               and
               he
               shewed
               himself
               a
               good
               Common-wealths
               man
               in
               expressing
               it
               ,
               and
               he
               is
               to
               be
               commended
               for
               it
               ,
               howsoever
               it
               be
               apprehended
               by
               my
               Lord
               of
               Strafford
               .
            
             
               For
               his
               observation
               of
               the
               single
               Testimony
               of
               Mr.
               Treasurer
               Vane
               ,
               give
               me
               leave
               to
               take
               the
               same
               latitude
               as
               his
               Lordship
               did
               ;
               for
               he
               shews
               to
               three
               or
               four
               Articles
               what
               he
               could
               have
               proved
               ;
               as
               to
               the
               Article
               concerning
               the
               Army
               ,
               
                 he
                 could
                 have
                 proved
                 the
                 design
                 of
                 it
                 by
                 Sir
              
               John
               Burlacy
               ,
               
                 and
                 some
                 others
                 if
                 they
                 had
                 been
                 here
                 .
              
               But
               by
               this
               rule
               and
               liberty
               ,
               he
               hath
               taken
               to
               alledge
               what
               he
               could
               have
               shown
               ,
               give
               me
               leave
               to
               tell
               you
               what
               we
               might
               have
               shown
               ,
               and
               are
               ready
               to
               show
               :
               we
               could
               have
               made
               it
               express
               ,
               and
               proved
               it
               by
               Notes
               ,
               taken
               by
               Secretary
               Vane
               ,
               the
               5th
               of
               May
               ,
               when
               the
               words
               were
               spoken
               ,
               which
               Notes
               should
               have
               been
               proved
               ,
               if
               we
               had
               proceeded
               on
               the
               Three
               and
               twentieth
               Article
               ,
               to
               corroborate
               the
               Testimony
               of
               Mr.
               Secretary
               Vane
               ,
               and
               that
               by
               two
               Witnesses
               .
               
               We
               could
               likewise
               have
               shown
               how
               we
               came
               to
               the
               knowledge
               of
               it
               ,
               it
               being
               by
               means
               unknown
               to
               Mr.
               Secretary
               Vane
               ,
               and
               have
               made
               him
               an
               upright
               Counsellor
               and
               Witness
               :
               but
               we
               shall
               prove
               his
               intentions
               to
               bring
               in
               the
               Irish
               Army
               another
               way
               ,
               when
               I
               come
               to
               open
               my
               own
               course
               and
               method
               .
            
             
               My
               Lords
               ,
               he
               pretends
               these
               words
               were
               spoken
               the
               5th
               of
               May
               ,
               but
               when
               they
               were
               testified
               by
               Mr.
               Treasurer
               ,
               he
               did
               not
               speak
               of
               the
               5th
               of
               May
               ,
               and
               yet
               now
               my
               Lord
               remembers
               the
               day
               :
               and
               I
               wonder
               how
               he
               came
               to
               the
               knowledge
               of
               the
               day
               ,
               unless
               he
               likewise
               remembred
               the
               words
               .
            
             
               But
               that
               my
               Lord
               observes
               ,
               is
               ,
               
                 That
                 being
                 spoken
                 then
                 ,
                 how
                 should
                 he
                 perswade
                 the
                 King
                 ,
                 that
                 he
                 had
                 an
                 Army
                 in
              
               Ireland
               ,
               
                 when
                 in
                 truth
                 he
                 had
                 none
                 there
                 ?
                 for
                 the
                 Army
                 was
                 not
                 on
                 foot
                 till
                 a
                 month
                 after
                 .
              
               This
               my
               Lords
               ,
               is
               plainly
               answered
               ;
               and
               if
               he
               had
               thought
               of
               his
               own
               answer
               ,
               he
               had
               answered
               himself
               :
               for
               he
               tels
               you
               ,
               
                 That
                 in
              
               April
               
                 before
                 ,
                 he
                 had
                 taken
                 a
                 course
                 for
                 the
                 levying
                 of
                 the
                 Army
                 ,
                 he
                 had
                 nominated
                 the
                 Officers
                 ,
                 giving
                 direction
                 for
                 raising
                 it
                 :
                 and
                 the
                 day
                 of
                 the
                 Rendezvous
                 of
                 the
                 Army
                 was
                 appointed
                 the
              
               18th
               of
               May.
               And
               so
               in
               his
               own
               answer
               he
               makes
               an
               answer
               to
               the
               objection
               ,
               and
               the
               objection
               is
               taken
               away
               out
               of
               his
               own
               confession
               .
            
             
               From
               that
               Article
               he
               falls
               to
               the
               seven
               and
               twentieth
               Article
               ,
               whereby
               he
               stands
               charged
               with
               
                 Levying
                 Money
                 by
                 force
                 upon
                 the
                 Kings
                 people
                 in
              
               Yorkshire
               :
               he
               is
               pleased
               to
               observe
               
                 that
                 all
                 the
                 proofe
                 for
                 the
                 maintenance
                 of
                 that
                 Article
                 ,
                 is
                 only
                 the
                 levying
                 of
                 Money
                 by
                 four
                 Soldiers
                 by
                 Sergeant-Major
              
               Yaworth
               ;
               where
               he
               is
               pleased
               to
               disdain
               the
               War
               ,
               because
               it
               was
               so
               weak
               ;
               yet
               it
               was
               too
               strong
               for
               them
               (
               God
               help
               them
               )
               that
               were
               forced
               upon
               pain
               of
               life
               to
               pay
               it
               .
               And
               whereas
               he
               pretends
               the
               Warrant
               was
               not
               from
               him
               ,
               I
               shall
               reserve
               that
               till
               I
               come
               to
               the
               Article
               ,
               and
               when
               I
               come
               to
               the
               proofs
               ,
               I
               believe
               it
               will
               remain
               fixed
               upon
               him
               .
            
             
               And
               there
               he
               left
               his
               Statute-Treason
               ,
               and
               now
               he
               falls
               to
               the
               second
               kind
               of
               Treason
               ,
               and
               that
               was
               the
               introductive
               or
               constructive
               Treason
               :
               He
               begins
               with
               the
               third
               Article
               ,
               that
               is
               ,
               concerning
               some
               words
               that
               he
               should
               be
               charged
               to
               have
               spoken
               in
               Ireland
               ;
               and
               I
               shall
               desire
               that
               your
               Lordships
               would
               be
               pleased
               to
               look
               upon
               your
               Notes
               ,
               how
               he
               answers
               that
               Article
               ;
               
                 My
                 Lords
              
               ,
               says
               he
               ,
               
                 I
                 am
                 charged
                 to
                 say
                 that
              
               Ireland
               
                 was
                 a
                 conquered
                 Nation
                 ,
                 and
                 that
                 their
                 Charters
                 were
                 nothing
                 worth
                 ,
                 and
                 bind
                 the
                 King
                 no
                 further
                 than
                 he
                 pleaseth
                 ;
                 therefore
                 I
                 am
                 a
                 Traitor
                 because
                 I
                 speak
                 the
                 Truth
                 .
              
               There
               was
               his
               Answer
               in
               his
               Collection
               .
               And
               for
               their
               Charters
               he
               sayes
               ,
               
                 he
                 might
                 very
                 well
                 say
                 so
                 ,
                 for
                 he
                 intended
                 it
                 no
                 otherwise
                 ,
                 but
                 according
                 to
                 the
                 validity
                 of
                 them
                 ,
                 for
                 they
                 were
                 several
                 ways
                 questionable
                 ,
                 and
                 ought
                 not
                 to
                 bind
                 unless
                 they
                 were
                 good
                 in
                 Law.
              
               But
               if
               you
               look
               upon
               his
               Arguments
               ,
               he
               hath
               like
               a
               cunning
               Orator
               ,
               omitted
               the
               principal
               part
               of
               the
               Article
               ;
               and
               that
               is
               ▪
               That
               Ireland
               
                 is
                 a
                 conquered
                 Nation
                 ,
                 and
                 they
                 were
                 to
                 be
                 governed
                 as
                 the
                 King
                 pleaseth
                 ,
                 the
                 King
                 might
                 do
                 with
                 them
                 what
                 he
                 list
              
               ;
               this
               he
               omits
               ,
               although
               they
               be
               proved
               by
               three
               witnesses
               ,
               and
               are
               appliable
               to
               his
               intentions
               fully
               ;
               yet
               he
               could
               make
               use
               of
               so
               much
               as
               makes
               for
               him
               ,
               and
               leaves
               out
               the
               rest
               ,
               like
               your
               Lordships
               know
               whom
               .
            
             
               Then
               he
               descends
               to
               the
               fourth
               Article
               ,
               and
               this
               concerns
               some
               words
               he
               should
               speak
               ,
               upon
               an
               occasion
               betwixt
               him
               and
               my
               Lord
               of
               Cork
               ,
               that
               he
               should
               tell
               my
               Lord
               of
               
                 Cork
                 ,
                 He
                 would
                 have
                 neither
                 Law
                 nor
                 Lawyers
                 dispute
                 or
                 question
                 his
                 Orders
                 .
              
               And
               upon
               another
               occasion
               ,
               
                 That
                 he
                 would
                 make
                 my
                 Lord
                 of
              
               Cork
               ,
               
                 and
                 all
              
               Ireland
               
                 know
                 ,
                 that
                 all
                 Acts
                 of
                 State
              
               (
               which
               are
               Acts
               of
               Council
               )
               
                 there
                 made
                 ,
                 or
                 to
                 be
                 made
                 ,
                 should
                 be
                 as
                 binding
                 as
                 any
                 Act
                 of
                 Parliament
                 :
              
               This
               he
               said
               was
               proved
               but
               by
               one
               witness
               :
               and
               I
               extreamly
               
               marvel
               to
               hear
               him
               say
               so
               ;
               for
               the
               latter
               words
               we
               proved
               by
               four
               ,
               or
               five
               ,
               or
               six
               witnesses
               ,
               that
               is
               ,
               
                 That
                 he
                 would
                 have
                 Acts
                 of
                 State
                 ,
                 as
                 binding
                 as
                 Acts
                 of
                 Parliament
                 .
              
               Whereas
               he
               sayes
               ,
               these
               are
               all
               the
               words
               produced
               against
               him
               in
               the
               time
               of
               seven
               years
               Government
               there
               ;
               your
               Lordships
               have
               heard
               of
               many
               words
               ,
               and
               if
               we
               would
               trouble
               your
               Lordships
               further
               in
               this
               kind
               ,
               we
               could
               prove
               such
               words
               spoken
               ,
               as
               often
               almost
               as
               he
               remained
               dayes
               in
               Ireland
               ,
               that
               is
               ,
               for
               the
               mis-recital
               .
               The
               other
               part
               two
               witnesses
               proved
               ;
               but
               the
               residue
               ,
               
                 That
                 they
                 must
                 expect
                 Law
                 from
                 the
                 King
                 as
                 a
                 Conqueror
                 ,
                 That
                 Acts
                 of
                 State
                 should
                 be
                 equal
                 to
                 Acts
                 of
                 Parliament
                 ,
                 and
                 when
                 an
                 Act
                 of
                 Parliament
                 would
                 not
                 pass
                 ,
                 he
                 would
                 make
                 it
                 good
                 by
                 an
                 Act
                 of
                 State
                 ,
              
               these
               speeches
               at
               other
               times
               were
               proved
               by
               five
               witnesses
               .
            
             
               Then
               he
               falls
               back
               to
               the
               second
               Article
               ,
               touching
               the
               words
               ,
               
                 That
                 the
                 Kings
                 little
                 finger
                 should
                 be
                 heavier
                 than
                 the
                 loins
                 of
                 the
                 Law.
                 
              
            
             
               My
               Lords
               ,
               These
               words
               were
               proved
               expresly
               by
               five
               witnesses
               ,
               to
               be
               by
               him
               spoken
               ;
               and
               if
               he
               had
               produced
               five
               hundred
               that
               had
               said
               he
               did
               not
               speak
               them
               ,
               they
               had
               not
               been
               equivalent
               to
               disprove
               five
               ;
               but
               he
               produces
               none
               .
               Sir
               
                 William
                 Penniman
              
               repeats
               other
               words
               ,
               and
               inverts
               them
               ,
               and
               none
               but
               he
               .
               Another
               party
               ,
               a
               Minister
               ,
               reports
               a
               report
               that
               he
               heard
               concerning
               these
               words
               ,
               but
               my
               Lord
               ,
               he
               saith
               ,
               the
               occasion
               of
               the
               speaking
               of
               them
               was
               not
               mentioned
               .
               Truly
               perhaps
               it
               might
               be
               the
               forgetfulness
               of
               my
               Lords
               memory
               ,
               but
               let
               me
               put
               him
               in
               mind
               ;
               and
               your
               Lordships
               remember
               that
               the
               occasion
               was
               exprest
               by
               one
               ,
               and
               that
               is
               Sir
               
                 David
                 Fowles
                 ,
                 that
                 he
                 laying
                 a
                 command
                 upon
                 Sir
              
               David
               ,
               
                 to
                 repair
                 a
                 Bridge
                 ,
                 and
                 calling
                 him
                 to
                 an
                 account
                 why
                 it
                 was
                 not
                 repaired
                 ,
                 Sir
              
               David
               Fowles
               
                 told
                 him
                 he
                 could
                 not
                 do
                 it
                 by
                 Law.
              
               And
               therefore
               omitting
               it
               ,
               my
               Lord
               said
               to
               him
               ,
               
                 Sir
                 ,
                 some
                 are
                 all
                 for
                 Law
                 and
                 Lawyers
                 ,
                 but
                 you
                 shall
                 know
                 ,
                 that
                 the
                 Kings
                 little
                 finger
                 will
                 be
                 heavier
                 than
                 the
                 loins
                 of
                 the
                 Law.
              
               Here
               is
               the
               occasion
               ,
               though
               he
               would
               have
               another
               business
               ,
               the
               knighting
               Money
               to
               be
               the
               occasion
               .
            
             
               From
               the
               second
               he
               falls
               to
               the
               three
               and
               twentieth
               Article
               ,
               that
               is
               ,
               concerning
               words
               ,
               that
               he
               should
               counsel
               His
               Majesty
               ,
               that
               
                 he
                 might
                 use
                 His
                 Prerogative
                 as
                 he
                 pleased
              
               ;
               but
               in
               saying
               there
               was
               no
               proof
               offered
               ,
               he
               here
               begins
               to
               fall
               upon
               the
               other
               fallacy
               ,
               that
               is
               ,
               to
               pull
               things
               asunder
               (
               whereas
               we
               produce
               them
               together
               )
               and
               would
               make
               that
               which
               is
               a
               Fagot
               ,
               to
               be
               but
               a
               single
               Stick
               ;
               but
               under
               favour
               ,
               when
               I
               come
               ,
               with
               your
               Lordships
               patience
               ,
               to
               open
               the
               force
               of
               the
               proofs
               ,
               and
               put
               them
               together
               ,
               he
               shall
               find
               (
               contrary
               to
               his
               expectation
               )
               that
               they
               are
               fully
               proved
               by
               the
               testimony
               of
               many
               witnesses
               ,
               upon
               consideration
               of
               the
               precedent
               ,
               concurrent
               ,
               and
               subsequent
               Acts
               and
               Intentions
               of
               my
               Lord
               of
               Strafford
               .
            
             
               I
               shall
               not
               now
               run
               over
               my
               Lord
               Primates
               testimony
               ,
               or
               my
               Lord
               Conwayes
               ,
               or
               master
               Treasurers
               ,
               or
               my
               Lord
               of
               Bristols
               ,
               but
               make
               use
               of
               them
               in
               their
               proper
               places
               ,
               when
               I
               shall
               put
               all
               together
               ,
               to
               shew
               his
               design
               ,
               and
               to
               prove
               his
               speaking
               of
               the
               words
               .
            
             
               Then
               he
               comes
               to
               the
               five
               and
               twentieth
               Article
               ,
               which
               I
               shall
               not
               insist
               on
               ,
               though
               he
               pretends
               it
               not
               proved
               ;
               I
               shall
               refer
               that
               to
               my
               recollection
               ,
               that
               I
               may
               not
               answer
               to
               his
               pieces
               ,
               but
               bring
               all
               together
               ,
               and
               then
               the
               horror
               of
               his
               Fact
               shall
               more
               speciously
               appear
               .
               Only
               this
               (
               under
               favour
               )
               I
               cannot
               pass
               over
               ,
               when
               he
               comes
               to
               justify
               an
               Advice
               and
               Counsel
               of
               the
               Kings
               being
               loose
               and
               absolved
               from
               all
               rules
               of
               Government
               ,
               and
               that
               he
               might
               use
               his
               Prerogative
               as
               he
               pleases
               ,
               he
               is
               pleased
               to
               mention
               the
               Argument
               of
               the
               Judges
               in
               the
               Ship-money
               ,
               and
               what
               they
               should
               deliver
               ,
               he
               makes
               the
               Warrant
               of
               his
               Counsel
               .
               Now
               your
               Lordships
               may
               
               observe
               ,
               he
               would
               justify
               his
               actions
               by
               Law
               ,
               in
               some
               cases
               ,
               where
               it
               is
               to
               his
               advantage
               ,
               but
               in
               other
               cases
               he
               must
               be
               ignorant
               of
               the
               Law.
               
            
             
               But
               my
               Lords
               ,
               for
               him
               to
               mention
               any
               thing
               in
               the
               Argument
               of
               the
               Judges
               ,
               concerning
               the
               Ship-money
               ,
               which
               is
               now
               cendemned
               ,
               and
               to
               make
               that
               a
               ground
               of
               his
               Counsel
               and
               advice
               to
               the
               King
               ,
               and
               not
               the
               judgement
               in
               truth
               ,
               but
               the
               Argument
               of
               the
               Counsel
               at
               Bar
               ,
               that
               therefore
               he
               is
               loose
               ,
               and
               absolved
               from
               all
               rule
               of
               Government
               ;
               for
               him
               to
               make
               the
               Parliaments
               deferring
               to
               give
               supply
               ,
               to
               be
               that
               necessity
               which
               was
               insisted
               upon
               in
               the
               Counsels
               Argument
               ,
               and
               to
               be
               such
               an
               unavoidable
               necessity
               ,
               as
               to
               beget
               an
               Invasion
               upon
               Propriety
               and
               Liberty
               ,
               it
               rests
               in
               your
               Judgements
               ,
               and
               the
               judgements
               of
               all
               that
               hear
               me
               ,
               what
               argument
               this
               is
               ,
               and
               what
               he
               declares
               his
               opinion
               to
               be
               this
               day
               .
            
             
               In
               the
               latter
               part
               let
               me
               close
               hands
               ,
               and
               agree
               with
               him
               ;
               he
               sayes
               ,
               Proofs
               must
               be
               taken
               by
               themselves
               ,
               they
               must
               not
               be
               judged
               by
               pieces
               ,
               but
               together
               ;
               and
               now
               in
               good
               time
               I
               shall
               joyn
               with
               him
               ,
               and
               shall
               desire
               the
               same
               judgement
               ,
               that
               things
               may
               not
               be
               taken
               asunder
               ,
               but
               judged
               together
               according
               to
               his
               own
               words
               .
            
             
               For
               the
               twentieth
               Article
               ,
               he
               is
               thereby
               charged
               with
               
                 being
                 an
                 Incendiary
                 between
                 both
                 Nations
                 ,
                 and
                 an
                 occasion
                 of
                 drawing
                 two
                 Armies
                 into
                 this
                 Kingdom
                 ,
                 and
                 to
                 incense
                 the
                 War.
                 
              
            
             
               My
               Lords
               ,
               I
               remember
               (
               if
               I
               did
               not
               mis-conceive
               ,
               and
               my
               memory
               misprompt
               me
               )
               my
               Lord
               said
               ,
               
                 He
                 could
                 have
                 no
                 occasion
                 to
                 incense
                 a
                 War
                 ,
                 being
                 a
                 man
                 of
                 an
                 Estate
                 ,
                 and
                 should
                 have
                 no
                 benefit
                 by
                 it
                 ,
                 having
                 sufficient
                 to
                 live
                 without
                 it
                 :
              
               but
               in
               due
               time
               I
               shall
               make
               it
               appear
               ,
               to
               my
               apprehension
               ,
               and
               I
               believe
               to
               your
               Lordships
               ,
               when
               you
               have
               heard
               it
               ,
               that
               the
               incensing
               of
               this
               War
               ,
               and
               provoking
               of
               it
               ,
               was
               the
               principal
               instrument
               of
               bringing
               to
               pass
               his
               design
               of
               subverting
               the
               Laws
               ,
               through
               the
               whole
               work
               of
               it
               .
            
             
               My
               Lords
               ,
               in
               the
               passage
               of
               this
               ,
               he
               takes
               occasion
               to
               speak
               of
               the
               testimony
               of
               Mr.
               Secretary
               Vane
               ,
               who
               testifies
               ,
               
                 That
                 my
                 Lord
                 was
                 for
                 an
                 offensive
                 ,
                 and
                 himself
                 for
                 a
                 defensive
                 War
                 :
              
               Whence
               my
               Lord
               argues
               ,
               here
               is
               no
               great
               difference
               ,
               for
               both
               were
               for
               a
               War
               :
               But
               my
               Lord
               ,
               Is
               there
               no
               difference
               between
               an
               offensive
               and
               defensive
               War
               ,
               in
               case
               of
               Subjects
               that
               live
               under
               one
               King
               ?
               is
               there
               no
               difference
               to
               bring
               an
               Army
               to
               offend
               them
               ,
               and
               for
               the
               King
               to
               raise
               a
               force
               to
               defend
               himself
               ?
               truly
               I
               think
               there
               is
               a
               great
               difference
               ,
               and
               a
               very
               material
               one
               too
               :
               but
               your
               Lordships
               see
               he
               makes
               no
               difference
               between
               them
               .
            
             
               My
               Lords
               ,
               In
               the
               four
               and
               twentieth
               Article
               he
               mentions
               ,
               
                 That
                 he
                 is
                 charged
                 with
                 being
                 an
                 occasion
                 to
                 break
                 the
                 Parliament
                 ,
              
               and
               lays
               hold
               of
               that
               ,
               as
               in
               the
               other
               Articles
               ,
               
                 That
                 it
                 was
                 not
                 proved
                 ,
                 but
                 declined
                 .
              
               My
               Lords
               ,
               when
               he
               shall
               hear
               the
               repetition
               of
               the
               Evidence
               ,
               though
               part
               of
               the
               Article
               was
               not
               particularly
               insisted
               upon
               ,
               yet
               I
               believe
               it
               will
               appear
               to
               your
               Lordships
               ,
               and
               the
               world
               ,
               that
               he
               was
               the
               occasion
               of
               breaking
               the
               last
               Parliament
               ,
               and
               it
               is
               expresly
               proved
               by
               witnesses
               enough
               ;
               and
               though
               he
               says
               ,
               
                 How
                 should
                 any
                 body
                 think
                 him
                 an
                 occasion
                 of
                 it
                 ,
                 that
                 did
                 so
                 often
                 advise
                 Parliaments
                 ?
              
               yet
               I
               shall
               shew
               anon
               ,
               that
               when
               he
               did
               advise
               them
               ,
               it
               was
               to
               compass
               his
               own
               Design
               and
               Plot
               ,
               without
               which
               ,
               his
               ends
               could
               not
               be
               brought
               to
               pass
               .
            
             
               He
               came
               from
               the
               Four
               and
               twentieth
               Article
               ,
               to
               the
               Seven
               and
               twentieth
               ,
               and
               he
               answers
               against
               that
               Article
               ,
               
                 That
                 when
                 Armies
                 are
                 in
                 the
                 field
                 ,
                 men
                 cannot
                 walk
                 so
                 peaceably
                 ,
                 as
                 an
                 Attorney
                 with
                 his
                 Box
                 and
                 Papers
                 in
              
               Westminster-Hall
               .
               I
               know
               not
               what
               he
               means
               ;
               but
               when
               two
               Armies
               are
               in
               the
               field
               ,
               they
               may
               raise
               War
               against
               the
               Kings
               people
               ,
               as
               well
               as
               
               the
               King
               for
               his
               just
               defence
               ;
               it
               is
               the
               way
               to
               make
               his
               people
               terrified
               with
               Armies
               ,
               and
               to
               avoid
               them
               as
               a
               Serpent
               ,
               and
               therefore
               it
               is
               a
               dangerous
               aspersion
               ,
               as
               I
               conceive
               .
            
             
               With
               these
               he
               concluded
               ,
               except
               some
               things
               that
               he
               took
               ,
               by
               way
               of
               artificial
               insinuation
               ,
               to
               perswade
               your
               Lordships
               ,
               
                 That
                 it
                 was
                 dangerous
                 to
                 raise
                 a
                 Treason
                 that
                 had
                 lain
                 asleep
                 ,
                 I
                 know
                 not
                 how
                 many
                 hundred
                 years
                 ,
                 and
                 create
                 a
                 Treason
                 .
              
               A
               strange
               thing
               indeed
               it
               is
               ,
               
                 That
                 a
                 man
                 shall
                 be
                 charged
                 with
                 a
                 Treason
                 for
                 subverting
                 the
                 Law
                 !
              
               A
               strange
               thing
               that
               one
               should
               be
               charged
               with
               Treason
               for
               killing
               a
               Justice
               sitting
               in
               the
               Seat
               of
               Justice
               ,
               and
               yet
               it
               should
               be
               no
               Treason
               to
               destroy
               King
               ,
               and
               Kingdom
               ,
               and
               people
               ,
               and
               all
               ;
               all
               which
               are
               destroyed
               ,
               if
               the
               Law
               be
               subverted
               .
            
             
               And
               now
               having
               touched
               upon
               what
               he
               hath
               spoken
               ,
               with
               your
               Lordships
               good
               favour
               ,
               I
               shall
               crave
               leave
               to
               run
               the
               course
               I
               have
               propounded
               with
               my self
               :
               and
               that
               very
               briefly
               ;
               that
               is
               ,
               upon
               the
               whole
               matter
               ,
               to
               shew
               how
               far
               the
               Evidence
               ,
               produced
               on
               the
               Commons
               part
               ,
               doth
               prove
               the
               Charge
               .
            
             
               My
               Lords
               ,
               
                 That
                 laid
                 to
                 his
                 charge
                 ,
                 is
                 a
                 design
                 and
                 purpose
                 to
                 subvert
                 the
                 fundamental
                 Laws
                 of
                 two
                 kingdoms
                 ,
                 and
                 to
                 introduce
                 an
                 Arbitrary
                 and
                 Tyrannical
                 Government
              
               ;
               not
               that
               he
               did
               effect
               it
               ,
               but
               that
               he
               did
               intend
               it
               :
               for
               if
               he
               had
               done
               it
               ,
               it
               had
               been
               too
               late
               to
               question
               it
               ,
               he
               had
               left
               no
               rule
               whereby
               to
               call
               him
               to
               Tryal
               ;
               but
               his
               intention
               and
               his
               endeavour
               are
               his
               charge
               .
            
             
               My
               Lords
               ,
               How
               far
               this
               is
               proved
               ,
               if
               your
               Lordships
               be
               pleased
               to
               call
               to
               mind
               the
               Articles
               and
               the
               Evidences
               produced
               on
               the
               Commons
               part
               ,
               your
               Lordships
               will
               find
               ,
               I
               believe
               ,
               that
               his
               Words
               ,
               his
               Counsels
               ,
               and
               his
               Actions
               ,
               do
               sufficiently
               prove
               his
               endeavouring
               to
               destroy
               .
            
             
               In
               the
               first
               Article
               ,
               where
               my
               Lord
               of
               Strafford
               hath
               the
               first
               opportunity
               offered
               him
               to
               put
               this
               endeavour
               in
               execution
               (
               that
               is
               the
               first
               place
               of
               eminency
               amongst
               his
               other
               Places
               and
               Commands
               ,
               which
               I
               take
               it
               ,
               was
               his
               being
               made
               President
               of
               the
               North
               )
               he
               is
               no
               sooner
               there
               ,
               but
               there
               be
               instructions
               procured
               to
               enable
               him
               to
               proceed
               in
               that
               Court
               ,
               almost
               in
               all
               Causes
               ;
               for
               a
               man
               can
               scarce
               think
               of
               a
               Cause
               ,
               which
               is
               not
               comprehended
               within
               the
               Instructions
               obtained
               after
               his
               coming
               thither
               :
               but
               I
               shall
               put
               your
               Lordship
               in
               mind
               of
               two
               clauses
               of
               the
               Instructions
               procured
               in
               the
               Eighth
               year
               of
               this
               King
               ,
               and
               after
               he
               was
               President
               ;
               that
               is
               ,
               the
               clause
               of
               
                 Habeas
                 Corpus
              
               ,
               and
               Prohibitions
               ;
               that
               no
               man
               should
               obtain
               a
               Prohibition
               ,
               to
               stay
               any
               Suit
               that
               should
               be
               commenced
               before
               him
               ,
               in
               the
               Council
               of
               York
               ;
               That
               if
               any
               man
               should
               be
               imprisoned
               by
               any
               Process
               out
               of
               that
               Court
               ,
               he
               must
               have
               no
               
                 Habeas
                 Corpus
              
               .
               A
               Prohibition
               is
               the
               only
               means
               to
               vindicate
               the
               estate
               of
               the
               Subject
               ,
               if
               it
               be
               questioned
               without
               Authority
               .
               A
               
                 Habeas
                 Corpus
              
               is
               the
               only
               means
               to
               vindicate
               his
               Liberty
               ,
               if
               he
               be
               detained
               without
               Law
               :
               but
               these
               doors
               must
               be
               shut
               against
               the
               Kings
               Subjects
               ,
               that
               if
               either
               they
               be
               questioned
               ,
               or
               restrained
               before
               him
               ,
               there
               must
               be
               no
               relief
               .
               How
               far
               he
               could
               go
               further
               I
               am
               to
               seek
               ,
               there
               being
               no
               means
               for
               the
               Subject
               to
               relieve
               himself
               ,
               if
               he
               be
               questioned
               for
               his
               Estate
               without
               authority
               ;
               no
               means
               to
               redeem
               himself
               ,
               if
               his
               person
               be
               imprisoned
               without
               Law.
               And
               he
               had
               so
               incircled
               himself
               about
               ,
               that
               if
               the
               Judges
               should
               find
               the
               party
               that
               returns
               not
               the
               
                 Habeas
                 Corpus
              
               ,
               according
               to
               Law
               ,
               there
               was
               a
               Power
               ,
               and
               a
               Warrant
               ,
               by
               the
               Instructions
               ,
               to
               the
               Barons
               ,
               to
               discharge
               the
               Officers
               of
               that
               Fine
               .
               And
               now
               I
               refer
               it
               to
               your
               Lordships
               judgements
               ,
               Whether
               this
               be
               not
               to
               draw
               an
               Arbitrary
               Power
               to
               himself
               .
            
             
             
               For
               the
               execution
               of
               this
               Power
               ,
               it
               is
               true
               ,
               it
               is
               proved
               to
               be
               before
               the
               instructions
               in
               the
               eighth
               year
               of
               the
               King
               ;
               but
               then
               it
               riseth
               the
               more
               in
               judgement
               against
               him
               ;
               for
               your
               Lordships
               have
               heard
               how
               he
               went
               into
               a
               grave
               Judges
               Chamber
               ,
               blaming
               him
               for
               giving
               way
               to
               a
               Prohibition
               ,
               granting
               Attachments
               against
               one
               that
               moved
               for
               a
               Prohibition
               ;
               and
               though
               this
               was
               done
               before
               the
               Instructions
               were
               granted
               ,
               yet
               the
               Instructions
               coming
               at
               the
               heels
               of
               it
               ,
               sheweth
               his
               disposition
               and
               resolution
               more
               clearly
               ,
               for
               he
               acts
               it
               first
               ,
               and
               then
               procures
               this
               colour
               to
               protect
               it
               :
               and
               though
               he
               pretends
               there
               was
               no
               proof
               ,
               yet
               I
               must
               put
               your
               Lordships
               in
               mind
               ,
               that
               when
               these
               things
               were
               in
               question
               ,
               concerning
               the
               apprehension
               of
               a
               Knight
               ,
               by
               a
               Sergeant
               at
               Arms
               ,
               he
               kneels
               to
               His
               Majesty
               ,
               
                 That
                 this
                 defect
                 might
                 be
                 supplyed
                 ,
                 and
                 this
                 jurisdiction
                 maintained
                 ,
                 else
                 he
                 might
                 goe
                 to
                 his
                 own
                 Cottage
                 .
              
            
             
               And
               here
               being
               the
               just
               commencement
               of
               his
               greatness
               ,
               if
               you
               look
               to
               the
               second
               ,
               it
               follows
               ,
               That
               at
               the
               publick
               Assizes
               he
               declared
               ,
               
                 That
                 some
                 were
                 all
                 for
                 Law
                 ,
                 but
                 they
                 should
                 find
                 the
                 Kings
                 little
                 finger
                 heavier
                 than
                 the
                 loins
                 of
                 the
                 Law.
              
               He
               did
               not
               say
               it
               was
               so
               ,
               but
               he
               infused
               it
               as
               much
               as
               he
               could
               into
               the
               hearts
               of
               the
               Kings
               people
               ,
               
                 that
                 they
                 should
                 find
                 it
                 so
              
               ;
               and
               so
               he
               reflects
               upon
               the
               King
               ,
               and
               upon
               his
               people
               ;
               the
               words
               are
               proved
               :
               And
               to
               speak
               them
               in
               such
               a
               presence
               ,
               and
               at
               such
               a
               time
               ,
               before
               the
               Judges
               and
               Countrey
               assembled
               ,
               they
               were
               so
               dangerous
               ,
               and
               so
               high
               expressions
               of
               an
               intention
               to
               counsel
               the
               King
               ,
               or
               act
               it
               himself
               ,
               to
               exercise
               an
               Arbitrary
               Government
               ,
               above
               the
               weight
               of
               the
               Law
               ,
               as
               possibly
               could
               be
               exprest
               by
               words
               .
               And
               this
               is
               proved
               by
               five
               witnesses
               ,
               and
               not
               disproved
               ,
               nor
               is
               any
               colour
               of
               disproof
               offered
               ,
               but
               only
               by
               Sir
               
                 William
                 Penniman
              
               ,
               who
               says
               ,
               
                 he
                 heard
                 other
                 words
              
               ,
               but
               not
               that
               
                 he
                 heard
                 not
                 these
                 words
              
               ,
               If
               he
               doth
               ,
               he
               must
               give
               me
               leave
               not
               to
               believe
               him
               ;
               for
               five
               affirmations
               will
               weigh
               down
               the
               proof
               of
               a
               thousand
               negatives
               .
            
             
               He
               stays
               not
               long
               in
               England
               with
               this
               power
               (
               though
               while
               he
               stays
               ,
               you
               hear
               how
               he
               vexes
               the
               Subject
               )
               but
               then
               he
               goes
               into
               Ireland
               ,
               and
               as
               his
               authority
               increases
               ,
               so
               he
               ampliates
               his
               design
               ;
               and
               no
               sooner
               is
               he
               there
               ,
               but
               the
               third
               Article
               is
               laid
               to
               his
               charge
               ;
               That
               when
               the
               City
               and
               Recorder
               of
               Dublin
               ,
               the
               principal
               City
               of
               Ireland
               ,
               presented
               the
               Mayor
               ,
               upon
               a
               solemn
               Speech
               and
               Discourse
               concerning
               the
               Laws
               and
               Liberties
               (
               as
               your
               Lordships
               know
               that
               is
               the
               subject
               matter
               of
               a
               Speech
               at
               such
               presentments
               ,
               as
               when
               the
               Lord
               Mayor
               of
               London
               is
               presented
               to
               the
               King
               )
               I
               beseech
               your
               Lordship
               ,
               observe
               the
               words
               he
               then
               used
               ,
               
                 They
                 were
                 a
                 conquered
                 Nation
              
               ,
               and
               that
               we
               lay
               not
               to
               his
               charge
               ,
               
                 but
                 they
                 were
                 to
                 be
                 governed
                 as
                 the
                 King
                 pleases
                 ,
                 their
                 Charters
                 were
                 nothing
                 worth
                 ,
                 and
                 bind
                 but
                 during
                 the
                 Kings
                 pleasure
                 .
              
            
             
               I
               am
               to
               seek
               ,
               if
               I
               were
               to
               express
               an
               Arbitrary
               Power
               ,
               and
               Tyrannical
               Government
               ,
               how
               to
               express
               it
               in
               finer
               words
               ,
               and
               more
               significant
               terms
               than
               these
               ,
               
                 That
                 the
                 people
                 shall
                 be
                 governed
                 at
                 the
                 Kings
                 Will
                 ,
                 that
                 their
                 Charters
                 ,
              
               the
               sinews
               and
               ligatures
               of
               their
               Liberties
               ,
               Lands
               ,
               and
               Estates
               ,
               
                 should
                 be
                 nothing
                 worth
                 ,
                 and
                 bind
                 no
                 longer
                 than
                 the
                 Kings
                 pleasure
                 ,
              
               especially
               being
               spoken
               
                 upon
                 such
                 an
                 occasion
              
               ,
               and
               the
               words
               proved
               by
               two
               or
               three
               Witnesses
               of
               credit
               and
               quality
               .
            
             
               From
               thence
               we
               descend
               to
               Articles
               ,
               that
               shew
               the
               execution
               of
               his
               purpose
               .
               There
               are
               three
               things
               a
               man
               enjoys
               by
               the
               protection
               of
               the
               Law
               ;
               that
               is
               ,
               his
               Life
               ,
               his
               Liberty
               ,
               and
               his
               Estate
               .
               And
               now
               ,
               my
               Lords
               ,
               observe
               how
               he
               invades
               ,
               and
               exercises
               a
               Tyrannical
               Jurisdiction
               ,
               and
               Arbitrary
               Government
               over
               them
               all
               three
               .
               I
               shall
               begin
               with
               the
               fifth
               Article
               ,
               that
               is
               concerning
               my
               Lord
               Mountnorris
               and
               Denwit
               .
               My
               Lord
               Mountnorris
               ,
               a
               
               Peer
               of
               that
               Realm
               ,
               was
               sentenced
               to
               death
               by
               procurement
               of
               my
               Lord
               of
               Strafford
               ;
               who
               ,
               howsoeve
               he
               pretends
               himself
               not
               to
               be
               a
               Judge
               in
               the
               cause
               ,
               yet
               how
               far
               he
               was
               an
               Abettor
               ,
               and
               Procurer
               ,
               and
               Countenancer
               ,
               and
               drawer
               on
               of
               that
               Sentence
               ,
               your
               Lordships
               very
               well
               remember
               ;
               he
               was
               sentenced
               to
               death
               without
               Law
               ,
               for
               speaking
               words
               at
               a
               private
               Table
               ,
               God
               knows
               ,
               of
               no
               manner
               of
               consequence
               in
               the
               world
               ,
               
                 concerning
                 the
                 treading
                 upon
                 my
                 Lord
                 of
              
               Strafford
               '
               
                 s
                 Toe
              
               ;
               the
               Sentence
               procured
               seven
               months
               after
               the
               words
               spoken
               ,
               and
               contrary
               to
               Law
               ,
               and
               himself
               being
               put
               in
               mind
               of
               it
               ,
               my
               Lord
               Mountnorris
               desiring
               to
               have
               the
               benefit
               of
               the
               Law
               ,
               and
               yet
               he
               refusing
               it
               .
            
             
               And
               then
               it
               was
               in
               time
               of
               Peace
               ,
               when
               all
               the
               Courts
               of
               Justice
               were
               open
               ,
               and
               to
               sentence
               a
               man
               to
               death
               of
               that
               quality
               ,
               my
               Lord
               of
               Strafford
               himself
               being
               present
               ,
               an
               author
               ,
               a
               drawer
               on
               of
               it
               ,
               makes
               it
               very
               hainous
               .
               Your
               Lordships
               remember
               this
               Article
               was
               fully
               proved
               ,
               and
               though
               he
               pretends
               His
               Authority
               by
               a
               Letter
               from
               His
               Majesty
               ,
               I
               shall
               in
               due
               time
               give
               a
               full
               answer
               to
               that
               ,
               so
               that
               it
               shall
               rise
               up
               in
               judgement
               against
               him
               ,
               to
               aggravate
               his
               offence
               ,
               and
               that
               in
               a
               great
               measure
               .
            
             
               Here
               he
               exercises
               a
               Power
               over
               Life
               ,
               his
               excuse
               was
               ,
               
                 That
                 he
                 procured
                 a
                 Pardon
                 from
                 my
                 Lord
              
               Mountnorris
               ,
               but
               the
               Power
               was
               exercised
               ,
               and
               the
               Tyranny
               appeared
               to
               be
               the
               more
               ;
               
                 He
                 would
                 first
                 sentence
                 him
                 to
                 death
                 ,
                 and
                 then
                 rejoyce
                 in
                 his
                 Power
                 ,
              
               that
               he
               might
               say
               ,
               
                 There
                 remains
                 no
                 more
                 but
                 my
                 command
                 to
                 the
                 Provost
                 Marshal
                 to
                 do
                 execution
                 .
              
               To
               exercise
               a
               power
               over
               his
               life
               ,
               and
               to
               abuse
               him
               afterwards
               ,
               is
               very
               high
               ;
               but
               no
               thanks
               to
               him
               that
               the
               sentence
               of
               death
               was
               not
               executed
               ,
               it
               was
               the
               Grace
               and
               Goodness
               of
               His
               Majesty
               ,
               that
               would
               not
               suffer
               my
               Lord
               Mountnorris
               ,
               a
               person
               of
               that
               Eminence
               ,
               to
               be
               put
               to
               death
               against
               Law.
               
            
             
               But
               the
               other
               was
               hanged
               ,
               and
               as
               appears
               ,
               against
               Law
               ;
               and
               though
               my
               Lord
               pretends
               the
               party
               was
               burnt
               in
               the
               hand
               ,
               yet
               that
               was
               not
               proved
               ,
               nor
               material
               :
               and
               for
               him
               to
               do
               this
               in
               time
               of
               Peace
               ,
               when
               the
               Courts
               of
               Justice
               were
               open
               ,
               it
               argues
               a
               desire
               in
               his
               Breast
               ,
               to
               arrogate
               a
               Power
               above
               Law.
               
            
             
               And
               in
               truth
               I
               may
               not
               omit
               some
               observations
               that
               my
               Lord
               made
               this
               day
               ;
               
                 He
                 hopes
                 His
                 Majesty
                 would
                 be
                 pleased
                 to
                 grant
                 him
                 a
                 Pardon
                 .
              
               I
               perceive
               he
               harboured
               in
               this
               thoughts
               ,
               that
               he
               might
               hang
               the
               Kings
               Subjects
               when
               he
               would
               ,
               and
               then
               get
               a
               Pardon
               of
               course
               for
               it
               .
               The
               Lord
               bless
               me
               from
               his
               jurisdiction
               .
            
             
               My
               Lords
               ,
               give
               me
               leave
               to
               goe
               back
               again
               ,
               here
               is
               Power
               over
               the
               Lives
               and
               Liberties
               of
               the
               Subject
               ;
               but
               he
               exercised
               likewise
               a
               Tyrannical
               Power
               over
               his
               Estate
               .
               Your
               Lordships
               may
               be
               pleased
               to
               remember
               the
               fourth
               Article
               ,
               where
               he
               judges
               my
               Lord
               of
               
               Cork's
               Estate
               ,
               in
               neither
               Church-land
               ,
               nor
               Plantation-land
               ,
               and
               therefore
               had
               no
               pretence
               of
               a
               Jurisdiction
               ;
               for
               it
               is
               a
               Lay
               Fee
               divolved
               by
               Act
               of
               Parliament
               to
               the
               Crown
               ;
               yet
               he
               deprives
               him
               of
               his
               possession
               ,
               which
               he
               had
               continued
               for
               Twenty
               nine
               years
               ,
               upon
               a
               Paper-Petition
               ,
               without
               rules
               of
               Law.
               And
               whereas
               my
               Lord
               of
               Cork
               went
               about
               to
               redeem
               himself
               (
               the
               Law
               being
               every
               man's
               inheritance
               ,
               and
               that
               which
               he
               ought
               to
               enjoy
               )
               he
               tels
               him
               ,
               
                 He
                 will
                 lay
                 him
                 by
                 the
                 heels
                 ,
                 if
                 he
                 withdraw
                 not
                 his
                 Process
                 :
              
               and
               so
               when
               he
               hath
               judged
               him
               against
               an
               express
               Act
               of
               Parliament
               ,
               and
               Instructions
               ,
               and
               bound
               up
               a
               great
               Peer
               of
               the
               Realm
               ,
               he
               will
               not
               suffer
               him
               to
               redeem
               that
               wrong
               ,
               without
               a
               threat
               of
               
                 laying
                 him
                 by
                 the
                 heels
                 ,
                 and
                 he
                 will
                 not
                 have
                 Law
                 nor
                 Lawyers
                 question
                 his
                 Orders
                 ,
                 and
                 would
                 have
                 them
                 all
                 know
                 ,
                 an
                 Act
                 of
                 State
                 should
                 be
                 equal
                 to
                 an
                 Act
                 of
                 Parliament
                 :
              
               which
               are
               words
               of
               that
               
               nature
               ,
               that
               higher
               cannot
               be
               spoken
               ,
               to
               declare
               an
               intention
               to
               proceed
               in
               an
               Arbitrary
               way
               .
            
             
               The
               next
               was
               in
               my
               Lord
               Mountnorris
               his
               Case
               ,
               and
               Rolstone
               .
               And
               here
               I
               must
               touch
               my
               Lord
               with
               misrepetition
               .
               Rolstone
               preferred
               a
               Petition
               to
               my
               Lord
               Deputy
               ,
               my
               Lord
               Deputy
               himself
               judges
               his
               Estate
               ,
               and
               deprived
               him
               of
               his
               possession
               ,
               though
               he
               cannot
               produce
               so
               much
               as
               one
               example
               ,
               or
               precedent
               (
               though
               if
               he
               had
               ,
               it
               would
               not
               have
               warranted
               an
               illegal
               action
               )
               but
               he
               cannot
               produce
               a
               precedent
               ,
               that
               ever
               any
               Deputy
               did
               determine
               concerning
               a
               mans
               private
               Estate
               ;
               and
               if
               he
               hath
               affirmed
               it
               ,
               he
               proved
               it
               not
               :
               some
               Petitions
               have
               been
               preferred
               to
               him
               ,
               but
               what
               they
               be
               
                 non
                 constat
              
               .
               But
               though
               never
               any
               knew
               the
               Deputy
               alone
               to
               determine
               matters
               of
               Land
               ,
               yet
               he
               did
               it
               .
            
             
               To
               the
               Seventh
               Article
               we
               produce
               no
               Evidence
               ;
               but
               my
               Lord
               of
               Strafford
               cannot
               be
               content
               with
               that
               ,
               but
               he
               must
               take
               upon
               him
               to
               make
               defence
               for
               that
               which
               is
               not
               insisted
               upon
               as
               a
               charge
               ;
               but
               since
               he
               will
               do
               so
               ,
               I
               refer
               it
               to
               the
               Book
               in
               print
               ,
               where
               he
               determines
               the
               Inheritance
               of
               a
               Nobleman
               in
               that
               Kingdom
               ,
               that
               is
               ,
               my
               Lord
               Dillon
               ,
               by
               a
               Case
               falsly
               drawn
               ,
               and
               contrary
               to
               his
               consent
               ;
               and
               though
               he
               deprives
               him
               not
               of
               his
               possession
               ;
               yet
               he
               causes
               the
               Land
               to
               be
               measured
               out
               ,
               and
               it
               is
               a
               danger
               that
               hangs
               over
               his
               head
               to
               this
               day
               .
               And
               had
               we
               not
               known
               that
               we
               had
               matter
               enough
               against
               my
               Lord
               of
               Strafford
               ,
               this
               should
               have
               risen
               in
               judgement
               against
               him
               ;
               but
               I
               had
               not
               mentioned
               it
               now
               ,
               if
               he
               had
               not
               mentioned
               it
               himself
               .
            
             
               The
               Eighth
               Article
               contains
               several
               charges
               ,
               as
               that
               of
               my
               Lord
               Chancellor
               ,
               
                 How
                 he
                 imprisoned
                 him
                 upon
                 a
                 Iudgement
                 before
                 himself
                 and
                 the
                 Council
                 ,
                 how
                 he
                 inforced
                 the
                 Seal
                 from
                 him
                 when
                 he
                 had
                 no
                 authority
                 ;
                 nay
                 ,
                 though
                 it
                 were
                 excepted
                 by
                 his
                 Patent
                 ,
                 that
                 he
                 should
                 no
                 way
                 dispose
                 of
                 it
              
               ;
               but
               he
               looked
               not
               to
               Authority
               ,
               further
               than
               might
               make
               way
               to
               his
               Will.
               
            
             
               Another
               concerns
               the
               prime
               Earl
               of
               that
               Kingdom
               ,
               my
               Lord
               of
               Kildare
               ,
               whom
               he
               imprisoned
               ,
               and
               kept
               close
               prisoner
               ,
               contrary
               to
               the
               Kings
               express
               command
               for
               his
               deliverance
               ;
               and
               in
               his
               answer
               my
               Lord
               acknowledges
               it
               ,
               but
               sayes
               ,
               That
               
                 that
                 command
                 was
                 obtained
                 from
                 the
                 King
                 upon
                 a
                 mis-information
                 .
              
            
             
               These
               things
               I
               would
               not
               have
               mentioned
               ,
               if
               he
               had
               passed
               them
               over
               ;
               but
               since
               he
               gives
               them
               in
               ,
               give
               me
               leave
               to
               mention
               and
               say
               ,
               we
               had
               a
               ground
               to
               put
               them
               into
               Charge
               ,
               and
               could
               have
               proved
               them
               ,
               if
               there
               had
               been
               need
               ,
               punctually
               and
               expresly
               ,
               and
               I
               believe
               ,
               little
               to
               my
               Lords
               advantage
               .
            
             
               But
               your
               Lordships
               ,
               I
               think
               ,
               do
               remember
               my
               Lady
               
                 Hibbots
                 Case
              
               ,
               where
               the
               Lady
               Hibbots
               contracts
               with
               
                 Thomas
                 Hibbots
              
               for
               his
               Inheritance
               ,
               for
               2500
               l.
               executes
               the
               Contract
               by
               a
               Deed
               ,
               and
               Fine
               levied
               ,
               deposits
               part
               of
               the
               Money
               ,
               and
               when
               a
               Petition
               was
               exhibited
               to
               the
               Lord
               Deputy
               and
               Council
               for
               the
               very
               Estate
               ,
               your
               Lordships
               remember
               how
               this
               came
               in
               judgment
               before
               my
               Lord
               Deputy
               ;
               there
               was
               but
               a
               Petition
               delivered
               ,
               there
               was
               an
               answer
               made
               ,
               and
               all
               the
               suggestions
               of
               the
               Petition
               denied
               ;
               yet
               my
               Lord
               spake
               to
               Hibbots
               himself
               ,
               that
               was
               willing
               to
               accept
               the
               Money
               ,
               
                 not
                 to
                 decline
                 the
                 way
                 that
                 he
                 was
                 in
                 by
                 Petition
                 ,
                 Five
                 hundred
                 pound
                 more
                 will
                 do
                 him
                 no
                 hurt
                 to
                 carry
                 into
              
               England
               
                 with
                 him
              
               :
               and
               yet
               ,
               without
               examination
               of
               a
               Witness
               ,
               a
               Decree
               was
               made
               to
               deprive
               this
               Lady
               of
               her
               Estate
               :
               and
               the
               purchasing
               of
               this
               Land
               by
               my
               Lord
               of
               Strafford
               ,
               was
               proved
               by
               two
               Witnesses
               ,
               though
               not
               absolutely
               ,
               yet
               by
               confession
               of
               Sir
               
                 Robert
                 Meredith
              
               and
               others
               ,
               whose
               names
               were
               used
               in
               Trust
               for
               my
               Lord
               of
               Strafford
               ,
               and
               that
               it
               proved
               according
               to
               my
               Lord
               of
               Straffords
               
               Prophecy
               ;
               for
               the
               man
               had
               five
               hundred
               pounds
               gain
               above
               the
               Contract
               with
               my
               Lady
               Hibbots
               .
            
             
               But
               after
               the
               Lands
               were
               sold
               for
               Seven
               thousand
               pounds
               :
               so
               that
               the
               Lady
               Hibbots
               offence
               was
               her
               making
               of
               a
               bargain
               ,
               whereby
               to
               gain
               Five
               hundred
               pounds
               ;
               but
               there
               was
               no
               offence
               in
               my
               Lord
               ,
               to
               make
               a
               bargain
               for
               Three
               thousand
               pounds
               ,
               and
               to
               gain
               Four
               thousand
               pounds
               presently
               :
               this
               you
               see
               proved
               by
               Hibbots
               the
               party
               ,
               and
               by
               Mr.
               Hoy
               ,
               the
               Son
               of
               the
               Lady
               Hibbots
               ,
            
             
               So
               that
               here
               is
               a
               determination
               of
               a
               Cause
               before
               the
               Council-Table
               ,
               touching
               Land
               ,
               which
               was
               neither
               Plantation
               ,
               nor
               Church-Land
               ,
               without
               colour
               of
               the
               Instructions
               ,
               contrary
               to
               Law
               ,
               to
               Statute
               ,
               to
               Practice
               ;
               and
               if
               this
               be
               not
               an
               exercising
               of
               an
               unlawful
               jurisdiction
               over
               the
               Land
               and
               Estates
               of
               the
               Subject
               ,
               I
               know
               not
               what
               is
               .
            
             
               In
               his
               answer
               to
               this
               case
               he
               did
               open
               it
               (
               yet
               whether
               he
               mistook
               or
               no
               I
               know
               not
               )
               that
               he
               had
               a
               Letter
               from
               the
               King
               ,
               but
               he
               produces
               none
               in
               evidence
               ;
               and
               that
               is
               another
               mis-recital
               .
               I
               am
               sorry
               he
               should
               mis-recite
               ,
               and
               fix
               it
               upon
               the
               Person
               of
               His
               Sovereign
               in
               a
               case
               of
               this
               nature
               .
            
             
               Now
               he
               falls
               more
               immediately
               upon
               the
               liberty
               of
               the
               Subject
               ,
               and
               that
               is
               by
               the
               Warrant
               mentioned
               in
               the
               Ninth
               Article
               ,
               to
               be
               issued
               to
               the
               Bishop
               of
               Down
               and
               Conner
               ,
               whereby
               he
               gives
               power
               to
               him
               and
               his
               Officers
               ,
               to
               apprehend
               any
               of
               the
               Kings
               Subjects
               that
               appeared
               not
               upon
               Process
               out
               of
               his
               Ecclesiastical
               Courts
               ,
               expresly
               contrary
               to
               Law
               ;
               and
               your
               Lordships
               have
               heard
               how
               miserably
               the
               Kings
               Subjects
               were
               used
               by
               this
               Warrant
               ,
               as
               hath
               been
               proved
               by
               a
               Gentleman
               of
               Quality
               ,
               Sir
               
                 Iames
                 Mountgomery
              
               :
               And
               howsoever
               he
               pretends
               it
               was
               called
               in
               ,
               it
               was
               three
               whole
               years
               in
               execution
               ,
               before
               it
               was
               called
               in
               ;
               and
               though
               he
               pretends
               his
               Predecessors
               did
               ordinarily
               grant
               Warrants
               of
               that
               nature
               ,
               yet
               he
               proves
               no
               such
               thing
               .
            
             
               My
               Lord
               Primate
               was
               examined
               ,
               and
               he
               says
               ,
               that
               Bishop
               Mountgomery
               did
               tell
               him
               there
               was
               such
               a
               Warrant
               ,
               and
               one
               Witness
               more
               speaks
               of
               one
               Warrant
               ,
               and
               that
               is
               all
               the
               Witnesses
               produced
               ,
               and
               that
               but
               to
               be
               a
               Copy
               too
               .
               Your
               Lordships
               have
               heard
               how
               he
               exercises
               his
               jurisdiction
               and
               power
               over
               particulars
               ,
               and
               that
               in
               a
               numerous
               manner
               ;
               now
               your
               Lordships
               shall
               find
               it
               universal
               ,
               and
               spread
               over
               the
               face
               of
               that
               Kingdom
               that
               was
               under
               his
               jurisdiction
               ,
               and
               that
               is
               in
               the
               tenth
               Article
               ,
               which
               concerns
               the
               Customs
               :
               where
               he
               doth
               impose
               upon
               the
               Kings
               Subjects
               a
               Rate
               and
               Tax
               against
               Law
               ,
               and
               enforces
               them
               to
               pay
               it
               ,
               or
               else
               punishes
               them
               for
               it
               ;
               which
               is
               expresly
               an
               arrogating
               to
               himself
               of
               a
               jurisdiction
               above
               the
               Law.
               
            
             
               My
               Lords
               ,
               in
               his
               answer
               he
               pretends
               that
               
                 this
                 is
                 rather
                 a
                 matter
                 of
                 fraud
                 than
                 otherwise
                 :
              
               in
               truth
               and
               so
               it
               is
               ,
               and
               that
               a
               great
               one
               too
               .
               But
               as
               it
               is
               a
               fraud
               ,
               a
               dis-service
               ,
               and
               deceit
               to
               His
               Majesty
               ,
               so
               it
               is
               likewise
               an
               exercise
               of
               a
               Tyrannical
               Jurisdiction
               over
               his
               Subjects
               .
               That
               it
               is
               a
               fraud
               to
               His
               Majesty
               ,
               it
               plainly
               appears
               ,
               for
               the
               King
               lost
               exceedingly
               by
               it
               ;
               whereas
               before
               the
               Rent
               afforded
               the
               King
               was
               11050.
               l.
               there
               was
               improved
               by
               the
               new
               Lease
               ,
               that
               my
               Lord
               of
               Strafford
               took
               but
               1350
               l.
               and
               I
               beseech
               your
               Lordships
               observe
               how
               much
               the
               King
               lost
               by
               it
               ;
               for
               my
               Lord
               had
               comprehended
               in
               his
               new
               Lease
               the
               Impost
               of
               Wine
               ,
               for
               which
               the
               King
               before
               that
               time
               received
               1400
               l.
               a
               year
               ;
               and
               likewise
               the
               Custom
               of
               
                 London-derry
                 ,
                 Colerane
              
               ,
               and
               Knockfergus
               ,
               for
               which
               the
               King
               had
               reserved
               1700
               l.
               a
               year
               ,
               besides
               the
               moity
               of
               the
               seizures
               :
               so
               here
               is
               5000
               l.
               that
               the
               King
               lost
               of
               the
               old
               Rent
               expresly
               :
               and
               if
               your
               Lordships
               please
               ,
               observe
               the
               gain
               and
               benefit
               my
               Lord
               of
               Strafford
               made
               by
               it
               ;
               in
               one
               year
               
               he
               and
               his
               sharers
               received
               39000
               l.
               and
               in
               the
               last
               year
               51000
               l.
               and
               that
               expresly
               proved
               upon
               two
               accounts
               :
               and
               if
               this
               be
               his
               dealing
               ,
               where
               is
               his
               service
               to
               the
               King
               in
               his
               pretence
               to
               advance
               the
               Customs
               ?
            
             
               It
               is
               true
               ,
               he
               says
               ,
               
                 The
                 King
                 hath
                 five
                 eighth
                 parts
                 ,
              
               but
               it
               was
               but
               within
               these
               two
               years
               ,
               the
               King
               had
               it
               not
               before
               .
               And
               I
               would
               very
               gladly
               have
               heard
               whether
               the
               King
               received
               his
               part
               of
               an
               account
               of
               55000
               l.
               if
               he
               had
               received
               it
               ,
               I
               believe
               we
               should
               have
               heard
               of
               it
               .
            
             
               My
               Lords
               ,
               There
               is
               something
               more
               ;
               here
               is
               a
               new
               imposition
               on
               the
               Kings
               people
               without
               Law
               ,
               and
               yet
               I
               will
               do
               my
               Lord
               of
               Strafford
               no
               injury
               :
               but
               I
               tell
               you
               how
               the
               proof
               stands
               ;
               It
               was
               a
               Book
               of
               Rates
               framed
               before
               he
               came
               to
               the
               farm
               ,
               for
               the
               Book
               of
               Rates
               was
               in
               March
               ,
               and
               the
               Date
               of
               his
               Assignment
               was
               in
               April
               following
               ;
               and
               therefore
               my
               Lord
               saith
               ,
               
                 It
                 could
                 not
                 be
                 for
                 his
                 benefit
                 .
              
               But
               ,
               my
               Lords
               ,
               all
               this
               while
               my
               Lord
               of
               Strafford
               was
               in
               England
               ,
               and
               in
               agitation
               for
               the
               procuring
               of
               it
               ,
               and
               they
               come
               one
               upon
               the
               heels
               of
               another
               ,
               and
               I
               beseech
               you
               observe
               
                 cui
                 bono
              
               ;
               the
               Book
               of
               Rates
               was
               procured
               within
               a
               month
               of
               the
               Patent
               ,
               but
               God
               knows
               whether
               it
               were
               not
               within
               the
               compass
               of
               his
               intentions
               to
               take
               the
               Patent
               ;
               and
               therefore
               whether
               he
               were
               not
               the
               Instrument
               of
               raising
               Rates
               ,
               it
               rests
               in
               your
               Lordships
               judgement
               ,
               and
               all
               that
               hear
               me
               ;
               I
               am
               sure
               the
               benefit
               redounded
               to
               himself
               :
               and
               so
               here
               is
               an
               Arbitrary
               Government
               in
               imposing
               and
               forcing
               to
               pay
               ,
               for
               that
               I
               desire
               your
               Lordships
               to
               take
               with
               you
               ;
               and
               he
               might
               as
               well
               have
               raised
               nineteen
               shillings
               on
               a
               pound
               ,
               as
               nine
               pence
               or
               three
               pence
               ,
               by
               the
               same
               rule
               of
               Law.
               
            
             
               The
               next
               Article
               in
               number
               was
               the
               Eleventh
               ,
               and
               I
               would
               be
               glad
               my
               Lord
               had
               not
               mentioned
               it
               ;
               it
               concerns
               the
               Pipe-staves
               ,
               wherein
               he
               pretends
               he
               did
               the
               King
               great
               service
               ,
               
                 and
                 that
              
               ,
               he
               sayes
               ,
               
                 was
                 the
                 reason
                 of
                 our
                 passing
                 over
                 it
                 :
              
               but
               that
               was
               not
               the
               reason
               ;
               it
               had
               been
               a
               foul
               business
               if
               we
               had
               opened
               it
               ;
               but
               having
               enough
               besides
               ,
               we
               made
               not
               use
               of
               it
               :
               for
               the
               substance
               of
               the
               proofs
               by
               multiplicity
               of
               Witnesses
               had
               been
               ,
               that
               the
               parties
               themselves
               that
               bought
               the
               Pipe-staves
               for
               four
               pound
               odd
               money
               ,
               were
               fain
               to
               sell
               them
               to
               his
               Instruments
               for
               six
               pounds
               ,
               and
               after
               to
               buy
               them
               again
               for
               ten
               pounds
               ,
               else
               there
               must
               be
               no
               Licence
               to
               export
               them
               :
               but
               that
               I
               would
               not
               have
               mentioned
               ,
               if
               he
               had
               let
               it
               slip
               over
               .
            
             
               I
               come
               to
               the
               Twelfth
               Article
               ,
               and
               that
               is
               concerning
               the
               Tobacco
               ,
               wherein
               he
               pretends
               
                 the
                 Kings
                 service
              
               ,
               and
               if
               my
               memory
               fail
               me
               not
               ,
               
                 the
                 desire
                 of
                 the
                 Parliament
                 ,
                 that
                 he
                 should
                 take
                 this
                 into
                 his
                 hands
                 for
                 the
                 King.
                 
              
            
             
               My
               Lords
               ,
               Therein
               ,
               under
               his
               favour
               ,
               he
               hath
               mis-recited
               the
               Evidence
               ,
               and
               spoken
               that
               he
               cannot
               justify
               ;
               for
               he
               can
               shew
               no
               such
               desire
               of
               the
               Parliament
               .
               It
               is
               true
               ,
               there
               was
               a
               desire
               of
               the
               Parliament
               ,
               that
               the
               King
               would
               be
               pleased
               to
               take
               his
               Customs
               into
               his
               hands
               ,
               for
               the
               advancement
               of
               his
               Revenue
               ,
               that
               it
               might
               go
               to
               maintain
               himself
               ,
               and
               he
               might
               not
               be
               abused
               ,
               and
               others
               live
               by
               it
               ;
               but
               to
               take
               the
               Tobacco
               into
               his
               hands
               ,
               he
               never
               did
               ,
               nor
               can
               produce
               a
               witness
               to
               prove
               such
               their
               desire
               ;
               and
               therefore
               ,
               under
               favour
               ,
               he
               fixes
               a
               wrong
               upon
               the
               Parliament
               ,
               and
               injures
               your
               Lordships
               by
               his
               reciting
               that
               he
               neither
               did
               nor
               can
               make
               good
               ;
               for
               there
               was
               no
               such
               thing
               .
            
             
               But
               if
               you
               observe
               the
               course
               he
               takes
               ,
               he
               makes
               Proclamation
               to
               hinder
               the
               importing
               of
               Tobacco
               into
               Ireland
               ;
               that
               if
               it
               be
               imported
               ,
               it
               must
               be
               sold
               to
               him
               at
               his
               own
               rate
               ;
               and
               by
               this
               means
               he
               first
               hinders
               the
               liberty
               of
               the
               Subject
               from
               doing
               what
               the
               Law
               allows
               him
               ,
               and
               so
               takes
               on
               him
               an
               Arbitrary
               Power
               ;
               And
               Secondly
               ,
               he
               ingrosses
               this
               commodity
               to
               himself
               ,
               deceiving
               His
               Majesty
               ,
               to
               whom
               he
               professeth
               so
               much
               fidelity
               ;
               for
               whereas
               there
               is
               5000
               l.
               Rent
               to
               the
               King
               ,
               he
               ,
               by
               the
               computation
               of
               
               Merchants
               ,
               receives
               near
               14000
               l.
               a
               year
               :
               And
               because
               their
               computations
               are
               not
               always
               true
               ,
               I
               do
               not
               care
               if
               I
               allow
               him
               40000
               l.
               mistaken
               ,
               and
               then
               he
               will
               gain
               near
               100000
               l.
               so
               that
               if
               he
               intends
               the
               Kings
               benefit
               ,
               it
               is
               wonder
               he
               told
               not
               His
               Majesty
               of
               the
               great
               profit
               that
               might
               thereby
               have
               risen
               ,
               and
               let
               him
               partake
               of
               it
               ,
               as
               in
               Justice
               he
               should
               have
               done
               ,
               according
               to
               the
               Trust
               reposed
               in
               him
               :
               but
               you
               have
               heard
               of
               no
               such
               matter
               .
               And
               surely
               my
               Lord
               of
               Strafford
               would
               not
               have
               omitted
               it
               ,
               if
               it
               had
               been
               for
               his
               advantage
               ,
               especially
               in
               this
               presence
               ,
               where
               he
               omits
               nothing
               to
               clear
               himself
               ,
               or
               to
               insinuate
               with
               His
               Majesty
               .
            
             
               Now
               I
               come
               to
               the
               Thirteenth
               Article
               ,
               the
               Article
               concerning
               Flax
               ,
               which
               I
               know
               is
               fresh
               in
               your
               Lordships
               memories
               ,
               and
               I
               believe
               will
               be
               so
               in
               the
               memories
               of
               the
               Subjects
               of
               Ireland
               for
               many
               years
               ,
               how
               he
               ingrossed
               it
               into
               his
               hands
               ,
               and
               interrupted
               the
               Trade
               of
               the
               poor
               People
               ,
               whereby
               such
               miseries
               and
               calamities
               befell
               many
               of
               that
               Nation
               ,
               that
               as
               you
               have
               heard
               it
               proved
               ,
               thousands
               dye
               in
               ditches
               for
               want
               of
               Bread
               to
               put
               in
               their
               mouths
               .
               And
               whereas
               he
               pretends
               that
               this
               was
               proved
               but
               by
               one
               witness
               ,
               and
               that
               man
               to
               be
               imprisoned
               ,
               and
               of
               no
               credit
               ,
               though
               he
               was
               his
               own
               instrument
               ;
               your
               Lordships
               remember
               Sir
               
                 Iohn
                 Clotworthy
              
               his
               testimony
               ,
               and
               anothers
               ,
               and
               his
               own
               Warrant
               produced
               ,
               and
               acknowledged
               here
               to
               justify
               the
               execution
               of
               it
               ,
               and
               such
               a
               thing
               was
               thereby
               taken
               into
               his
               own
               hands
               ,
               that
               I
               profess
               I
               never
               heard
               the
               like
               ,
               that
               the
               poor
               people
               should
               be
               constrained
               to
               use
               their
               own
               as
               he
               pleased
               ,
               and
               that
               pleasing
               of
               himself
               laid
               an
               impossibility
               on
               the
               people
               to
               execute
               his
               pleasure
               ,
               which
               was
               a
               bondage
               exceeding
               that
               of
               the
               Israelites
               under
               the
               Egyptians
               ;
               for
               there
               was
               not
               laid
               so
               much
               upon
               the
               Children
               of
               Israel
               ,
               but
               there
               was
               a
               possibility
               to
               perform
               ;
               they
               might
               with
               much
               labour
               perchance
               get
               stubble
               to
               burn
               their
               Brick
               ,
               but
               the
               Natives
               here
               must
               have
               a
               charge
               laid
               upon
               them
               without
               possibility
               to
               perform
               ,
               and
               the
               disobedience
               must
               cost
               them
               no
               less
               than
               the
               loss
               of
               their
               Goods
               ,
               which
               drew
               with
               it
               even
               the
               loss
               of
               their
               lives
               for
               want
               of
               bread
               .
               This
               was
               not
               proved
               by
               only
               one
               witness
               ,
               but
               by
               many
               .
               And
               your
               Lordships
               remember
               the
               remonstrance
               of
               that
               Parliament
               of
               Ireland
               ,
               which
               declares
               it
               to
               a
               greater
               height
               than
               I
               have
               opened
               it
               .
            
             
               The
               Fifteenth
               Article
               ,
               is
               that
               of
               
                 Levying
                 War
                 upon
                 the
                 Kings
                 Subjects
                 ,
              
               expresly
               within
               the
               Statute
               of
               25
               Edw.
               3.
               and
               18
               H.
               6.
               
               Your
               Lordships
               have
               heard
               the
               Warrant
               proved
               by
               the
               party
               himself
               ,
               to
               whom
               it
               was
               directed
               ;
               whereby
               Power
               was
               given
               to
               lay
               Soldiers
               upon
               any
               party
               ,
               that
               did
               not
               obey
               my
               Lord
               of
               Straffords
               Orders
               at
               the
               Council
               Table
               ,
               but
               not
               to
               circumscribe
               him
               to
               a
               certain
               number
               ;
               but
               the
               Sergeant
               at
               Arms
               and
               his
               Ministers
               ,
               might
               lay
               as
               many
               as
               they
               would
               .
               It
               is
               true
               ,
               this
               Warrant
               was
               not
               it self
               produced
               ,
               but
               a
               copy
               was
               offered
               ,
               which
               was
               not
               read
               ;
               and
               therefore
               I
               will
               not
               offer
               it
               to
               be
               proved
               ,
               but
               the
               party
               that
               executed
               the
               Warrant
               it self
               ,
               proves
               it
               to
               be
               under
               the
               Hand
               and
               Seal
               of
               my
               Lord
               of
               Strafford
               ,
               he
               proves
               the
               express
               authority
               of
               it
               ,
               which
               was
               to
               the
               effect
               I
               opened
               ;
               three
               or
               four
               more
               ,
               who
               saw
               and
               read
               it
               ,
               proved
               the
               same
               :
               and
               that
               it
               was
               under
               the
               Hand
               and
               Seal
               of
               my
               Lord
               of
               Strafford
               ,
               that
               accordingly
               it
               was
               executed
               upon
               divers
               of
               the
               King's
               Subjects
               ;
               it
               was
               proved
               by
               three
               witnesses
               expresly
               in
               the
               point
               ,
               how
               by
               colour
               of
               this
               Warrant
               the
               Sergeant
               at
               Arms
               ,
               and
               his
               Officers
               ,
               sent
               Soldiers
               to
               lye
               in
               the
               Houses
               and
               Lands
               of
               the
               Kings
               Subjects
               ;
               how
               the
               Owners
               were
               thereby
               forced
               out
               from
               their
               own
               Habitation
               ;
               how
               their
               Goods
               were
               wasted
               and
               devoured
               ,
               their
               Corn
               and
               Victuals
               eaten
               up
               ,
               and
               the
               Soldiers
               never
               left
               them
               ,
               as
               long
               as
               any
               part
               of
               their
               Estates
               remained
               to
               maintain
               them
               .
            
             
             
               My
               Lord
               of
               Straffords
               defence
               is
               ,
               
                 That
                 it
                 hath
                 been
                 used
                 before
                 his
                 time
                 in
              
               Ireland
               ;
               wherein
               he
               hath
               again
               mis-recited
               ;
               for
               he
               did
               not
               offer
               a
               proof
               ,
               nor
               a
               particle
               of
               a
               proof
               ,
               that
               ever
               any
               man
               did
               know
               Soldiers
               laid
               upon
               any
               party
               ,
               for
               refusing
               to
               appear
               to
               a
               Warrant
               ,
               or
               for
               other
               contempt
               at
               Council-Table
               ,
               before
               himself
               did
               it
               ;
               but
               he
               offered
               to
               prove
               ,
               
                 That
                 formerly
                 Soldiers
                 were
                 sent
                 against
                 Rebels
                 ,
                 and
                 that
                 after
                 they
                 were
                 declared
                 to
                 be
                 Rebels
                 ,
                 and
                 that
                 justly
                 too
              
               ;
               and
               he
               proved
               an
               use
               and
               custom
               to
               force
               men
               to
               pay
               Contribution-money
               ,
               due
               to
               the
               King
               ,
               but
               that
               was
               by
               consent
               of
               the
               people
               ,
               who
               granted
               a
               Contribution
               of
               20000
               l.
               a
               year
               ,
               for
               increase
               of
               the
               Kings
               Revenue
               ;
               and
               that
               it
               might
               not
               be
               upon
               Record
               in
               the
               Exchequer
               ,
               and
               so
               claimed
               as
               due
               in
               time
               to
               come
               ,
               they
               consented
               ,
               that
               Soldiers
               should
               be
               laid
               upon
               them
               that
               refused
               it
               ;
               and
               the
               word
               
                 (
                 Consent
              
               )
               is
               within
               the
               Statute
               of
               18
               H.
               6.
               
               Again
               ,
               did
               he
               prove
               all
               manner
               of
               Rents
               were
               levied
               by
               Soldiers
               ?
               no
               such
               thing
               ;
               but
               such
               Rents
               as
               were
               designed
               for
               the
               payment
               of
               the
               Army
               :
               he
               proved
               by
               Sir
               
                 Arthur
                 Terringham
              
               ,
               the
               laying
               of
               Soldiers
               once
               for
               the
               payment
               of
               a
               fum
               of
               Money
               ;
               but
               Sir
               Arthur
               being
               demanded
               whether
               it
               were
               the
               King's
               Rents
               ,
               or
               comprehended
               within
               the
               same
               general
               Rule
               ,
               he
               could
               make
               no
               answer
               thereunto
               .
            
             
               Your
               Lordships
               remember
               ,
               he
               says
               
                 He
                 did
                 not
                 know
                 it
                 ,
                 and
                 therefore
                 probably
                 it
                 was
                 the
                 Kings
                 Rents
              
               ;
               and
               doubtless
               it
               was
               so
               .
            
             
               But
               if
               he
               had
               produced
               Precedents
               ,
               it
               could
               not
               be
               an
               authority
               for
               Treason
               ,
               that
               if
               people
               did
               not
               appear
               to
               his
               Orders
               ,
               he
               must
               levy
               War
               against
               the
               Kings
               Subjects
               ;
               and
               for
               his
               extenuation
               of
               the
               War
               ,
               that
               the
               same
               was
               of
               no
               great
               danger
               ,
               there
               being
               not
               above
               five
               or
               six
               Soldiers
               laid
               at
               a
               time
               .
               I
               would
               to
               God
               ,
               the
               people
               oppressed
               by
               it
               ,
               had
               cause
               to
               undervalue
               it
               :
               I
               am
               sure
               four
               or
               six
               Musquetiers
               are
               as
               strong
               to
               oppress
               a
               man
               ,
               as
               four
               thousand
               ;
               so
               the
               matter
               of
               Fact
               is
               strongly
               and
               expresly
               proved
               .
               Besides
               ,
               though
               there
               came
               not
               above
               four
               or
               five
               to
               a
               house
               ,
               yet
               the
               authority
               given
               to
               the
               Sergeant
               was
               general
               ;
               he
               might
               have
               brought
               more
               if
               he
               had
               listed
               :
               and
               in
               truth
               ,
               he
               brought
               as
               many
               as
               the
               Estate
               of
               the
               party
               would
               maintain
               ,
            
             
               And
               as
               to
               the
               not
               producing
               of
               the
               Warrant
               ,
               I
               have
               already
               answered
               it
               .
               If
               it
               were
               in
               the
               case
               of
               a
               Deed
               wherein
               men
               call
               for
               witnesses
               ,
               it
               were
               something
               ;
               but
               God
               forbid
               that
               the
               Treason
               should
               be
               gone
               ,
               and
               the
               Traitor
               not
               questionable
               ,
               if
               his
               Warrant
               can
               be
               once
               put
               out
               of
               the
               way
               .
            
             
               The
               next
               Article
               which
               is
               laid
               to
               his
               charge
               ,
               is
               ,
               
                 For
                 issuing
                 out
                 a
                 Proclamation
                 ,
                 and
                 Warrant
                 of
                 restraint
                 ,
                 to
                 inhibit
                 the
                 Kings
                 Subjects
                 to
                 come
                 to
                 the
                 Fountain
                 ,
              
               their
               Sovereign
               ,
               to
               deliver
               their
               complaints
               of
               their
               wrongs
               and
               oppressions
               .
               Your
               Lordships
               have
               heard
               how
               he
               hath
               exercised
               his
               jurisdiction
               ,
               and
               now
               he
               raises
               a
               battery
               to
               secure
               and
               make
               it
               safe
               .
               If
               he
               do
               wrong
               ,
               perhaps
               the
               complaint
               may
               come
               to
               the
               Gracious
               Ears
               of
               a
               King
               ,
               who
               is
               ready
               to
               give
               relief
               ,
               and
               therefore
               he
               must
               stop
               these
               cries
               ,
               and
               prevent
               these
               means
               ,
               that
               he
               may
               go
               on
               without
               interruption
               ;
               and
               to
               that
               end
               he
               makes
               Propositions
               here
               ,
               
                 That
                 the
                 Kings
                 Subjects
                 in
              
               Ireland
               
                 should
                 not
                 come
                 over
                 to
                 make
                 complaint
                 against
                 Ministers
                 of
                 State
                 ,
                 before
                 an
                 address
                 first
                 made
                 to
                 himself
                 .
              
               It
               is
               true
               ,
               he
               makes
               a
               fair
               pretence
               and
               shew
               for
               it
               ,
               and
               had
               just
               cause
               of
               approbation
               ,
               if
               he
               intended
               what
               he
               pretended
               ;
               But
               as
               soon
               as
               he
               came
               into
               Ireland
               ,
               what
               use
               made
               he
               of
               it
               ?
               he
               ingrosses
               the
               proceedings
               of
               almost
               all
               the
               Courts
               of
               Justice
               into
               his
               own
               hands
               ,
               and
               so
               pre-possesses
               the
               King
               by
               a
               colourable
               proposition
               ,
               and
               prevents
               their
               coming
               over
               before
               they
               had
               made
               their
               address
               to
               himself
               ,
               and
               then
               he
               becomes
               the
               wrong
               doer
               ,
               and
               issues
               Proclamations
               for
               the
               hindring
               of
               the
               
               King's
               Subjects
               to
               seek
               redress
               without
               his
               leave
               ;
               which
               is
               as
               great
               a
               proof
               of
               his
               design
               ,
               and
               as
               great
               an
               injury
               to
               the
               people
               ,
               governed
               under
               a
               Gracious
               Prince
               ,
               as
               a
               heart
               can
               conceive
               .
               And
               what
               his
               intention
               was
               in
               exhibiting
               this
               Proposition
               ,
               it
               will
               appear
               in
               the
               sentence
               of
               a
               poor
               man
               ,
               one
               David
               ,
               who
               was
               censured
               ,
               and
               most
               heavily
               Fined
               for
               coming
               over
               into
               England
               to
               prosecute
               complaint
               against
               my
               Lord
               of
               Strafford
               .
               It
               is
               true
               ,
               that
               this
               was
               not
               the
               cause
               expressed
               ,
               but
               this
               was
               the
               truth
               of
               the
               matter
               .
               Your
               Lordships
               remember
               a
               clause
               in
               the
               Order
               at
               Council-Board
               ,
               whereby
               is
               set
               forth
               the
               cause
               wherefore
               the
               party
               is
               not
               sentenced
               ,
               which
               I
               never
               saw
               in
               an
               order
               before
               ,
               nor
               should
               now
               ,
               but
               that
               my
               Lord
               foresaw
               there
               was
               danger
               in
               it
               ,
               that
               he
               might
               be
               charged
               in
               this
               place
               for
               the
               fact
               ;
               and
               therefore
               puts
               in
               negatively
               ,
               why
               the
               party
               was
               not
               
                 censured
                 .
                 Clausula
                 inconsulta
                 inducit
                 suspitionem
                 .
              
               And
               how
               defends
               he
               this
               Article
               ?
               he
               sayes
               ,
               
                 his
                 predecessors
                 issued
                 Proclamations
                 to
                 hinder
                 the
                 Kings
                 Subjects
                 from
                 going
                 over
                 ,
                 lest
                 they
                 should
                 joyn
                 with
              
               O-Neal
               ,
               and
               Tirconnell
               
                 beyond
                 Sea
                 ,
                 and
                 so
                 it
                 might
                 be
                 dangerous
                 to
                 the
                 State
              
               ;
               but
               because
               they
               may
               joyn
               with
               Foreigners
               ,
               shall
               they
               therefore
               not
               come
               to
               the
               King
               to
               make
               just
               complaint
               ?
               What
               this
               argument
               is
               ,
               I
               refer
               to
               your
               Lordships
               judgments
               .
            
             
               Then
               he
               pretends
               a
               former
               precedent
               ,
               affirming
               that
               the
               like
               instructions
               were
               given
               to
               my
               Lord
               of
               Faulkland
               ;
               but
               was
               there
               any
               ,
               that
               none
               should
               come
               to
               their
               Sovereign
               ,
               to
               make
               their
               just
               appeal
               if
               injured
               ?
               Surely
               there
               was
               never
               any
               such
               Instruction
               before
               ,
               and
               I
               hope
               never
               will
               be
               again
               .
            
             
               The
               next
               Article
               is
               the
               Nineteenth
               :
               and
               now
               when
               he
               had
               so
               plentifully
               exercised
               his
               Tyranny
               over
               the
               Lives
               ,
               the
               Liberty
               ,
               and
               the
               Estates
               of
               the
               King's
               Subjects
               ;
               A
               man
               would
               think
               he
               could
               go
               no
               further
               :
               But
               see
               a
               Tyranny
               exercised
               beyond
               that
               ,
               and
               that
               is
               over
               the
               Consciences
               of
               men
               :
               hitherto
               he
               dealt
               with
               the
               
                 outward
                 man
              
               ,
               and
               now
               he
               offers
               violence
               to
               the
               
                 inward
                 man
              
               ,
               and
               imposes
               an
               Oath
               upon
               the
               Kings
               Subjects
               ,
               and
               so
               exerciseth
               a
               Tyranny
               over
               the
               Consciences
               of
               men
               .
            
             
               And
               setting
               aside
               the
               matter
               of
               the
               Oath
               ,
               if
               he
               hath
               authority
               and
               power
               to
               impose
               such
               an
               Oath
               as
               he
               shall
               frame
               ,
               he
               may
               by
               the
               same
               power
               impose
               any
               Oath
               to
               compell
               Consciences
               .
            
             
               He
               pretends
               a
               Warrant
               from
               His
               Majesty
               to
               do
               it
               ,
               but
               the
               Kings
               Ministers
               are
               to
               serve
               the
               King
               according
               to
               Law
               ;
               and
               I
               dare
               be
               bold
               to
               say
               (
               and
               we
               have
               good
               reason
               to
               thank
               God
               for
               it
               )
               if
               any
               of
               the
               Kings
               Ministers
               tell
               him
               ,
               that
               any
               Command
               he
               gives
               is
               against
               Law
               ,
               there
               is
               no
               doubt
               but
               in
               his
               Goodness
               and
               Piety
               ,
               he
               will
               withdraw
               his
               Command
               ,
               and
               not
               enforce
               execution
               ;
               and
               therefore
               if
               there
               were
               an
               error
               ,
               the
               King
               is
               free
               ,
               and
               the
               Ministers
               to
               be
               justly
               charged
               with
               it
               .
            
             
               But
               there
               was
               no
               Command
               from
               the
               King
               to
               compel
               and
               enforce
               them
               to
               take
               the
               Oath
               by
               the
               power
               of
               the
               Star-Chamber
               ,
               to
               commit
               them
               to
               prison
               ,
               to
               impose
               heavy
               Fines
               ,
               and
               tyrannize
               over
               them
               ;
               all
               which
               he
               did
               in
               the
               Case
               of
               Steward
               .
            
             
               And
               now
               one
               would
               have
               thought
               he
               had
               acted
               his
               part
               ,
               when
               he
               had
               acted
               as
               much
               as
               lay
               in
               his
               own
               power
               ;
               and
               yet
               he
               goes
               beyond
               this
               ,
               he
               was
               not
               content
               to
               corrupt
               all
               the
               streams
               (
               which
               was
               not
               a
               diverting
               of
               the
               course
               ,
               as
               he
               spoke
               in
               his
               answer
               ;
               for
               he
               not
               only
               turned
               the
               course
               of
               the
               water
               ,
               but
               changed
               the
               nature
               of
               it
               ,
               converted
               it
               into
               poyson
               ,
               a
               legal
               and
               just
               proceeding
               into
               a
               Tyrannical
               and
               Arbitrary
               Government
               ,
               which
               is
               not
               turning
               ,
               but
               corrupting
               of
               the
               clear
               and
               chrystal
               streams
               to
               bitterness
               and
               death
               .
               )
               But
               yet
               the
               Fountain
               remains
               clear
               ,
               and
               perhaps
               when
               his
               hand
               is
               taken
               off
               ,
               you
               shall
               have
               the
               streams
               run
               as
               pure
               and
               uncorrupt
               as
               ever
               they
               did
               .
               This
               is
               it
               troubles
               him
               ,
               remove
               but
               this
               obstacle
               ,
               and
               the
               work
               is
               perfect
               ;
               
               and
               therefore
               now
               he
               will
               go
               about
               to
               corrupt
               the
               streams
               :
               if
               he
               can
               but
               infuse
               his
               poyson
               into
               the
               Kings
               heart
               ,
               which
               is
               the
               Fountain
               ,
               then
               all
               is
               done
               ;
               and
               now
               he
               attempts
               that
               ,
               and
               approacheth
               the
               Throne
               ,
               endeavours
               to
               corrupt
               the
               Kings
               Goodness
               with
               wicked
               Counsels
               ;
               but
               God
               be
               thanked
               he
               finds
               there
               too
               much
               Piety
               to
               prevail
               .
            
             
               And
               therefore
               the
               next
               Article
               is
               that
               ,
               that
               charges
               him
               
                 to
                 be
                 an
                 Incendiary
                 to
                 the
                 War
                 betwixt
                 the
                 two
                 Kingdoms
                 :
              
               and
               now
               I
               shall
               be
               bold
               to
               unfold
               the
               mystery
               ,
               and
               answer
               his
               objection
               :
               
                 To
                 what
                 purpose
                 should
                 he
                 be
                 an
                 Incendiary
                 ?
                 were
                 it
                 not
                 better
                 to
                 enjoy
                 his
                 Estate
                 in
                 peace
                 and
                 quietness
                 ,
                 than
                 have
                 it
                 under
                 danger
                 of
                 a
                 War
                 ?
              
               Now
               your
               Lordships
               shall
               have
               the
               Riddle
               discovered
               .
            
             
               The
               first
               thing
               he
               doth
               after
               his
               coming
               into
               England
               is
               ,
               to
               incense
               the
               King
               to
               a
               War
               ,
               to
               involve
               two
               Nations
               of
               one
               faith
               ,
               and
               under
               one
               Sovereign
               ,
               to
               imbrue
               their
               hands
               in
               each
               others
               Blood
               ,
               and
               to
               draw
               Armies
               into
               the
               field
               .
            
             
               That
               he
               was
               this
               Incendiary
               ,
               give
               me
               leave
               to
               revive
               your
               Lordships
               memories
               with
               the
               proofs
               which
               will
               make
               it
               plain
               ;
               and
               first
               give
               me
               leave
               to
               note
               unto
               your
               Lordships
               ,
               that
               His
               Majesty
               ,
               with
               much
               wisdom
               ,
               did
               in
               Iuly
               1639.
               make
               a
               pacification
               with
               His
               Subjects
               ,
               and
               even
               at
               the
               very
               heels
               of
               this
               pacification
               ,
               when
               all
               things
               were
               at
               peace
               ,
               upon
               the
               tenth
               of
               September
               ,
               which
               was
               the
               next
               month
               but
               one
               ,
               your
               Lordships
               remember
               the
               Sentence
               of
               Steward
               in
               the
               Star-Chamber
               of
               Ireland
               ,
               for
               not
               taking
               the
               Oath
               ;
               your
               Lordships
               may
               call
               to
               mind
               the
               language
               my
               Lord
               of
               Strafford
               was
               pleased
               to
               use
               to
               the
               Scots
               :
               when
               all
               was
               in
               quietness
               ,
               he
               then
               calls
               them
               
                 no
                 better
                 than
                 Traitors
                 or
                 Rebels
                 ,
              
               if
               you
               will
               believe
               what
               the
               witnesse
               testifies
               ,
               whom
               my
               Lord
               is
               pleased
               to
               call
               a
               Schoolmaster
               :
               And
               truly
               admit
               he
               were
               so
               ,
               
                 because
                 he
                 is
                 a
                 Schoolmaster
                 ,
                 therefore
                 not
                 to
                 be
                 believed
                 ,
              
               is
               a
               
                 non
                 sequitur
              
               .
               And
               another
               Witness
               ,
               one
               Loftus
               speaks
               to
               the
               words
               ,
               though
               not
               in
               the
               same
               manner
               ;
               but
               I
               say
               ,
               the
               Tenth
               of
               September
               ,
               when
               things
               were
               at
               peace
               and
               rest
               ,
               when
               the
               King
               was
               pleased
               to
               be
               reconciled
               to
               them
               by
               that
               pacification
               ,
               what
               boiled
               in
               his
               breast
               then
               ,
               to
               the
               breaking
               forth
               of
               such
               expressions
               ,
               I
               know
               not
               ,
               unless
               it
               were
               an
               intention
               to
               be
               an
               Incendiary
               .
            
             
               My
               Lords
               ,
               I
               must
               say
               and
               affirm
               ,
               and
               he
               hath
               not
               proved
               it
               to
               the
               contrary
               ,
               that
               all
               this
               while
               (
               I
               am
               confident
               )
               there
               was
               not
               any
               breach
               of
               the
               pacification
               on
               either
               side
               ,
               and
               it
               lyes
               on
               his
               part
               to
               prove
               there
               was
               :
               But
               the
               Parliament
               of
               Scotland
               then
               sitting
               ,
               and
               making
               preparation
               for
               their
               demands
               in
               pursuance
               of
               the
               Articles
               of
               pacification
               ,
               he
               coming
               over
               into
               England
               in
               September
               ,
               immediately
               upon
               the
               pacification
               answers
               ,
               
                 That
                 he
                 found
                 things
                 so
                 distracted
                 here
                 ,
                 that
                 it
                 was
                 fit
                 the
                 Scots
                 should
                 be
                 reduced
                 by
                 force
                 ,
                 if
                 they
                 could
                 not
                 be
                 otherwise
                 :
              
               yet
               no
               breach
               appears
               ,
               no
               War
               was
               denounced
               ,
               there
               was
               no
               intention
               of
               a
               War
               :
               but
               see
               what
               harboured
               in
               his
               breast
               all
               the
               while
               ?
            
             
               The
               fourth
               of
               December
               following
               ,
               my
               Lord
               Traquaire
               made
               his
               relation
               to
               the
               Council
               of
               the
               Scots
               proceedings
               :
               and
               all
               this
               while
               there
               was
               no
               Demands
               brought
               by
               the
               Scots
               themselves
               ,
               nor
               reason
               of
               their
               Demands
               brought
               by
               others
               ,
               though
               they
               were
               not
               prepared
               ;
               yet
               you
               have
               heard
               his
               advice
               was
               
                 for
                 an
                 offensive
                 War
                 ,
                 and
                 that
                 the
                 Demands
                 were
                 a
                 just
                 cause
                 of
                 the
                 War.
              
               And
               though
               he
               pretends
               
                 he
                 said
                 no
                 more
                 than
                 what
                 the
                 rest
                 of
                 the
                 Lords
                 of
                 the
                 Council
                 concurred
                 with
                 him
                 in
                 ,
              
               I
               will
               joyn
               in
               issue
               with
               him
               in
               that
               ,
               and
               if
               some
               of
               your
               Lordships
               be
               not
               satisfied
               ,
               you
               have
               many
               noble
               Lords
               among
               you
               ,
               from
               whom
               you
               may
               be
               satisfied
               that
               it
               is
               not
               so
               ;
               I
               am
               sure
               he
               proves
               it
               not
               .
               It
               is
               true
               ,
               in
               the
               proposition
               of
               the
               Demands
               ,
               some
               
               of
               the
               Lords
               of
               the
               Council
               did
               say
               ,
               
                 That
                 these
                 Demands
                 hypothetically
                 ,
                 if
                 the
                 Scots
                 did
                 not
                 give
                 satisfaction
                 by
                 their
                 reasons
                 ,
                 were
                 a
                 just
                 cause
                 of
                 War
              
               ;
               but
               not
               any
               Lord
               of
               the
               Council
               was
               of
               that
               opinion
               ,
               that
               the
               very
               Demands
               ,
               positively
               ,
               without
               hearing
               of
               the
               reasons
               ,
               were
               a
               just
               cause
               of
               War
               ,
               but
               himself
               ;
               and
               I
               believe
               the
               Noble
               Lords
               of
               the
               Council
               ,
               their
               Consciences
               can
               tell
               them
               ,
               and
               I
               believe
               will
               deliver
               it
               to
               the
               rest
               of
               the
               Peers
               ,
               that
               I
               speak
               truth
               .
            
             
               For
               
                 the
                 offensive
                 War
              
               ,
               he
               pretends
               a
               concurrence
               of
               the
               rest
               ,
               but
               it
               was
               disapproved
               ;
               many
               were
               for
               it
               upon
               these
               terms
               ,
               
                 If
                 they
                 did
                 not
                 give
                 reasons
                 ,
                 and
                 shew
                 just
                 cause
                 for
                 their
                 Demands
              
               ;
               and
               many
               were
               against
               an
               
                 offensive
                 War
                 upon
                 any
                 terms
              
               ,
               and
               therefore
               herein
               he
               fixes
               that
               upon
               the
               Lords
               of
               the
               Council
               ,
               which
               he
               cannot
               make
               good
               .
            
             
               All
               this
               while
               his
               intentions
               are
               discovered
               by
               a
               matter
               precedent
               ,
               but
               after
               the
               breach
               he
               discovers
               his
               anger
               further
               towards
               the
               Scottish
               Nation
               ,
               and
               makes
               it
               his
               design
               to
               incense
               the
               King
               to
               this
               War.
               
            
             
               My
               Lords
               ,
               he
               is
               not
               at
               end
               yet
               ,
               for
               he
               confesses
               himself
               that
               
                 he
                 advised
                 the
                 King
                 to
                 call
                 a
                 Parliament
              
               ;
               and
               now
               I
               come
               to
               his
               
                 work
                 of
                 merit
              
               ,
               but
               it
               was
               to
               his
               destruction
               ,
               and
               serves
               to
               prove
               this
               Article
               directly
               ;
               for
               to
               what
               purpose
               was
               this
               Parliament
               called
               ?
               
                 Exitus
                 acta
                 probat
              
               ;
               it
               was
               no
               sooner
               set
               ,
               but
               within
               three
               weeks
               a
               
                 proposition
                 is
                 made
                 for
                 supply
                 towards
                 a
                 War
                 against
                 the
                 Scots
                 :
              
               Who
               was
               the
               cause
               of
               calling
               the
               Parliament
               ?
               himself
               ;
               and
               therefore
               who
               was
               the
               cause
               of
               this
               Proposition
               but
               himself
               ?
               and
               so
               the
               calling
               of
               the
               Parliament
               is
               a
               concurring
               evidence
               of
               his
               being
               an
               Incendiary
               to
               put
               on
               the
               War
               ;
               and
               it
               shall
               appear
               anon
               absolutely
               ,
               that
               he
               was
               the
               occasion
               of
               it
               ,
               though
               he
               thinks
               there
               be
               no
               proof
               of
               it
               .
            
             
               Did
               not
               he
               go
               over
               into
               Ireland
               ,
               and
               by
               his
               sollicitation
               there
               ,
               Subsidies
               were
               granted
               by
               the
               Parliament
               ,
               only
               ,
               
                 to
                 maintain
                 this
                 War
                 ,
                 and
                 to
                 shew
                 their
                 ingagement
                 in
                 it
                 ?
              
               and
               who
               was
               the
               occasion
               of
               drawing
               them
               on
               ,
               I
               referr
               to
               your
               Lordships
               judgements
               ,
               by
               the
               circumstances
               precedent
               .
            
             
               Your
               Lordships
               heard
               his
               good
               opinion
               of
               the
               Scots
               ,
               when
               he
               began
               to
               discourse
               with
               the
               Citizens
               touching
               Money
               ,
               and
               their
               affording
               of
               the
               King
               supply
               ,
               and
               seizing
               the
               Mint
               ,
               
                 by
                 giving
                 them
                 no
                 better
                 expositions
                 than
                 Rebels
              
               ;
               for
               ,
               saith
               he
               ,
               
                 you
                 are
                 more
                 forward
                 to
                 help
                 the
                 Rebels
                 here
                 ,
                 than
                 to
                 pay
                 the
                 King
                 his
                 own
                 :
              
               I
               know
               not
               who
               he
               meant
               ,
               but
               certainly
               the
               Scots
               were
               in
               his
               thoughts
               ;
               so
               that
               from
               the
               beginning
               he
               incensed
               the
               War
               against
               them
               :
               First
               ,
               he
               
                 exclaimed
                 against
                 them
                 during
                 time
                 of
                 peace
                 .
              
               He
               alledges
               in
               his
               Answer
               ,
               
                 That
                 things
                 were
                 found
                 in
                 such
                 distraction
                 ,
                 that
                 it
                 was
                 fit
                 the
                 Scots
                 should
                 be
                 reduced
                 by
                 force
                 :
              
               he
               gave
               advice
               precipitately
               without
               hearing
               the
               reasons
               ,
               and
               not
               concurrent
               to
               the
               Council
               ,
               
                 for
                 an
                 offensive
                 War
              
               ;
               and
               putting
               all
               together
               ,
               I
               refer
               it
               your
               Lordships
               judgement
               who
               is
               the
               Incendiary
               ;
               for
               how
               can
               it
               be
               proved
               more
               clearly
               ,
               unless
               it
               should
               appear
               under
               his
               Hand
               and
               Seal
               ,
               proved
               by
               two
               or
               three
               witnesses
               ?
            
             
               Now
               ,
               My
               Lords
               ,
               how
               comes
               this
               to
               be
               his
               design
               ?
               here
               the
               Mystery
               comes
               to
               be
               unfolded
               .
               Having
               thus
               incensed
               to
               the
               War
               ,
               and
               ingaged
               the
               King
               to
               the
               uttermost
               ,
               and
               having
               a
               Parliament
               now
               dissolved
               without
               supply
               ,
               he
               sets
               up
               an
               
                 Idol
                 of
                 his
                 own
                 creation
              
               ,
               as
               a
               means
               to
               draw
               on
               his
               design
               ,
               and
               that
               was
               necessity
               ;
               necessity
               ,
               is
               it
               that
               must
               enforce
               the
               King
               :
               what
               to
               do
               ?
               to
               levy
               Money
               ,
               to
               use
               his
               Prerogative
               ,
               to
               raise
               supplies
               upon
               His
               Subjects
               without
               their
               consent
               ,
               against
               their
               Will
               ,
               necessity
               must
               be
               his
               Argument
               ,
               and
               this
               War
               must
               be
               the
               occasion
               of
               that
               necessity
               ,
               and
               without
               that
               ,
               he
               cannot
               suggest
               to
               the
               Kings
               ear
               ,
               or
               advise
               this
               necessity
               ,
               till
               this
               be
               brought
               to
               pass
               .
            
             
             
               And
               now
               he
               hath
               brought
               it
               to
               pass
               ,
               he
               began
               in
               the
               One
               and
               twentieth
               ,
               Two
               and
               twentieth
               ,
               and
               Three
               and
               twentieth
               Article
               ,
               to
               perswade
               the
               King
               ,
               that
               
                 necessity
                 hath
                 surprized
                 him
                 ,
                 by
                 the
                 Parliaments
                 deserting
                 of
                 him
              
               ;
               that
               
                 the
                 Parliament
                 had
                 forsaken
                 the
                 King
                 ,
                 in
                 denying
                 supply
                 ,
                 and
                 having
                 tryed
                 the
                 affections
                 of
                 His
                 people
                 ,
                 he
                 was
                 loose
                 ,
                 and
                 absolved
                 from
                 all
                 rules
                 of
                 Government
                 ;
                 and
                 had
                 an
                 Army
                 in
              
               Ireland
               
                 which
                 he
                 might
                 employ
                 ,
                 to
                 reduce
                 this
                 Kingdom
                 .
              
            
             
               That
               he
               spake
               these
               words
               to
               the
               King
               ,
               part
               is
               proved
               by
               two
               concurrent
               Witnesses
               ,
               that
               is
               ,
               
                 that
                 having
                 tryed
                 the
                 affections
                 of
                 his
                 people
                 ,
                 he
                 was
                 now
                 loose
                 and
                 absolved
                 from
                 all
                 rules
                 of
                 Government
              
               ;
               which
               words
               are
               proved
               by
               two
               witnesses
               of
               eminent
               quality
               ,
               that
               is
               ,
               my
               Lord
               of
               Northumberland
               ,
               and
               Sir
               
                 Henry
                 Vane
              
               :
               and
               truly
               ,
               howsoever
               my
               Lord
               in
               his
               speech
               pretends
               ,
               that
               
                 the
                 most
                 material
                 words
                 are
                 proved
                 but
                 by
                 one
                 witness
              
               (
               it
               seeming
               that
               he
               held
               it
               not
               a
               material
               charge
               ,
               that
               he
               counselled
               the
               King
               that
               he
               was
               absolved
               from
               all
               Rules
               of
               Government
               )
               for
               my
               part
               ,
               if
               your
               Lordships
               be
               satisfied
               those
               words
               were
               proved
               ,
               I
               could
               willingly
               satisfy
               my
               own
               conscience
               in
               it
               ,
               and
               make
               no
               great
               matter
               to
               quit
               the
               rest
               ;
               for
               I
               know
               not
               how
               he
               could
               express
               it
               in
               higher
               terms
               ,
               than
               that
               
                 the
                 King
                 was
                 absolved
                 from
                 all
                 rules
                 of
                 Government
                 ,
              
               for
               then
               he
               might
               do
               what
               he
               would
               .
            
             
               It
               is
               true
               ,
               the
               latter
               words
               ,
               
                 touching
                 the
                 Irish
                 Army
              
               ,
               are
               expresly
               proved
               but
               by
               one
               witness
               ,
               Mr.
               Secretary
               Vane
               ;
               but
               are
               fortified
               again
               with
               such
               circumstances
               as
               make
               up
               more
               than
               one
               ,
               yea
               ,
               more
               than
               two
               other
               witnesses
               ,
               if
               your
               Lordships
               will
               have
               the
               patience
               to
               have
               it
               represented
               ,
               as
               it
               is
               proved
               .
            
             
               For
               howsoever
               it
               be
               slighted
               by
               him
               ,
               if
               your
               Lordships
               will
               call
               to
               mind
               the
               words
               of
               Sir
               
                 George
                 Ratcliffe
                 ,
                 his
                 bosom
                 friend
              
               (
               to
               whom
               he
               had
               contributed
               without
               question
               ,
               his
               advice
               in
               all
               causes
               )
               the
               said
               Sir
               
                 George
                 Ratcliffe
              
               expressed
               it
               before
               ,
               and
               told
               some
               of
               his
               friends
               (
               supposing
               that
               he
               never
               should
               be
               called
               in
               question
               ,
               and
               that
               the
               power
               of
               my
               Lord
               of
               Strafford
               had
               been
               enough
               to
               protect
               any
               thing
               he
               had
               done
               ,
               and
               out
               of
               the
               abundance
               of
               the
               heart
               his
               mouth
               spake
               )
               
                 the
                 King
                 must
                 now
                 want
                 no
                 money
                 ;
                 if
                 he
                 did
                 ,
                 no
                 body
                 would
                 pity
                 him
                 ,
                 now
                 he
                 had
                 his
                 sword
                 in
                 his
                 hand
                 .
              
            
             
               Sir
               
                 Robert
                 King
              
               proves
               it
               so
               .
               My
               Lord
               Ranalagh
               discovered
               the
               smoak
               of
               the
               fire
               that
               he
               had
               just
               cause
               to
               suspect
               ,
               and
               on
               good
               grounds
               ,
               I
               am
               sure
               ;
               and
               if
               the
               Commons
               of
               England
               had
               not
               just
               cause
               to
               suspect
               him
               (
               as
               I
               believe
               he
               is
               convinced
               they
               had
               good
               cause
               )
               what
               is
               the
               reason
               this
               suspition
               should
               be
               entertained
               at
               that
               time
               ,
               my
               Lord
               of
               Strafford
               being
               not
               then
               questioned
               for
               it
               ?
               and
               yet
               my
               Lord
               Ranalagh
               should
               say
               ,
               
                 Shall
                 we
                 turn
                 our
                 Swords
                 upon
                 our
                 own
                 bowels
                 ?
                 Shall
                 we
                 bring
                 this
                 Army
                 to
                 turn
                 the
                 points
                 of
                 our
                 blades
                 upon
                 that
                 Nation
                 from
                 whence
                 we
                 were
                 all
                 derived
                 ?
              
               and
               that
               was
               before
               any
               conference
               with
               Mr.
               Secretary
               Vane
               .
            
             
               Sir
               
                 William
                 Penniman
              
               himself
               ,
               his
               own
               witness
               and
               friend
               ,
               says
               ,
               at
               York
               ,
               before
               my
               Lord
               of
               Strafford
               was
               questioned
               ,
               
                 that
                 there
                 was
                 a
                 common
                 fame
                 of
                 bringing
                 the
                 Army
                 into
              
               England
               ,
               and
               there
               is
               something
               in
               that
               surely
               ;
               and
               after
               all
               this
               ,
               to
               produce
               one
               witness
               that
               expresly
               proves
               the
               very
               words
               spoken
               
                 in
                 terminis
              
               ,
               as
               they
               be
               charged
               ,
               if
               your
               Lordships
               put
               the
               whole
               together
               ,
               see
               whether
               there
               be
               not
               more
               than
               one
               witness
               .
            
             
               And
               ,
               under
               favour
               ,
               my
               Lord
               Cottington
               ,
               if
               you
               call
               to
               mind
               his
               testimony
               ,
               I
               must
               justify
               ,
               he
               did
               declare
               ,
               That
               he
               heard
               my
               Lord
               of
               Strafford
               tell
               the
               King
               ,
               
                 That
                 some
                 reparation
                 was
                 to
                 be
                 made
                 to
                 the
                 Subjects
                 property
              
               ;
               which
               must
               inferre
               ,
               
                 he
                 had
                 advised
                 an
                 Invasion
                 upon
                 the
                 property
              
               ;
               else
               by
               no
               good
               
               coherence
               should
               a
               reparation
               be
               made
               .
               And
               that
               he
               testifies
               this
               ,
               I
               must
               affirm
               ,
               and
               most
               here
               will
               affirm
               it
               ;
               and
               I
               think
               your
               Lordships
               well
               remember
               it
               :
               and
               that
               is
               an
               addition
               to
               it
               ;
               for
               if
               your
               Lordships
               cast
               your
               eye
               upon
               the
               Interrogatory
               administred
               to
               my
               Lord
               Admiral
               ,
               and
               my
               Lord
               Cottington
               ,
               that
               very
               question
               is
               asked
               ;
               so
               that
               his
               own
               conscience
               told
               him
               ,
               he
               had
               advised
               somthing
               to
               invade
               upon
               the
               people
               ,
               when
               he
               advised
               to
               a
               
                 restitution
                 after
                 things
                 should
                 be
                 setled
                 :
              
               and
               so
               I
               refer
               it
               to
               your
               Lordships
               consideration
               ,
               whether
               here
               be
               not
               more
               than
               one
               witness
               by
               far
               .
            
             
               It
               is
               true
               ,
               he
               makes
               objections
               to
               lessen
               this
               testimony
               ;
               First
               ,
               That
               
                 this
                 Army
                 was
                 to
                 be
                 landed
                 at
              
               Ayre
               in
               Scotland
               ,
               
                 and
                 not
                 here
              
               ;
               and
               this
               was
               declared
               to
               Sir
               
                 Thomas
                 Lucas
              
               ,
               Mr.
               Slingsby
               ,
               Sir
               
                 William
                 Penniman
              
               ,
               and
               others
               .
               Secondly
               ,
               That
               
                 others
                 that
                 were
                 present
                 when
                 the
                 words
                 are
                 supposed
                 to
                 be
                 spoken
                 ,
                 did
                 not
                 hear
                 any
                 such
                 words
                 .
              
            
             
               For
               the
               first
               ;
               Perhaps
               the
               Army
               might
               be
               originally
               intended
               for
               Scotland
               ,
               and
               yet
               this
               is
               no
               contradiction
               ,
               but
               he
               might
               intend
               it
               afterwards
               for
               England
               ;
               surely
               this
               is
               no
               Logick
               ,
               that
               
                 because
                 it
                 was
                 intended
                 for
                 one
                 place
                 ,
                 it
                 could
                 never
                 be
                 intended
                 for
                 another
                 place
              
               ;
               so
               his
               allegation
               may
               be
               true
               ,
               and
               the
               charge
               stand
               true
               likewise
               .
            
             
               Beside
               ,
               that
               it
               was
               intended
               originally
               for
               Scotland
               ,
               what
               proof
               makes
               he
               ?
               
                 He
                 told
                 several
                 persons
                 of
                 the
                 design
                 ,
              
               but
               I
               will
               be
               tryed
               by
               himself
               ,
               he
               told
               some
               ,
               
                 it
                 was
                 for
              
               Scotland
               ,
               he
               told
               others
               
                 it
                 was
                 for
              
               England
               ;
               and
               why
               you
               should
               believe
               his
               telling
               on
               one
               side
               ,
               more
               than
               on
               the
               other
               side
               I
               know
               not
               ;
               though
               he
               pretends
               a
               reason
               of
               his
               several
               allegations
               ,
               that
               
                 the
                 world
                 should
                 not
                 know
                 his
                 design
                 ,
              
               but
               if
               you
               will
               not
               believe
               him
               one
               way
               ,
               why
               should
               he
               be
               believed
               the
               other
               way
               ?
               and
               if
               not
               the
               other
               way
               ,
               why
               the
               first
               way
               ?
            
             
               For
               the
               Second
               ,
               
                 Several
                 persons
                 were
                 present
                 ,
                 when
                 the
                 words
                 were
                 spoken
                 touching
                 the
                 Irish
                 Army
                 ,
                 and
                 they
                 were
                 examined
                 ,
                 and
                 remember
                 not
                 the
                 words
              
               ;
               but
               one
               man
               may
               hear
               ,
               though
               twenty
               do
               not
               hear
               ;
               and
               this
               is
               no
               contradiction
               at
               all
               :
               for
               those
               persons
               whom
               he
               examined
               ,
               the
               Lord
               Treasurer
               ,
               Marquis
               Hamilton
               ,
               my
               Lord
               Cottington
               did
               not
               hear
               the
               words
               that
               are
               proved
               by
               two
               witnesses
               ,
               
                 concerning
                 the
                 Kings
                 being
                 loose
                 and
                 absolved
                 from
                 rules
                 of
                 Government
                 :
              
               and
               if
               they
               did
               not
               hear
               those
               words
               ,
               no
               marvel
               they
               did
               not
               hear
               the
               other
               :
               and
               therefore
               that
               which
               he
               himself
               pretends
               to
               be
               a
               convincing
               testimony
               ,
               is
               nothing
               at
               all
               ;
               so
               that
               his
               objections
               are
               clearly
               taken
               away
               ,
               and
               the
               single
               testimony
               fortified
               with
               testimonies
               that
               make
               above
               one
               witness
               ,
               and
               so
               the
               words
               are
               fully
               proved
               .
            
             
               But
               to
               fortify
               the
               whole
               ,
               I
               shall
               handle
               all
               these
               Articles
               together
               ;
               This
               design
               to
               subvert
               the
               Law
               ,
               and
               to
               exercise
               an
               Arbitrary
               power
               above
               the
               Law
               in
               this
               Kingdom
               will
               (
               upon
               the
               proofs
               putting
               them
               altogether
               ,
               and
               not
               taking
               them
               in
               pieces
               as
               my
               Lord
               of
               Strafford
               hath
               done
               )
               appear
               to
               have
               been
               harboured
               in
               his
               thoughts
               ,
               and
               setled
               in
               his
               heart
               long
               before
               it
               was
               executed
               .
            
             
               You
               see
               what
               his
               Counsels
               were
               ,
               
                 That
                 the
                 King
                 having
                 tryed
                 the
                 affections
                 of
                 his
                 people
                 ,
                 was
                 loose
                 and
                 absolved
                 from
                 all
                 rules
                 of
                 Government
                 ,
                 and
                 might
                 do
                 every
                 thing
                 that
                 power
                 would
                 admit
                 ;
                 and
                 His
                 Majesty
                 had
                 tryed
                 all
                 ways
                 ,
                 and
                 was
                 refused
                 ,
                 and
                 should
                 be
                 acquitted
                 of
                 God
                 and
                 Man
                 ;
                 and
                 had
                 an
                 Army
                 in
              
               Ireland
               ,
               
                 wherewith
                 if
                 he
                 pleased
                 he
                 might
                 reduce
                 this
                 Kingdom
                 :
              
               so
               there
               must
               be
               a
               trial
               of
               his
               people
               ,
               for
               Supply
               that
               is
               denyed
               ,
               which
               must
               be
               interpreted
               ,
               a
               
                 Defection
                 by
                 refusal
              
               ,
               and
               this
               refusal
               must
               give
               advantage
               of
               necessity
               ,
               and
               this
               necessity
               must
               be
               an
               advantage
               to
               use
               his
               
               Prerogative
               against
               the
               rule
               of
               the
               Law
               ,
               and
               consent
               of
               the
               People
               ;
               this
               is
               his
               advice
               ,
               which
               shews
               that
               this
               very
               thing
               that
               happened
               ,
               did
               harbour
               in
               his
               thoughts
               long
               before
               the
               breach
               of
               the
               Parliament
               ,
               and
               the
               occasion
               of
               the
               Army
               .
            
             
               Your
               Lordships
               have
               heard
               it
               confessed
               by
               himself
               ,
               
                 That
                 before
                 this
                 last
                 advice
                 ,
                 he
                 had
                 advised
                 the
                 calling
                 of
                 a
                 Parliament
                 :
              
               To
               the
               Parliament
               a
               proposition
               of
               Twelve
               Subsidies
               was
               made
               for
               supply
               ,
               and
               (
               which
               may
               be
               spoken
               with
               great
               assurance
               )
               before
               they
               had
               consulted
               ,
               or
               given
               any
               resolution
               to
               that
               proposition
               ,
               the
               Parliament
               was
               dissolved
               ,
               upon
               a
               supposal
               that
               the
               Supply
               was
               denied
               .
               Now
               that
               this
               was
               pre-designed
               by
               my
               Lord
               of
               Strafford
               himself
               ,
               I
               beseech
               you
               observe
               these
               things
               following
               ,
               that
               is
               ,
               
                 The
                 words
                 in
                 the
                 Two
                 and
                 twentieth
                 Article
                 ,
                 That
                 His
                 Majesty
                 was
                 first
                 to
                 try
                 the
                 Parliament
                 ,
                 and
                 if
                 that
                 did
                 not
                 supply
                 him
                 ,
                 then
                 he
                 would
                 serve
                 the
                 King
                 any
                 other
                 way
                 .
              
            
             
               His
               words
               are
               proved
               by
               Mr.
               Treasurer
               ,
               
                 That
                 if
                 the
                 Parliament
                 supplyed
                 him
                 not
                 ,
                 he
                 would
                 serve
                 him
                 any
                 other
                 way
              
               ;
               and
               this
               is
               before
               the
               Parliament
               set
               :
               now
               if
               your
               Lordships
               hear
               the
               proofs
               of
               my
               Lord
               Primate
               ,
               (
               which
               my
               Lord
               of
               Strafford
               slights
               taking
               it
               singly
               )
               My
               Lord
               Primate
               before
               the
               Parliament
               was
               called
               ,
               when
               my
               Lord
               of
               Strafford
               was
               in
               Ireland
               ,
               and
               not
               yet
               come
               into
               this
               Kingdom
               ,
               testifies
               ,
               my
               Lords
               ,
               saying
               ,
               
                 That
                 if
                 the
                 Parliament
                 will
                 not
                 supply
                 His
                 Majesty
                 ,
                 the
                 King
                 was
                 acquitted
                 before
                 God
                 and
                 Man
                 ,
                 if
                 he
                 took
                 some
                 other
                 course
                 to
                 supply
                 himself
                 ,
                 though
                 against
                 the
                 will
                 of
                 the
                 Subjects
                 .
              
               I
               beseech
               your
               Lordships
               ,
               observe
               how
               he
               prophesies
               these
               things
               must
               come
               to
               pass
               ,
               and
               advised
               them
               accordingly
               .
            
             
               My
               Lord
               Conway
               testifies
               ,
               that
               before
               the
               Parliament
               sate
               ,
               my
               Lord
               of
               Strafford
               said
               ,
               that
               
                 if
                 the
                 Parliament
                 would
                 not
                 supply
                 His
                 Majesty
                 ,
                 the
                 King
                 was
                 acquitted
                 before
                 God
                 and
                 Man
                 ,
                 if
                 he
                 took
                 another
                 course
                 to
                 supply
                 himself
                 ,
                 though
                 it
                 were
                 against
                 the
                 will
                 of
                 the
                 Subject
                 ,
                 and
                 he
                 doubts
                 not
                 but
                 the
                 Parliament
                 would
                 give
                 ,
              
               What
               ?
               
                 Twelve
                 Subsidies
              
               :
               and
               your
               Lordships
               very
               well
               remember
               ,
               Twelve
               were
               propounded
               ;
               but
               I
               beseech
               you
               ,
               observe
               the
               coherence
               of
               all
               ;
               the
               Parliament
               must
               be
               called
               ,
               they
               must
               be
               tryed
               ,
               if
               they
               deny
               there
               is
               necessity
               ,
               and
               this
               necessity
               is
               a
               Warrant
               for
               the
               King
               to
               proceed
               ;
               so
               that
               my
               Lord
               of
               Strafford
               must
               be
               judged
               to
               be
               either
               a
               Prophet
               ,
               or
               to
               have
               this
               design
               beforehand
               in
               his
               thoughts
               .
            
             
               Now
               the
               Parliament
               being
               broken
               before
               answer
               to
               the
               Demand
               given
               ,
               he
               vents
               his
               Counsel
               in
               the
               Three
               and
               twentieth
               Article
               ,
               and
               how
               far
               it
               is
               proved
               ,
               your
               Lordships
               have
               heard
               .
               Now
               comes
               
                 the
                 Bullion
                 to
                 be
                 seized
                 ,
                 the
                 Copper-money
                 to
                 be
                 advised
                 ,
              
               and
               now
               comes
               he
               to
               tell
               the
               King
               ,
               
                 that
                 the
                 Aldermen
                 of
              
               London
               
                 must
                 be
                 put
                 to
                 Fine
                 and
                 Ransome
                 ,
                 and
                 laid
                 by
                 the
                 heels
                 ,
                 and
                 no
                 good
                 would
                 be
                 done
                 till
                 some
                 of
                 them
                 be
                 hanged
                 ,
              
               so
               you
               hear
               his
               advice
               ;
               I
               beseech
               your
               Lordships
               observe
               what
               success
               this
               advice
               took
               ;
               
                 Four
                 Aldermen
                 were
                 instantly
                 committed
              
               ,
               and
               then
               the
               Counsel
               of
               the
               Three
               and
               twentieth
               Article
               is
               fomented
               .
            
             
               First
               ,
               He
               foments
               the
               War
               ,
               then
               there
               is
               a
               necessity
               ,
               the
               defection
               of
               the
               Parliament
               must
               set
               the
               King
               
                 loose
                 from
                 rules
                 of
                 Government
              
               ,
               and
               now
               see
               whether
               the
               occasion
               of
               the
               War
               ,
               the
               calling
               of
               the
               Parliament
               ,
               the
               dissolving
               of
               it
               ,
               be
               not
               adequate
               to
               what
               he
               propounded
               to
               himself
               ,
               namely
               ,
               to
               set
               up
               an
               
                 Arbitrary
                 Government
              
               .
            
             
               Your
               Lordships
               remember
               how
               fresh
               my
               Lord
               of
               Bristols
               memory
               is
               ,
               touching
               my
               Lord
               of
               Straffords
               opinion
               upon
               the
               dissolution
               of
               the
               Parliament
               ;
               how
               he
               declared
               unto
               my
               Lord
               of
               Bristol
               instantly
               within
               three
               or
               four
               days
               after
               ,
               
                 That
                 the
                 King
                 was
                 not
                 to
                 be
                 mastered
                 by
                 the
                 frowardness
                 of
                 his
                 people
                 ,
                 or
                 rather
                 of
                 some
                 particular
                 persons
              
               ;
               and
               your
               Lordships
               
               remember
               Sir
               
                 George
                 Wentworths
              
               words
               spoken
               the
               very
               day
               of
               dissolving
               the
               Parliament
               ;
               which
               may
               be
               very
               well
               applyed
               as
               a
               concurrent
               proof
               to
               his
               intentions
               of
               bringing
               the
               Army
               into
               England
               .
               He
               was
               my
               Lords
               own
               Brother
               ,
               that
               knew
               much
               of
               his
               Counsel
               ,
               and
               his
               words
               are
               ,
               
                 That
                 the
                 English
                 Nation
                 would
                 never
                 be
                 well
                 till
                 they
                 were
                 conquered
                 over
                 again
                 .
              
               So
               my
               Lords
               ;
               put
               all
               together
               ,
               if
               he
               declared
               his
               own
               intentions
               ,
               if
               actions
               ,
               in
               executing
               this
               Tyrannical
               and
               Arbitrary
               Power
               ,
               if
               Counsels
               of
               as
               dangerous
               consequence
               ,
               in
               as
               high
               a
               strain
               as
               can
               be
               ,
               be
               not
               a
               sufficient
               Evidence
               to
               prove
               an
               intention
               ,
               and
               desire
               to
               subvert
               the
               Law
               ,
               I
               know
               not
               what
               can
               prove
               such
               an
               interpretation
               :
               and
               now
               I
               refer
               it
               to
               your
               Lordships
               judgements
               ,
               whether
               here
               be
               not
               a
               good
               proof
               of
               the
               Article
               laid
               to
               his
               chage
               ,
            
             
               My
               Lords
               ,
               in
               the
               Seven
               and
               twentieth
               Article
               ,
               he
               is
               
                 charged
                 with
                 levying
                 of
                 War
                 upon
                 the
                 Kings
                 people
                 ,
                 by
                 forcing
                 them
                 in
              
               Yorkshire
               
                 to
                 pay
                 Money
              
               ;
               to
               prove
               they
               were
               so
               forced
               ,
               you
               have
               heard
               by
               two
               witnesses
               ,
               that
               Sergeant
               Major
               Yaworth
               ,
               by
               Musquetiers
               ,
               four
               together
               in
               the
               Town
               ,
               ,
               and
               one
               by
               one
               out
               of
               the
               Town
               ,
               did
               compel
               them
               to
               pay
               the
               fortnights
               contribution
               ,
               else
               they
               were
               to
               serve
               in
               person
               :
               That
               he
               did
               this
               by
               Warrant
               is
               likewise
               confessed
               by
               Sir
               
                 William
                 Pennyman
              
               :
               and
               whether
               this
               were
               an
               authority
               derived
               from
               ,
               or
               commanded
               by
               my
               Lord
               of
               Strafford
               ,
               that
               is
               the
               question
               ;
               and
               my
               Lords
               ,
               it
               is
               plainly
               proved
               ,
               that
               it
               was
               commanded
               by
               my
               Lord
               of
               Strafford
               ,
               for
               Sir
               
                 William
                 Pennyman
              
               himself
               being
               examined
               ,
               alledged
               that
               the
               Warrant
               was
               made
               in
               pursuance
               of
               the
               relation
               ,
               and
               direction
               made
               by
               my
               Lord
               of
               Strafford
               .
            
             
               Your
               Lordships
               heard
               what
               my
               Lord
               of
               Strafford
               did
               say
               before-hand
               ,
               as
               is
               proved
               by
               two
               witnesses
               ,
               (
               Sir
               
                 William
                 Ingram
              
               and
               Mr.
               Cholmley
               )
               that
               this
               Money
               should
               be
               paid
               ,
               or
               levied
               on
               the
               Subjects
               Goods
               ;
               Then
               his
               Declaration
               to
               Sir
               
                 William
                 Pennyman
              
               ,
               (
               in
               pursuance
               of
               which
               he
               made
               his
               Warrant
               )
               That
               it
               was
               the
               assent
               of
               the
               Lords
               of
               the
               great
               Council
               ,
               that
               this
               Money
               should
               be
               levied
               ;
               and
               taking
               all
               together
               ,
               whether
               it
               fixes
               it
               not
               upon
               him
               to
               be
               the
               Author
               and
               Instrument
               ,
               it
               rests
               in
               your
               judgements
               in
               point
               of
               fact
               :
               and
               so
               I
               suppose
               the
               Seven
               and
               twentieth
               Article
               rests
               on
               him
               ,
               and
               so
               I
               shall
               conclude
               the
               Evidence
               produced
               on
               the
               behalf
               of
               the
               Commons
               .
            
             
               And
               now
               give
               me
               leave
               to
               put
               your
               Lordships
               in
               mind
               of
               some
               Evidences
               offered
               by
               my
               Lord
               Strafford
               himself
               in
               his
               Answer
               ,
               and
               in
               the
               passages
               of
               his
               Defence
               ,
               for
               his
               clearing
               and
               justification
               ,
               but
               tending
               directly
               to
               his
               condemnation
               ,
            
             
               I
               will
               enter
               upon
               some
               passages
               he
               mentioned
               to
               day
               ,
               and
               often
               before
               ;
               When
               he
               is
               charged
               with
               invading
               the
               
                 Estates
                 of
                 the
                 Peers
                 of
                 the
                 kingdom
                 of
              
               Ireland
               ,
               
                 and
                 determining
                 them
                 upon
                 Paper
                 Petitions
                 in
                 an
                 Arbitrary
                 way
                 :
              
               your
               Lordships
               have
               heard
               him
               speak
               it
               before
               ,
               and
               repeat
               it
               this
               day
               ,
               
                 That
                 he
                 did
                 it
                 out
                 of
                 compassion
                 ,
                 for
                 the
                 more
                 expeditious
                 proceeding
                 on
                 behalfe
                 of
                 the
                 poor
                 against
                 these
                 mighty
                 :
              
               But
               then
               my
               Lords
               ,
               I
               beseech
               you
               ,
               compare
               some
               other
               part
               of
               his
               proceedings
               .
               Your
               Lordships
               remember
               the
               business
               of
               the
               Flax
               ,
               which
               concerns
               the
               poor
               wholly
               and
               universally
               ;
               and
               if
               compassion
               had
               been
               the
               rule
               and
               direction
               of
               his
               actions
               towards
               the
               poor
               ,
               surely
               this
               would
               have
               been
               a
               just
               cause
               to
               have
               commiserated
               them
               in
               this
               case
               ;
               but
               he
               exercised
               his
               power
               over
               them
               ,
               and
               over
               them
               wholly
               ,
               and
               over
               them
               universally
               :
               and
               therefore
               it
               shews
               ,
               it
               is
               not
               his
               compassion
               to
               the
               poor
               ,
               nor
               respect
               to
               the
               rich
               ,
               or
               mighty
               ,
               that
               will
               any
               way
               restrain
               or
               obstruct
               
               his
               ways
               ,
               to
               his
               own
               Will.
               And
               thefore
               you
               may
               see
               what
               truth
               there
               is
               in
               his
               answer
               ,
               by
               comparing
               one
               part
               of
               the
               charge
               with
               another
               ,
               when
               the
               business
               of
               the
               Flax
               brought
               that
               calamity
               upon
               the
               Kings
               Subjects
               ,
               that
               thousands
               of
               them
               perished
               for
               lack
               of
               Bread
               ,
               and
               dyed
               in
               Ditches
               .
            
             
               Secondly
               ,
               Your
               Lordships
               have
               often
               heard
               him
               use
               a
               Rhetorical
               insinuatian
               ,
               wondring
               that
               he
               should
               be
               charged
               with
               words
               ,
               and
               they
               strained
               so
               high
               as
               to
               be
               made
               Treason
               ,
               to
               question
               his
               Life
               and
               Posterity
               ,
               though
               the
               words
               might
               be
               spoken
               unadvisedly
               ,
               or
               in
               discourse
               ,
               or
               by
               chance
               :
               Your
               Lordships
               remember
               the
               Fifth
               Article
               ,
               touching
               his
               proceedings
               against
               my
               Lord
               Mountnorris
               ,
               where
               words
               were
               spoken
               in
               an
               ordinary
               discourse
               at
               dinner
               ,
               and
               slight
               ones
               ,
               God
               knows
               ,
               of
               no
               consequence
               at
               all
               ,
               such
               as
               another
               man
               would
               scarce
               have
               harkened
               after
               ,
               and
               yet
               my
               Lord
               extends
               them
               to
               the
               taking
               away
               of
               my
               Lord
               Mountnorris
               his
               life
               ;
               gets
               a
               sentence
               of
               death
               against
               him
               ,
               and
               that
               against
               Law
               ,
               with
               a
               high
               hand
               ,
               in
               such
               a
               manner
               ,
               as
               I
               think
               your
               Lordships
               have
               not
               heard
               the
               like
               ;
               and
               therefore
               I
               beseech
               you
               ,
               compare
               one
               part
               of
               his
               Answer
               with
               another
               ,
               and
               see
               how
               ready
               he
               is
               to
               make
               use
               of
               any
               thing
               that
               may
               excuse
               himself
               ;
               and
               yet
               when
               he
               comes
               to
               act
               his
               power
               ,
               you
               see
               his
               exercise
               of
               it
               .
            
             
               You
               have
               heard
               how
               he
               magnifies
               his
               Zeal
               for
               advancing
               the
               Kings
               Benefit
               and
               Revenue
               ,
               and
               his
               care
               of
               his
               Service
               ,
               and
               would
               shelter
               and
               protect
               himself
               under
               it
               ,
               to
               justify
               an
               exorbitant
               action
               :
               but
               if
               your
               Lordships
               call
               to
               mind
               the
               business
               of
               the
               
                 Customs
                 for
                 Tobacco
              
               ,
               (
               which
               in
               truth
               were
               the
               Kings
               right
               and
               due
               ,
               and
               a
               great
               profit
               was
               thereby
               advanced
               ;
               and
               he
               trusted
               to
               advance
               it
               .
               )
               The
               King
               must
               loose
               of
               his
               former
               Rents
               in
               the
               case
               of
               Custom
               ,
               and
               received
               a
               small
               Rent
               in
               the
               case
               of
               Tobacco
               ,
               my
               Lord
               himself
               in
               the
               mean
               time
               imbursing
               such
               vast
               sums
               of
               Money
               :
               where
               is
               then
               the
               discharge
               of
               his
               Trust
               ?
               where
               is
               his
               care
               to
               advance
               the
               Kings
               Rents
               ?
               to
               increase
               his
               Revenue
               ?
               Compare
               that
               part
               of
               his
               Answer
               with
               this
               ,
               and
               see
               what
               credit
               is
               to
               be
               given
               to
               his
               affirmation
               .
            
             
               My
               Lords
               ,
               throughout
               the
               passages
               of
               his
               discourse
               he
               insinuates
               ,
               (
               and
               never
               more
               than
               this
               day
               )
               with
               the
               Peers
               of
               the
               Realm
               ,
               magnifying
               them
               almost
               to
               Idolatry
               ;
               and
               yet
               my
               Lords
               ,
               when
               he
               was
               in
               his
               Kingdom
               in
               Ireland
               ,
               and
               had
               power
               over
               them
               ,
               what
               respect
               shewed
               he
               then
               to
               the
               Peers
               of
               the
               Kingdom
               ,
               when
               he
               judged
               some
               to
               death
               ,
               trampled
               upon
               others
               in
               misery
               ,
               committed
               them
               to
               prison
               ,
               and
               seized
               on
               their
               Estates
               ;
               where
               then
               was
               the
               Peerage
               he
               now
               magnifies
               ?
            
             
               And
               to
               shew
               it
               was
               an
               insinuation
               for
               his
               own
               advantage
               ,
               you
               may
               remember
               ,
               when
               there
               was
               an
               unlawful
               Act
               to
               be
               committed
               ,
               that
               is
               ,
               the
               levying
               of
               Money
               in
               the
               North
               ,
               What
               regard
               had
               he
               then
               to
               the
               Peers
               of
               the
               Kingdom
               ,
               when
               he
               comes
               to
               justify
               and
               boulster
               up
               High
               Treason
               it self
               ,
               under
               the
               name
               and
               authority
               of
               the
               Great
               Council
               ,
               where
               most
               of
               the
               Peers
               of
               the
               Realm
               then
               were
               ?
               and
               so
               by
               this
               time
               I
               know
               what
               credit
               your
               Lordships
               give
               to
               his
               words
               spoken
               ,
               when
               he
               lies
               under
               your
               Mercy
               and
               Power
               :
               but
               what
               do
               I
               speak
               of
               the
               Peers
               of
               the
               Kingdom
               ,
               and
               his
               using
               of
               them
               ?
               My
               Lords
               ,
               he
               spared
               not
               his
               Sovereign
               ,
               His
               Majesty
               in
               His
               whole
               Defence
               ;
               for
               being
               charged
               with
               offences
               of
               a
               high
               nature
               ,
               he
               justifies
               those
               offences
               under
               the
               pretence
               ,
               and
               under
               the
               authority
               of
               His
               Majesty
               ,
               our
               Gracious
               King
               and
               Sovereign
               ,
               even
               Murther
               it self
               ,
               in
               the
               Case
               of
               Denwit
               ,
               and
               my
               Lord
               
               Mountnorris
               .
               Treason
               it self
               in
               the
               Fifteenth
               Article
               by
               a
               Command
               in
               Ireland
               ,
               and
               in
               the
               Seven
               and
               twentieth
               ,
               by
               a
               pretended
               authority
               from
               His
               Majesty
               in
               the
               face
               of
               His
               People
               ;
               he
               justifies
               my
               Lord
               Mountnorris
               his
               sentence
               by
               a
               Letter
               from
               His
               Majesty
               ,
               Denwits
               Sentence
               by
               a
               Commission
               from
               His
               Majesty
               ,
               and
               he
               read
               three
               or
               four
               clauses
               to
               that
               purpose
               .
            
             
               My
               Lords
               ,
               my
               Lord
               of
               Strafford
               doth
               very
               well
               know
               (
               and
               if
               he
               doth
               not
               know
               it
               ,
               I
               have
               a
               Witness
               to
               produce
               against
               him
               ,
               which
               I
               will
               not
               examine
               ,
               but
               refer
               it
               to
               his
               own
               Conscience
               ,
               that
               is
               ,
               
                 The
                 Petition
                 of
                 Right
              
               )
               that
               
                 the
                 Kings
                 Servants
                 are
                 to
                 serve
                 him
                 according
                 to
                 Law
                 and
                 no
                 otherwise
                 :
              
               he
               very
               well
               knew
               if
               an
               unlawful
               act
               be
               committed
               ,
               especially
               to
               a
               degree
               of
               Treason
               and
               Murder
               ,
               the
               Kings
               Authority
               and
               Warrant
               produced
               ,
               is
               no
               justification
               at
               all
               .
               So
               then
               ,
               my
               Lords
               ,
               to
               mention
               the
               Kings
               name
               ,
               to
               justify
               an
               unlawful
               act
               in
               that
               way
               ,
               can
               do
               him
               no
               good
               ;
               and
               his
               own
               understanding
               knows
               ,
               it
               may
               do
               the
               King
               harm
               ,
               if
               we
               had
               not
               so
               Gracious
               a
               King
               ,
               that
               no
               such
               thing
               can
               do
               harm
               unto
               .
            
             
               But
               ,
               my
               Lords
               ,
               to
               produce
               the
               Kings
               Warrant
               to
               justify
               his
               actions
               under
               his
               Patent
               and
               Command
               ,
               what
               is
               it
               else
               ,
               but
               so
               far
               as
               in
               him
               lies
               ,
               in
               the
               face
               of
               his
               people
               ,
               to
               raise
               a
               cloud
               ,
               and
               exhale
               a
               vapour
               ?
               To
               interpose
               betwixt
               the
               King
               and
               his
               Subjects
               whereby
               the
               splendor
               of
               his
               Glory
               and
               Justice
               cannot
               be
               discovered
               to
               his
               people
               ?
            
             
               My
               Lords
               ,
               what
               is
               it
               else
               ,
               when
               the
               people
               make
               complaint
               against
               the
               Ministers
               (
               that
               should
               execute
               justice
               )
               of
               their
               oppression
               and
               slavery
               ,
               and
               bondage
               ?
               For
               the
               Minister
               ,
               when
               he
               is
               questioned
               to
               justify
               this
               under
               the
               Kings
               Authority
               ,
               what
               is
               it
               ,
               I
               say
               ,
               but
               as
               much
               as
               in
               that
               Minister
               lies
               ,
               to
               fix
               this
               offence
               ,
               to
               fasten
               this
               oppression
               upon
               the
               King
               himself
               ,
               to
               make
               it
               to
               be
               believed
               ,
               that
               the
               occasion
               of
               these
               their
               groans
               proceeded
               from
               His
               Sacred
               Majesty
               ?
               yet
               God
               be
               thanked
               the
               strength
               of
               that
               Sun
               is
               powerful
               enough
               to
               dispel
               these
               vapours
               ,
               and
               to
               disperse
               the
               cloud
               that
               he
               would
               have
               raised
               ;
               but
               in
               the
               mean
               time
               ,
               my
               Lord
               is
               nothing
               to
               be
               excused
               .
            
             
               My
               Lords
               ,
               he
               may
               pretend
               zeal
               to
               the
               Kings
               Service
               ,
               and
               affection
               to
               His
               Honor
               ,
               but
               give
               me
               leave
               not
               to
               believe
               it
               ,
               since
               ,
               when
               he
               is
               questioned
               by
               all
               the
               Kings
               people
               ,
               and
               in
               the
               face
               of
               his
               people
               ,
               and
               offences
               laid
               to
               his
               charge
               ,
               which
               himself
               now
               confesses
               to
               be
               against
               Law
               ;
               he
               should
               justify
               it
               under
               the
               Kings
               authority
               ;
               that
               savours
               not
               of
               a
               good
               servant
               :
               I
               will
               say
               no
               more
               .
            
             
               My
               Lords
               ,
               he
               is
               charged
               with
               exercising
               a
               tyrannical
               power
               over
               the
               Kings
               people
               ,
               and
               in
               his
               Defence
               your
               Lordships
               have
               often
               heard
               (
               and
               I
               may
               not
               omit
               it
               )
               that
               he
               shelters
               himself
               under
               the
               protection
               of
               the
               Kings
               Prerogative
               ,
               though
               he
               be
               charged
               with
               Tyranny
               of
               the
               highest
               nature
               that
               may
               be
               :
               see
               then
               how
               foul
               and
               malignant
               an
               aspect
               this
               hath
               .
               My
               Lords
               ,
               what
               is
               it
               else
               ,
               but
               to
               endeavour
               ,
               as
               much
               as
               in
               him
               lies
               ,
               to
               infuse
               into
               the
               Kings
               heart
               an
               apprehension
               ,
               that
               His
               Prerogative
               is
               so
               bottomless
               a
               Gulf
               ,
               so
               unlimited
               a
               Power
               ,
               as
               is
               not
               to
               be
               comprehended
               within
               the
               rules
               of
               Law
               ,
               or
               within
               the
               bounds
               of
               Government
               ?
               for
               else
               why
               should
               he
               mention
               the
               Prerogative
               ,
               when
               he
               is
               charged
               to
               exceed
               the
               Law
               ?
               What
               is
               it
               else
               ,
               but
               as
               far
               as
               in
               him
               lies
               ,
               to
               make
               the
               people
               believe
               (
               for
               I
               may
               not
               forget
               the
               words
               he
               hath
               used
               )
               
                 by
                 his
                 magnifying
                 of
                 the
                 Prerogative
                 ,
                 that
                 it
                 hath
                 a
                 special
                 stamp
                 of
                 Divinity
                 on
                 it
              
               ;
               and
               that
               the
               other
               part
               of
               the
               Government
               that
               God
               
               pleases
               to
               put
               into
               the
               Kings
               hands
               ,
               had
               not
               that
               stamp
               upon
               it
               ?
               as
               if
               any
               thing
               done
               by
               one
               ,
               was
               to
               be
               justified
               by
               authority
               derived
               from
               Heaven
               ,
               but
               the
               other
               not
               .
            
             
               These
               expressions
               your
               Lordships
               remember
               ;
               and
               I
               may
               not
               omit
               to
               put
               your
               Lordships
               in
               mind
               of
               them
               ;
               and
               I
               can
               expound
               them
               no
               otherwise
               than
               ,
               as
               much
               as
               in
               him
               lies
               ,
               to
               make
               the
               subject
               believe
               and
               apprehend
               ,
               that
               which
               is
               the
               buckler
               and
               defence
               of
               his
               protection
               ,
               to
               be
               the
               two-edged
               sword
               of
               his
               destruction
               ,
               according
               to
               the
               Doctrine
               he
               Preached
               ;
               and
               that
               that
               which
               is
               the
               Sanctuary
               of
               their
               Liberty
               ,
               is
               the
               snare
               and
               engine
               of
               their
               slavery
               .
               And
               thus
               he
               hath
               cast
               a
               bone
               of
               contention
               ,
               as
               much
               as
               in
               him
               lay
               ,
               betwixt
               King
               and
               People
               ,
               to
               make
               the
               Subjects
               loath
               that
               glorious
               Flower
               of
               his
               Crown
               ,
               by
               fixing
               a
               jealousie
               in
               them
               ,
               that
               it
               may
               be
               a
               means
               of
               their
               bondage
               and
               slavery
               .
            
             
               But
               there
               is
               so
               much
               Piety
               and
               Goodness
               in
               the
               Kings
               heart
               ,
               that
               I
               hope
               ,
               upon
               fair
               understanding
               ,
               there
               will
               be
               no
               such
               occasion
               ;
               but
               no
               thanks
               to
               the
               party
               ,
               that
               so
               much
               advanced
               the
               Prerogative
               in
               the
               case
               and
               condition
               he
               stands
               in
               ,
               to
               justify
               that
               which
               is
               laid
               to
               his
               Charge
               of
               High
               Treason
               .
            
             
               My
               Lords
               ,
               I
               beseech
               you
               give
               me
               leave
               ;
               there
               is
               no
               greater
               safety
               to
               Kings
               and
               People
               ,
               than
               to
               have
               the
               Throne
               incircled
               with
               good
               Counsellors
               ;
               and
               no
               greater
               danger
               to
               both
               ,
               than
               to
               have
               it
               encompassed
               with
               wicked
               and
               dangerous
               ones
               ;
               and
               yet
               I
               beseech
               you
               call
               to
               mind
               ,
               how
               he
               hath
               attempted
               to
               deprive
               the
               Subject
               of
               all
               means
               to
               discover
               this
               danger
               ,
               by
               insinuating
               to
               your
               Lordships
               ,
               
                 what
                 a
                 dangerous
                 thing
                 it
                 were
                 ,
                 if
                 Counsellors
                 should
                 be
                 called
                 in
                 question
                 for
                 giving
                 of
                 Counsel
                 :
                 for
                 who
                 then
              
               (
               saith
               he
               )
               
                 would
                 be
                 a
                 Counsellor
                 ?
                 where
                 is
                 your
                 safeguard
                 ?
                 where
                 is
                 the
                 Kings
                 service
                 ?
              
               Is
               not
               this
               ,
               as
               much
               as
               in
               him
               lies
               ,
               to
               deprive
               the
               people
               of
               the
               means
               whereby
               they
               must
               make
               themselves
               happy
               ,
               and
               whereby
               the
               King
               must
               be
               happy
               ,
               that
               is
               ,
               by
               his
               having
               good
               Counsellors
               about
               him
               ?
               and
               yet
               he
               infuses
               that
               venom
               ,
               that
               
                 the
                 questioning
                 of
                 Counsellors
                 is
                 dangerous
                 both
                 to
                 King
                 and
                 Peers
                 ,
                 if
                 it
                 should
                 be
                 brought
                 into
                 example
                 .
              
               My
               Lords
               ,
               for
               many
               years
               by-past
               ,
               your
               Lordships
               know
               an
               evil
               spirit
               hath
               moved
               amongst
               us
               ,
               which
               in
               truth
               hath
               been
               made
               the
               Author
               and
               ground
               of
               all
               our
               distractions
               ,
               and
               that
               is
               necessity
               and
               danger
               :
               this
               was
               the
               bulwarke
               ,
               and
               the
               battery
               that
               serves
               to
               defend
               all
               exorbitant
               actions
               ;
               the
               ground
               and
               foundation
               of
               that
               great
               invasion
               of
               our
               Liberties
               and
               Estates
               ,
               the
               judgement
               in
               the
               Ship-money
               ,
               and
               the
               ground
               of
               the
               Counsel
               given
               of
               late
               to
               do
               any
               thing
               ,
               and
               to
               perswade
               the
               King
               ,
               
                 that
                 he
                 was
                 absolved
                 from
                 all
                 rules
                 of
                 Government
              
               ;
               and
               yet
               your
               Lordships
               have
               observed
               in
               the
               course
               of
               his
               defence
               ,
               how
               often
               he
               hath
               
                 raised
                 this
                 spirit
                 ,
                 that
                 God
                 be
                 thanked
                 hath
                 been
                 laid
                 ,
              
               to
               the
               great
               comfort
               of
               King
               and
               Kingdom
               ,
               by
               your
               Lordships
               ,
               and
               all
               the
               Commons
               in
               Parliament
               .
               And
               when
               he
               stands
               under
               this
               question
               ,
               and
               goes
               about
               to
               justify
               his
               exorbitant
               actions
               ,
               how
               often
               hath
               he
               created
               this
               Idol
               again
               ?
               and
               therefore
               I
               am
               afraid
               he
               discovers
               too
               much
               his
               own
               heart
               in
               it
               .
            
             
               My
               Lords
               ,
               I
               may
               not
               omit
               some
               other
               passages
               in
               his
               Defence
               ,
               
                 How
                 he
                 hath
                 cast
                 scandals
                 upon
                 three
                 Nations
                 in
                 this
                 place
              
               ;
               that
               is
               ,
               in
               his
               first
               day
               of
               Defence
               ,
               when
               the
               Irish
               Remonstrance
               ,
               made
               by
               all
               the
               Commons
               of
               Ireland
               ,
               was
               produced
               by
               the
               Commons
               of
               England
               ;
               he
               expressed
               in
               a
               passion
               ,
               
                 that
                 things
                 were
                 carried
                 against
                 him
                 by
                 faction
                 and
                 correspondence
                 ,
                 and
                 (
                 if
                 he
                 had
                 time
                 he
                 would
                 make
                 it
                 appear
                 )
                 with
                 a
              
               
               
                 strong
                 conspiracy
              
               .
               Here
               is
               a
               scandal
               cast
               upon
               the
               Parliament
               of
               Ireland
               ,
               with
               a
               reflection
               on
               the
               Commons
               of
               England
               ;
               howsoever
               ,
               it
               is
               true
               ,
               your
               Lordships
               may
               remember
               the
               recantation
               he
               made
               that
               day
               ,
               which
               I
               will
               not
               omit
               ,
               desiring
               not
               to
               lay
               any
               thing
               to
               his
               charge
               but
               what
               is
               true
               ;
               but
               it
               is
               the
               reflection
               of
               a
               scandal
               that
               I
               cannot
               omit
               to
               put
               your
               Lordships
               in
               mind
               of
               ;
               and
               the
               rather
               ,
               because
               this
               Remonstrance
               ,
               presented
               from
               the
               Parliament
               of
               Ireland
               ,
               did
               bear
               date
               before
               my
               Lord
               of
               Strafford
               was
               charged
               here
               ,
               which
               is
               very
               remarkable
               ,
               viz.
               the
               7th
               of
               November
               ;
               and
               therefore
               ,
               though
               he
               pretends
               a
               correspondence
               ,
               certainly
               there
               could
               be
               none
               then
               ,
               for
               he
               is
               not
               charged
               here
               till
               the
               Tenth
               .
            
             
               And
               the
               same
               day
               ,
               justifying
               a
               Sentence
               in
               the
               Castle-Chamber
               ,
               your
               Lordships
               remember
               he
               affirmed
               ,
               that
               
                 unless
                 a
                 strict
                 hand
                 were
                 kept
                 upon
                 the
                 Nation
                 there
                 ,
                 they
                 would
                 find
                 it
                 hard
                 to
                 prevent
                 perjury
                 ,
                 one
                 of
                 the
                 most
                 crying
                 sins
                 in
              
               Ireland
               .
               Now
               to
               lay
               an
               aspersion
               upon
               the
               Subjects
               of
               Ireland
               ,
               being
               under
               the
               Government
               of
               the
               same
               King
               with
               us
               ,
               how
               fit
               this
               is
               to
               be
               done
               by
               a
               man
               in
               that
               condition
               that
               my
               Lord
               of
               Strafford
               is
               ,
               I
               referr
               to
               your
               consideration
               .
            
             
               Another
               passage
               I
               remember
               ,
               whereby
               in
               his
               Defence
               he
               fell
               upon
               that
               Nation
               ;
               in
               answer
               of
               which
               ,
               I
               may
               not
               omit
               to
               do
               the
               service
               I
               owe
               to
               the
               Commons
               ,
               for
               whom
               I
               am
               trusted
               ,
               and
               that
               is
               ,
               that
               talking
               of
               an
               Arbitrary
               and
               Tyrannical
               Government
               ,
               in
               reference
               to
               some
               Orders
               of
               the
               Commons-House
               in
               Ireland
               ,
               he
               used
               words
               to
               this
               purpose
               :
               
                 You
                 talk
                 of
                 an
                 Arbitrary
                 Government
                 ,
                 look
                 upon
                 these
                 Orders
                 ,
                 here
                 is
                 an
                 Arbitrary
                 Government
                 :
              
               and
               yet
               when
               he
               produced
               the
               Orders
               ,
               they
               appeared
               to
               have
               so
               much
               justice
               and
               discretion
               in
               them
               ,
               that
               he
               can
               lay
               nothing
               to
               the
               charge
               of
               them
               ,
               though
               in
               a
               passion
               he
               is
               not
               backward
               to
               asperse
               them
               .
            
             
               My
               Lords
               ,
               If
               this
               Lyon
               (
               to
               use
               his
               own
               language
               )
               now
               that
               he
               is
               chained
               and
               muzled
               ,
               under
               the
               restraint
               and
               question
               of
               High
               Treason
               ,
               will
               here
               take
               the
               boldness
               to
               vent
               this
               Language
               ,
               and
               express
               this
               Malignity
               ;
               How
               would
               he
               doe
               if
               he
               were
               unchained
               ?
               How
               would
               he
               devour
               ?
               How
               would
               he
               destroy
               ?
               &c.
               
            
             
               My
               Lords
               ,
               Something
               concerns
               your
               Lordships
               ;
               your
               Lordships
               remember
               ,
               that
               he
               was
               not
               backward
               in
               his
               own
               answer
               ,
               to
               
                 fix
                 a
                 Charge
                 of
                 High
                 Treason
                 upon
                 the
                 Lords
                 of
                 the
                 Great
                 Council
              
               ;
               and
               howsoever
               he
               hath
               affirmed
               this
               day
               ,
               I
               must
               open
               it
               again
               ,
               That
               the
               Charge
               of
               the
               Seven
               and
               twentieth
               Article
               he
               fixes
               in
               his
               Answer
               ,
               to
               be
               
                 by
                 consent
                 of
                 the
                 Lords
                 of
                 the
                 Great
                 Council
                 ,
              
               though
               he
               hath
               since
               recanted
               it
               ;
               and
               yet
               you
               have
               heard
               him
               alledge
               ,
               that
               he
               will
               stand
               and
               fall
               by
               the
               truth
               of
               his
               answer
               .
            
             
               My
               Lords
               ,
               I
               am
               now
               at
               an
               end
               .
               You
               have
               my
               Lord
               of
               Strafford
               here
               questioned
               for
               High
               Treason
               ,
               for
               going
               about
               to
               subvert
               the
               Fundamental
               Laws
               of
               both
               Kingdoms
               ,
               in
               defence
               whereof
               ,
               your
               noble
               Ancestors
               spent
               their
               Lives
               and
               Bloods
               .
               My
               Lords
               ,
               you
               are
               the
               Sons
               of
               those
               Fathers
               ,
               and
               the
               same
               Blood
               runs
               in
               your
               veins
               ,
               that
               did
               in
               theirs
               ;
               and
               I
               am
               confident
               you
               will
               not
               think
               him
               fit
               to
               live
               ,
               that
               goes
               about
               to
               destroy
               that
               which
               protects
               your
               Lives
               ,
               and
               preserves
               your
               Estates
               and
               Liberties
               .
            
             
               My
               Lords
               ,
               You
               have
               the
               complaints
               of
               Three
               Kingdoms
               presented
               before
               you
               against
               this
               great
               person
               ;
               whereby
               your
               Lordships
               perceive
               
               that
               a
               great
               storm
               of
               distemper
               and
               distraction
               hath
               been
               raised
               ,
               that
               threatens
               the
               ruine
               and
               distraction
               of
               them
               all
               .
            
             
               The
               Commons
               with
               much
               pain
               and
               diligence
               ,
               and
               to
               their
               great
               expence
               ,
               have
               discovered
               the
               Ionas
               ,
               that
               is
               ,
               the
               occasion
               of
               this
               Tempest
               .
            
             
               They
               have
               still
               ,
               and
               will
               discharge
               their
               Consciences
               ,
               (
               as
               much
               as
               in
               them
               lies
               )
               to
               cast
               him
               out
               of
               the
               Ship
               ,
               and
               allay
               this
               Tempest
               .
            
             
               They
               expect
               ,
               and
               are
               confident
               your
               Lordships
               will
               perfect
               the
               work
               ,
               and
               that
               with
               expedition
               ,
               lest
               with
               the
               continuance
               of
               the
               storm
               ,
               both
               Ship
               ,
               and
               Tackling
               ,
               and
               Mariners
               ,
               both
               Church
               ,
               and
               Common-wealth
               be
               ruined
               and
               destroyed
               .
            
          
        
         
           
           
             Saturday
             ,
             May
             1.
             1640.
             
          
           
             The
             King
             came
             to
             the
             House
             of
             Lords
             ,
             and
             sent
             for
             the
             Commons
             thither
             ,
             and
             made
             this
             Speech
             to
             both
             Houses
             .
          
           
             
               
                 
                   
                     I
                     Had
                     not
                     any
                     intention
                     to
                     speak
                     of
                     this
                     business
                     ,
                     which
                     causes
                     me
                     to
                     come
                     here
                     to
                     day
                     ,
                     which
                     is
                     the
                     great
                     Impeachment
                     of
                     the
                     Earl
                     of
                     Strafford
                     ;
                     But
                     now
                     it
                     comes
                     to
                     pass
                     ,
                     that
                     of
                     necessity
                     I
                     must
                     have
                     part
                     in
                     that
                     Judgment
                     :
                     I
                     am
                     sure
                     you
                     all
                     know
                     that
                     I
                     have
                     been
                     present
                     at
                     the
                     Hearing
                     of
                     this
                     great
                     business
                     ,
                     from
                     the
                     one
                     end
                     to
                     the
                     other
                     ;
                     that
                     which
                     I
                     have
                     to
                     declare
                     unto
                     you
                     is
                     shortly
                     this
                     .
                  
                   
                     
                       THAT
                       in
                       my
                       Conscience
                       I
                       cannot
                       condemn
                       him
                       of
                       High
                       Treason
                       ,
                       It
                       is
                       not
                       fit
                       for
                       me
                       to
                       argue
                       the
                       business
                       ,
                       I
                       am
                       sure
                       you
                       will
                       not
                       expect
                       it
                       .
                       A
                       Positive
                       Doctrine
                       best
                       comes
                       out
                       of
                       the
                       mouth
                       of
                       a
                       Prince
                       ;
                       Yet
                       I
                       must
                       tell
                       you
                       Three
                       great
                       Truths
                       ,
                       which
                       I
                       am
                       sure
                       no
                       body
                       can
                       know
                       so
                       well
                       as
                       my self
                       .
                    
                     1.
                     
                     
                       That
                       I
                       never
                       had
                       any
                       intention
                       of
                       bringing
                       over
                       the
                       Irish
                       Army
                       into
                    
                     England
                     ,
                     
                       nor
                       ever
                       was
                       advised
                       by
                       any
                       body
                       so
                       to
                       do
                       .
                    
                     2.
                     
                     
                       There
                       never
                       was
                       any
                       Debate
                       before
                       me
                       ,
                       neither
                       in
                       publique
                       Council
                       ,
                       nor
                       at
                       private
                       Committee
                       ,
                       of
                       the
                       Disloyalty
                       ,
                       and
                       Disaffection
                       of
                       my
                       English
                       Subjects
                       ,
                       nor
                       ever
                       had
                       I
                       any
                       suspition
                       of
                       them
                       .
                    
                     3.
                     
                     
                       I
                       was
                       never
                       Counsell'd
                       by
                       any
                       ,
                       to
                       alter
                       the
                       least
                       of
                       any
                       of
                       the
                       Laws
                       of
                    
                     England
                     ,
                     
                       much
                       less
                       to
                       alter
                       all
                       the
                       Laws
                       ;
                       Nay
                       ,
                       I
                       must
                       tell
                       you
                       this
                       ,
                       I
                       think
                       no
                       body
                       durst
                       be
                       ever
                       so
                       impudent
                       to
                       move
                       me
                       in
                       it
                       ,
                       for
                       if
                       they
                       had
                       ,
                       I
                       should
                       have
                       put
                       a
                       Mark
                       upon
                       them
                       ,
                       and
                       made
                       them
                       such
                       an
                       example
                       ,
                       that
                       all
                       Posterity
                       should
                       know
                       my
                       intention
                       by
                       it
                       ;
                       for
                       my
                       intention
                       was
                       ever
                       to
                       Govern
                       according
                       to
                       the
                       Law
                       ,
                       and
                       no
                       otherwise
                       .
                    
                  
                   
                     
                       I
                       desire
                       to
                       be
                       rightly
                       understood
                       ,
                       I
                       told
                       you
                       in
                       my
                       Conscience
                       I
                       cannot
                       Condemn
                       him
                       of
                       High
                       Treason
                       ;
                       yet
                       I
                       cannot
                       say
                       I
                       can
                       clear
                       him
                       of
                       misdemeanor
                       :
                       Therefore
                       I
                       hope
                       that
                       you
                       may
                       find
                       a
                       way
                       ,
                       for
                       to
                       satisfy
                       justice
                       and
                       your
                       own
                       fears
                       ,
                       and
                       not
                       to
                       press
                       upon
                       my
                       Conscience
                       .
                       My
                       Lords
                       ,
                       I
                       hope
                       you
                       know
                       what
                       a
                       tender
                       thing
                       Conscience
                       is
                       .
                       Yet
                       I
                       must
                       declare
                       unto
                       you
                       ,
                       that
                       to
                       satisfy
                       my
                       People
                       I
                       would
                       do
                       great
                       matters
                       .
                       But
                       in
                       this
                       of
                       Conscience
                       ,
                       no
                       fear
                       ,
                       no
                       respect
                       whatsoever
                       ,
                       shall
                       ever
                       make
                       me
                       go
                       against
                       it
                       .
                       Certainly
                       ,
                       I
                       have
                       not
                       so
                       ill
                       deserved
                       of
                       the
                       Parliament
                       at
                       this
                       time
                       ,
                       that
                       they
                       should
                       press
                       me
                       in
                       this
                       tender
                       point
                       ,
                       and
                       therefore
                       I
                       cannot
                       expect
                       ,
                       that
                       you
                       will
                       go
                       about
                       it
                       .
                    
                  
                   
                     
                       Nay
                       ,
                       I
                       must
                       confess
                       for
                       matter
                       of
                       misdemeanor
                       ,
                       I
                       am
                       so
                       clear
                       in
                       that
                       ,
                       that
                       though
                       I
                       will
                       not
                       chaulk
                       out
                       the
                       way
                       ,
                       yet
                       let
                       me
                       tell
                       you
                       ,
                       that
                       I
                       do
                       think
                       my
                       Lord
                       of
                    
                     Strafford
                     ,
                     
                       is
                       not
                       fit
                       hereafter
                       to
                       serve
                       me
                       or
                       the
                       Common-wealth
                       in
                       any
                       place
                       of
                       Trust
                       ,
                       no
                       not
                       so
                       much
                       as
                       to
                       be
                       a
                       High-Constable
                       :
                       Therefore
                       I
                       leave
                       it
                       to
                       you
                       my
                       Lords
                       ,
                       to
                       find
                       some
                       such
                       way
                       as
                       to
                       bring
                       me
                       out
                       of
                       this
                       great
                       streight
                       ,
                       and
                       keep
                       your Selves
                       and
                       the
                       Kingdom
                       from
                       such
                       Inconveniences
                       .
                       Certainly
                       ,
                       he
                       that
                       thinks
                       him
                       guilty
                       of
                       High
                       Treason
                       in
                       his
                       Conscience
                       ,
                       may
                       Condemn
                       him
                       of
                       Misdemeanor
                       .
                    
                  
                
              
            
          
           
           
             The
             House
             of
             Commons
             as
             soon
             a
             they
             returned
             ,
             seemed
             to
             be
             much
             
             discontented
             with
             what
             the
             King
             had
             spoken
             ,
             and
             immediately
             Adjourned
             till
             Monday
             following
             ,
             on
             which
             day
             being
             the
             Third
             of
             May
             Mr.
             Pim
             makes
             known
             to
             the
             House
             ,
             that
             there
             are
             divers
             Informations
             given
             of
             desperate
             Designs
             ,
             both
             at
             home
             and
             abroad
             ,
             against
             the
             Parliament
             and
             the
             Peace
             of
             the
             Nation
             ,
             and
             that
             the
             persons
             engaged
             in
             it
             ,
             are
             under
             an
             oath
             of
             Secresie
             ,
             that
             there
             is
             an
             endeavour
             to
             disaffect
             the
             Army
             ,
             not
             only
             against
             the
             proceedings
             of
             the
             Parliament
             ,
             but
             to
             bring
             them
             up
             against
             
             the
             Parliament
             :
             That
             there
             is
             a
             design
             upon
             the
             Tower
             ,
             that
             there
             is
             an
             endeavour
             for
             the
             Earl
             of
             Strafford
             to
             escape
             ;
             That
             those
             Combinations
             at
             home
             ,
             have
             a
             Correspondency
             with
             practises
             abroad
             ;
             and
             that
             the
             French
             are
             drawing
             down
             their
             Forces
             in
             all
             hast
             to
             the
             Sea-side
             ,
             and
             that
             there
             is
             cause
             to
             fear
             their
             intent
             is
             upon
             Portsmouth
             ;
             That
             divers
             persons
             of
             Eminency
             about
             the
             King
             (
             as
             by
             good
             Information
             appears
             )
             are
             deeply
             ingaged
             in
             the
             Plot
             :
             That
             it
             is
             necessary
             the
             Ports
             be
             stopt
             ;
             and
             that
             His
             Majesty
             be
             desired
             to
             Command
             ,
             that
             no
             person
             attending
             upon
             the
             King
             ,
             Queen
             ,
             or
             Prince
             ,
             do
             depart
             without
             leave
             of
             His
             Majesty
             ,
             with
             the
             humble
             Advice
             of
             His
             Parliament
             .
          
           
             The
             Commons
             hereupon
             fell
             into
             serious
             debate
             of
             this
             matter
             ,
             and
             the
             
             same
             day
             came
             to
             a
             Resolution
             of
             taking
             a
             Protestation
             ,
             which
             was
             accordingly
             taken
             by
             the
             Speaker
             ,
             and
             about
             300
             Members
             then
             present
             ,
             Man
             by
             Man.
             
          
           
             
               
                 
                   
                     
                       WE
                       the
                       Knights
                       ,
                       Citizens
                       ,
                       and
                       Burgesses
                       of
                       the
                       Commons-House
                       in
                       
                       Parliament
                       ,
                       finding
                       to
                       the
                       grief
                       of
                       our
                       hearts
                       ,
                       that
                       the
                       Designs
                       of
                       the
                       Priests
                       and
                       Jesuits
                       ,
                       and
                       other
                       Adherents
                       to
                       the
                       See
                       of
                       Rome
                       ,
                       have
                       of
                       late
                       been
                       more
                       boldly
                       and
                       frequently
                       put
                       in
                       practise
                       than
                       formerly
                       ,
                       to
                       the
                       undermining
                       and
                       danger
                       of
                       the
                       true
                       Reformed
                       Protestant
                       Religion
                       ,
                       in
                       His
                       Majesties
                       Dominions
                       established
                       :
                       And
                       finding
                       also
                       ,
                       that
                       there
                       hath
                       been
                       ,
                       and
                       having
                       just
                       cause
                       to
                       suspect
                       there
                       still
                       are
                       ,
                       even
                       during
                       the
                       Sitting
                       in
                       Parliament
                       ,
                       endeavours
                       to
                       subvert
                       the
                       Fundamental
                       Laws
                       of
                       England
                       and
                       Ireland
                       ,
                       and
                       to
                       introduce
                       the
                       exercise
                       of
                       an
                       Arbitrary
                       and
                       Tyrannical
                       Government
                       ,
                       by
                       most
                       pernicious
                       and
                       wicked
                       Counsels
                       ,
                       Practises
                       ,
                       Plots
                       ,
                       and
                       Conspiracies
                       ;
                       and
                       that
                       the
                       long
                       intermission
                       ,
                       and
                       unhappier
                       breach
                       of
                       Parliaments
                       ,
                       hath
                       occasioned
                       many
                       illegal
                       Taxations
                       ,
                       whereby
                       the
                       Subjects
                       have
                       been
                       prosecuted
                       and
                       grieved
                       .
                       And
                       that
                       divers
                       Innovations
                       and
                       Superstitions
                       have
                       been
                       brought
                       into
                       the
                       Church
                       ,
                       Multitudes
                       driven
                       out
                       of
                       His
                       Majesties
                       Dominions
                       ,
                       Jealousies
                       raised
                       ,
                       and
                       fomented
                       between
                       the
                       King
                       and
                       his
                       people
                       :
                       A
                       Popish
                       Army
                       levied
                       in
                       Ireland
                       ,
                       and
                       two
                       Armies
                       brought
                       into
                       the
                       Bowels
                       of
                       this
                       Kingdom
                       ,
                       to
                       the
                       hazard
                       of
                       His
                       Majesties
                       Royal
                       Person
                       ,
                       the
                       Consumption
                       of
                       the
                       Revenue
                       of
                       the
                       Crown
                       ,
                       and
                       the
                       Treasure
                       of
                       this
                       Realm
                       .
                       And
                       lastly
                       ,
                       finding
                       the
                       great
                       causes
                       of
                       jealousie
                       ,
                       that
                       endeavours
                       have
                       been
                       ,
                       and
                       are
                       used
                       ,
                       to
                       bring
                       the
                       English
                       Army
                       into
                       a
                       misunderstanding
                       of
                       this
                       Parliament
                       ,
                       thereby
                       to
                       encline
                       that
                       Army
                       by
                       force
                       to
                       bring
                       that
                       Army
                       to
                       pass
                       those
                       wicked
                       Counsels
                       ;
                       have
                       therefore
                       thought
                       good
                       to
                       joyn
                       our Selves
                       in
                       a
                       Declaration
                       of
                       our
                       united
                       affections
                       and
                       Resolutions
                       ,
                       and
                       to
                       make
                       this
                       ensuing
                       Protestation
                       .
                    
                  
                   
                     
                     
                       The
                       Protestation
                       .
                    
                     
                       I
                       A.
                       B.
                       
                         Doe
                         in
                         the
                         presence
                         of
                         God
                         Promise
                         ,
                         Vow
                         ,
                         and
                         Protest
                         ,
                         to
                         maintain
                         and
                         Defend
                         ,
                         as
                         far
                         as
                         lawfully
                         I
                         may
                         with
                         my
                         Life
                         ,
                         Power
                         ,
                         and
                         Estate
                         ,
                         the
                         true
                         Reformed
                         Protestant
                         Religion
                         ,
                         expressed
                         in
                         the
                         Doctrine
                         of
                         the
                         Church
                         of
                      
                       England
                       ,
                       
                         against
                         all
                         Popery
                         ,
                         and
                         Popish
                         Innovation
                         within
                         this
                         Realm
                         ,
                         contrary
                         to
                         the
                         said
                         Doctrine
                         ,
                         and
                         according
                         to
                         the
                         Duty
                         of
                         my
                         Allegiance
                         ,
                         I
                         will
                         Maintain
                         and
                         Defend
                         His
                         Majesties
                         Royal
                         Person
                         ,
                         and
                         Estate
                         .
                      
                    
                     
                       
                         As
                         also
                         the
                         Power
                         and
                         Priviledge
                         of
                         Parliaments
                         ,
                         the
                         lawful
                         Rights
                         and
                         Liberties
                         of
                         the
                         Subjects
                         ;
                         And
                         every
                         Person
                         that
                         shall
                         make
                         this
                         Protestation
                         ,
                         in
                         whatsoever
                         he
                         shall
                         do
                         ,
                         in
                         the
                         lawful
                         pursuance
                         of
                         the
                         same
                         ;
                         And
                         to
                         my
                         power
                         ,
                         as
                         far
                         as
                         lawfully
                         I
                         may
                         ,
                         I
                         will
                         oppose
                         ,
                         and
                         by
                         all
                         good
                         ways
                         and
                         means
                         endeavour
                         ,
                         to
                         bring
                         to
                         condigne
                         punishment
                         all
                         such
                         as
                         shall
                         by
                         Force
                         ,
                         Practise
                         ,
                         Counsels
                         ,
                         Plots
                         ,
                         Conspiracies
                         ,
                         or
                         otherwise
                         do
                         any
                         thing
                         to
                         the
                         contrary
                         in
                         this
                         prsent
                         Protestation
                         contained
                         .
                         And
                         further
                         ,
                         That
                         I
                         shall
                         in
                         all
                         Iust
                         and
                         Honourable
                         ways
                         endeavours
                         to
                         preserve
                         the
                         Union
                         and
                         Peace
                         betwixt
                         the
                         Three
                         Kingdoms
                         of
                      
                       England
                       ,
                       Scotland
                       ,
                       and
                       Ireland
                       ,
                       
                         and
                         neither
                         for
                         Hope
                         ,
                         Fear
                         ,
                         or
                         any
                         other
                         Respects
                         ,
                         shall
                         relinquish
                         this
                         Promise
                         ,
                         Vow
                         ,
                         and
                         Protestation
                         .
                      
                    
                  
                
              
            
          
           
             This
             Protestation
             was
             read
             by
             Mr.
             Mainard
             .
             Here
             followeth
             the
             Names
             of
             the
             Members
             of
             the
             House
             of
             Commons
             ,
             who
             took
             the
             same
             ,
             May
             3.
             1640.
             viz.
             
          
           
             
               WIll
               .
               Lenthal
               ,
               
                 
                   Esq
                
                 Speak
              
               .
            
             
               Edward
               Hide
               .
            
             
               George
               L.
               Digby
               .
            
             
               Lord
               Faulkland
               .
            
             
               Sir
               Iohn
               Culpepper
               .
            
             
               Iohn
               Selden
               .
            
             
               Orlando
               Bridgeman
               .
            
             
               Sir
               William
               Pennyman
               .
            
             
               Sir
               Henry
               Herbert
               .
            
             
               Sir
               Tho.
               Fanshaw
               .
            
             
               Sir
               William
               Widdrington
               .
            
             
               Sir
               Fredreick
               Cornwallis
               .
            
             
               Robert
               Holborne
               ,
               
                 Esq
              
            
             
               Tho.
               Chicheley
               ,
               
                 Esq
              
            
             
               Sir
               George
               Wentworth
               .
            
             
               William
               Mallory
               ,
               
                 Esq
              
            
             
               Io.
               Bellasis
               ,
               
                 Esq
              
            
             
               Sir
               Guy
               Palmes
               .
            
             
               Edm.
               Waller
               ,
               
                 Esq
              
            
             
               Sidney
               Godolphin
               ,
               Esq
               :
            
             
               Sir
               Nich.
               Slany
               .
            
             
               Sir
               Hen.
               Slingsby
               .
            
             
               Tho
               Iermin
               ,
               
                 Esq
              
            
             
               Sir
               Tho.
               Peyton
               .
            
             
               Sir
               Philip
               Musgrave
               .
            
             
               Sir
               Patricius
               Curwin
               .
            
             
               Sir
               Iohn
               Stowel
               .
            
             
               Sir
               Iohn
               Strangwayes
               .
            
             
               Sir
               Iohn
               Paulet
               .
            
             
               Sir
               Rich.
               Wynn.
               
            
             
               Tho.
               Tomkins
               ,
               
                 Esq
              
            
             
               Arthur
               Capel
               ,
               
                 Esq
              
            
             
               Iames
               L.
               Compton
               .
            
             
               Sir
               Ralph
               Hopton
               .
            
             
               Geofrey
               Palmer
               ,
               
                 Esq
              
            
             
               Io.
               Vaughan
               ,
               
                 Esq
              
            
             
               Edw.
               Montague
               ,
               
                 Esq
              
            
             
               Geo.
               Montague
               ,
               
                 Esq
              
            
             
               Will.
               Plydell
               ,
               
                 Esq
              
            
             
               Sir
               Iohn
               Paulet
               .
            
             
               Charles
               Price
               ,
               
                 Esq
              
            
             
               Herbert
               Price
               ,
               
                 Esq
              
            
             
               Sir
               Ralph
               Sidenham
               .
            
             
               Fitzwilliam
               Cognisby
               ,
               
                 Esq
              
            
             
               Baptist
               Noel
               ,
               
                 Esq
              
            
             
               Sir
               Roger
               Palmer
               .
            
             
               Iohn
               Coventry
               ,
               
                 Esq
              
            
             
               Edw.
               Seymor
               ,
               
                 Esq
              
            
             
               Sir
               Arthur
               Ingram
               .
            
             
               Sir
               Tho.
               Ingram
               .
            
             
               
               Sir
               Edw.
               Verney
               .
            
             
               Sir
               Ralph
               Verney
               .
            
             
               Eranics
               Newport
               ,
               
                 Esq
              
            
             
               Ben.
               Weston
               ,
               
                 Esq
              
            
             
               Lord
               Mansfield
               .
            
             
               Sir
               William
               Carnaby
               .
            
             
               Sir
               Nicholas
               Slaning
               .
            
             
               Io.
               Craven
               ,
               
                 Esq
              
            
             
               William
               Constantine
               ,
               
                 Esq
              
            
             
               Sir
               Edw.
               Deering
               .
            
             
               Sir
               Geo.
               Dalston
               .
            
             
               Sir
               Tho.
               Bowyer
               .
            
             
               Io.
               Hamden
               ,
               
                 Esq
              
            
             
               Henry
               Pelham
               ,
               
                 Esq
              
            
             
               Sir
               Tho.
               Widdrington
               .
            
             
               Sir
               Henry
               Herbert
               .
            
             
               Sir
               Edw.
               Bainton
               .
            
             
               Iames
               Cambel
               ,
               
                 Esq
              
            
             
               Sir
               Tho.
               Heale
               .
            
             
               Sir
               Henry
               Anderson
               .
            
             
               Sir
               Harbottle
               Grimston
               :
            
             
               Sir
               Robert
               Pye
               ,
               Senior
               .
            
             
               Ferd.
               L.
               Fairfax
               .
            
             
               Sir
               Henry
               Mildmay
               .
            
             
               Sir
               William
               Armyn
               .
            
             
               Sir
               Roger
               North.
               
            
             
               Sir
               Walter
               Deaveraux
               .
            
             
               Tho.
               Hatcher
               ,
               
                 Esq
              
            
             
               Sir
               Chr.
               Yelverton
               .
            
             
               William
               L.
               Russel
               .
            
             
               Sir
               Philip
               Stapleton
               .
            
             
               Sir
               Henry
               Cholmly
               .
            
             
               Sir
               Iohn
               Hotham
               .
            
             
               Iohn
               Pym
               ,
               
                 Esq
              
            
             
               Sir
               Ben.
               Rudyard
               .
            
             
               Herbert
               ,
               
                 Esq
              
            
             
               Digby
               ,
               
                 Esq
              
            
             
               Sir
               Gilbert
               Gerrard
               .
            
             
               Lord
               Ruthen
               .
            
             
               Sir
               Nevil
               Pool
               .
            
             
               Denzil
               Hollis
               ,
               
                 Esq
              
            
             
               Iohn
               Maynard
               ,
               
                 Esq
              
            
             
               Sir
               Robert
               Harly
               ,
            
             
               Iohn
               Glyn
               ,
               
                 Esq
              
            
             
               Sir
               Tho.
               Barrington
               .
            
             
               William
               Stroud
               ,
               
                 Esq
              
            
             
               Nathan
               .
               Fines
               
                 Esq
              
            
             
               Henry
               Martin
               ,
               
                 Esq
              
            
             
               Iohn
               Bodvil
               ,
               
                 Esq
              
            
             
               Sir
               Fran.
               Knoles
               .
            
             
               Rich.
               Shettleworth
               ,
               
                 Esq
              
            
             
               Iohn
               Moor
               ,
               
                 Esq
              
            
             
               Sir
               Simon
               D'Ewes
               .
            
             
               Sir
               Iohn
               Wray
               .
            
             
               Sir
               Chr.
               Wray
               .
            
             
               Sir
               Martin
               Lomly
               .
            
             
               Herbert
               Morly
               ,
               
                 Esq
              
            
             
               Tho.
               L.
               Grey
               ,
            
             
               Rog.
               Burgoine
               ,
               
                 Esq
              
            
             
               Sir
               Edw.
               Hungerford
               .
            
             
               Sir
               Iohn
               Curson
               .
            
             
               Will.
               Perepoint
               ,
               
                 Esq
              
            
             
               Iohn
               Marstal
               ,
               
                 Esq
              
            
             
               Hugh
               Owen
               ,
               
                 Esq
              
            
             
               Norton
               Knatchbold
               ,
               
                 Esq
              
            
             
               Sir
               Ed.
               Hales
               .
            
             
               Sir
               Ed.
               Master
               —
            
             
               Iohn
               Cowcher
               ,
               
                 Esq
              
            
             
               Sir
               William
               Strickland
               .
            
             
               Sir
               Edw.
               Boys
               .
            
             
               Sir
               Tho.
               Walsingham
               .
            
             
               Sir
               Peter
               Wrath.
               
            
             
               Tho.
               Maleveror
               ,
               
                 Esq
              
            
             
               Edw.
               Bainton
               ,
               
                 Esq
              
            
             
               Oliver
               Cromwel
               ,
               
                 Esq
              
            
             
               Sir
               Gilbert
               Pickering
               .
            
             
               Will.
               Whittaker
               ,
               
                 Esq
              
            
             
               Mich.
               Oldsworth
               ,
               
                 Esq
              
            
             
               Sir
               Iohn
               Harrison
               .
            
             
               Sir
               Hugh
               Cholmley
               .
            
             
               Isaack
               Penington
               ,
               
                 Esq
              
            
             
               George
               Peard
               ,
               
                 Esq
              
            
             
               Sir
               Io.
               Howard
               .
            
             
               Henry
               Vaughan
               ,
               
                 Esq
              
            
             
               Ed.
               Kirton
               ,
               
                 Esq
              
            
             
               Ed.
               Bagshaw
               ,
               
                 Esq
              
            
             
               Sir
               Walter
               Smith
               .
            
             
               Rich.
               Harding
               ,
               
                 Esq
              
            
             
               Bulstred
               Whitlock
               ,
               
                 Esq
              
            
             
               Will.
               Price
               ,
               
                 Esq
              
            
             
               Henry
               Lucas
               ,
               
                 Esq
              
            
             
               Gilbert
               Willington
               ,
               
                 Esq
              
            
             
               Sir
               Tho.
               Huchinson
               .
            
             
               Sir
               Will.
               Morly
               .
            
             
               Sir
               Henry
               Bellingham
               .
            
             
               Sir
               Iohn
               Frankland
               .
            
             
               Sir
               Iohn
               Clotworthy
               .
            
             
               Sir
               Edw.
               Munford
               .
            
             
               Will.
               Kage
               ,
               
                 Esq
              
            
             
               Iohn
               Northcot
               ,
               
                 Esq
              
            
             
               Sir
               Tho.
               Middleton
               .
            
             
               Sir
               Iohn
               Salisbury
               .
            
             
               Sir
               Ro.
               Nappier
               .
            
             
               Tho.
               Lower
               ,
               
                 Esq
              
            
             
               Fran.
               Gerrard
               ,
               
                 Esq
              
            
             
               Perigrin
               Pelham
               ,
               
                 Esq
              
            
             
               
               Tho.
               Fountain
               ,
               
                 Esq
              
            
             
               Hen.
               Vernon
               ,
               
                 Esq
              
            
             
               Lord
               Lisle
               .
            
             
               Ed.
               Dawx
               ,
               
                 Esq
              
            
             
               Ro.
               Scowen
               ,
               
                 Esq
              
            
             
               Sir
               Dudly
               North.
               
            
             
               Lawrance
               Whitaker
               ,
               
                 Esq
              
            
             
               Sir
               Humphry
               Tufton
               .
            
             
               Henry
               Heyman
               ,
               
                 Esq
              
            
             
               Tho.
               Hiblethwait
               ,
               
                 Esq
              
            
             
               Arthur
               Iones
               ,
               
                 Esq
              
            
             
               Will.
               Bell
               ,
               
                 Esq
              
            
             
               Io.
               Harvy
               ,
               
                 Esq
              
            
             
               Io.
               Ash
               ,
               
                 Esq
              
            
             
               Geo.
               Gallop
               ,
               
                 Esq
              
            
             
               Io.
               Nash
               ,
               
                 Esq
              
            
             
               Edw.
               Ash
               ,
               
                 Esq
              
            
             
               Rich.
               Seaburn
               ,
               
                 Esq
              
            
             
               Cornelius
               Holland
               ,
               
                 Esq
              
            
             
               Edm.
               Dunch
               ,
               
                 Esq
              
            
             
               Rich.
               Barwis
               ,
               
                 Esq
              
            
             
               Humph.
               Hook.
               
                 Esq
              
            
             
               Ro.
               Trelawny
               ,
               
                 Esq
              
            
             
               Rich.
               Weston
               ,
               
                 Esq
              
            
             
               Iohn
               Goodwin
               ,
               
                 Esq
              
            
             
               Nath.
               Stephen
               ,
               
                 Esq
              
            
             
               Io.
               White
               ,
               
                 Esq
              
            
             
               Sir
               Ed.
               Griffin
               .
            
             
               Rich.
               Albrough
               ,
               
                 Esq
              
            
             
               Dr.
               Sam.
               Turner
               .
            
             
               Ral.
               Snead
               ,
               
                 Esq
              
            
             
               Ed.
               Patridge
               ,
               
                 Esq
              
            
             
               Sir
               Peter
               Temple
               .
            
             
               Poynings
               Moore
               ,
               
                 Esq
              
            
             
               Sir
               Will.
               Lewis
               .
            
             
               Peter
               Venebles
               ,
               
                 Esq
              
            
             
               Hen.
               Killagrew
               ,
               
                 Esq
              
            
             
               Iohn
               Harris
               ,
               
                 Esq
              
            
             
               Io.
               Moston
               ,
               
                 Esq
              
            
             
               Peter
               Leigh
               ,
               
                 Esq
              
            
             
               Dr.
               Tho.
               Eaden
               .
            
             
               Will.
               Glanvil
               ,
               
                 Esq
              
            
             
               Arthur
               Goodwin
               ,
               
                 Esq
              
            
             
               Edw.
               Owner
               ,
               
                 Esq
              
            
             
               Tho.
               Toll
               ,
               
                 Esq
              
            
             
               Iohn
               Polwhil
               ,
               
                 Esq
              
            
             
               Simon
               Thelwal
               ,
               
                 Esq
              
            
             
               Oliv.
               St.
               Iohn
               
                 Regis
                 Sol.
              
               
            
             
               Sir
               Will.
               Allynson
               .
            
             
               Io.
               Crew
               .
            
             
               Rich.
               Catelin
               ,
               
                 Esq
              
            
             
               Ro.
               Goodwy
               ,
               
                 Esq
              
            
             
               Io.
               Blakeston
               ,
               
                 Esq
              
            
             
               Sir
               Will.
               Brereton
               .
            
             
               Miles
               Corbet
               ,
               
                 Esq
              
            
             
               Phil.
               Smith
               ,
               
                 Esq
              
            
             
               Sir
               Rich.
               Vivion
               .
            
             
               —
               Ravenscroft
               ,
               
                 Esq
              
            
             
               Sir
               Tho.
               Middleton
               .
            
             
               Rich.
               Kingsly
               ,
               
                 Esq
              
            
             
               Ralph
               Ashton
               ,
               
                 Esq
              
            
             
               Will.
               Fitzwilliams
               ,
               
                 Esq
              
            
             
               Henry
               Bellasis
               ,
               
                 Esq
              
            
             
               Sir
               Edw.
               Ascue
               .
            
             
               Sir
               Edm.
               Fowel
               .
            
             
               Sir
               Io.
               Price
            
             
               Rich.
               Boyle
               ,
               Lord
               Dungarven
               .
            
             
               Edw.
               Pool
               ,
               
                 Esq
              
            
             
               Roger
               Hill
               ,
               
                 Esq
              
            
             
               Sir
               Io.
               Eveling
               .
            
             
               Edw.
               Prideaux
               ,
               
                 Esq
              
            
             
               Giles
               Green
               ,
               
                 Esq
              
            
             
               Dennis
               Bond
               ,
               
                 Esq
              
            
             
               Roger
               Mathews
               ,
               
                 Esq
              
            
             
               Zouch
               Pate
               ,
               
                 Esq
              
            
             
               Io.
               White
               ,
               
                 Esq
              
            
             
               Rich.
               Moore
               ,
               
                 Esq
              
            
             
               Rich.
               Reeves
               ,
               
                 Esq
              
            
             
               Tho.
               Pewry
               ,
               
                 Esq
              
            
             
               Will.
               Pewrifoy
               ,
               
                 Esq
              
            
             
               Will.
               Spurs●ow
               ,
               
                 Esq
              
            
             
               Simon
               Snow
               ,
               
                 Esq
              
            
             
               Rich.
               Ferris
               ,
               
                 Esq
              
            
             
               Ed.
               Thomas
               ,
               
                 Esq
              
            
             
               Serj.
               Wild.
               
            
             
               Humphrey
               Salway
               ,
               
                 Esq
              
            
             
               Tho.
               Leeds
               ,
               
                 Esq
              
            
             
               Will.
               Harrison
               ,
               
                 Esq
              
            
             
               Gervis
               Clifton
               .
            
             
               Will.
               Herbert
               ,
               
                 Esq
              
            
             
               Iohn
               Woogan
               ,
               
                 Esq
              
            
             
               Henry
               Brett
               ,
               
                 Esq
              
            
             
               Iohn
               Trevanion
               ,
               
                 Esq
              
            
             
               Walter
               Lloyd
               ,
               
                 Esq
              
            
             
               Sir
               Rich.
               Leigh
               .
            
             
               Sir
               Tho.
               Ingram
               .
            
             
               Sir
               Ro.
               Crane
               .
            
             
               Iohn
               Upton
               ,
               
                 Esq
              
            
             
               Iohn
               Arundel
               ,
               
                 Esq
              
            
             
               Iona.
               Rashly
               ,
               
                 Esq
              
            
             
               Rich.
               Arundel
               ,
               
                 Esq
              
            
             
               Iohn
               Woddon
               ,
               
                 Esq
              
            
             
               Iohn
               Pearsival
               ,
               
                 Esq
              
            
             
               Sir
               Will.
               Portman
               .
            
             
               
               Theobald
               Gorge
               ,
               
                 Esq
              
            
             
               Tho.
               Smith
               ,
               
                 Esq
              
            
             
               Sir
               Martin
               Lister
               .
            
             
               Sir
               Tho
               Che●k
               .
            
             
               Tho.
               Hayle
               ,
               
                 Esq
              
            
             
               Anthony
               Beding
               field
               ,
               
                 Esq
              
            
             
               Sir
               Tho
               Smith
               .
            
             
               Ralph
               Ashton
               ,
               
                 Esq
              
            
             
               Iohn
               Potts
               ,
               
                 Esq
              
            
             
               Francis
               Rowse
               ,
               
                 Esq
              
            
             
               Pierce
               Edcomb
               ,
               
                 Esq
              
            
             
               Sir
               Walter
               Earl.
               
            
             
               Sir
               Will.
               Masham
               .
            
             
               Iohn
               Gourdon
               ,
               
                 Esq
              
            
             
               Iohn
               Role
               
                 Esq
              
            
             
               Tho.
               Arundel
               ,
               
                 Esq
              
            
             
               Ioseph
               Iane
               ,
               
                 Esq
              
            
             
               Sir
               Philip
               Parker
               .
            
             
               Arthur
               Ains●ow
               ,
               
                 Esq
              
            
             
               Geo.
               Hartnal
               
                 Esq
              
            
             
               Edw.
               Wingate
               ,
               
                 Esq
              
            
             
               Robert
               Sicil
               
                 Esq
              
            
             
               Sir
               William
               Litton
               .
            
             
               Sir
               Iohn
               Iennings
               .
            
             
               Sir
               Oliv
               Luke
               .
            
             
               Sir
               An.
               Nichols
               .
            
             
               Iohn
               Broxam
               ,
               
                 Esq
              
            
             
               Iohn
               Allured
               ,
               
                 Esq
              
            
             
               Geo.
               Buller
               ,
               
                 Esq
              
            
             
               Iames
               Fines
               ,
               
                 Esq
              
            
             
               Nich.
               Weston
               ,
               
                 Esq
              
            
             
               Sir
               Beauchamp
               St.
               Iohn
               .
            
             
               Sir
               Richard
               Ans●ow
               .
            
             
               Sir
               Io.
               Corbet
               .
            
             
               Sir
               Alex.
               Denton
               .
            
             
               Sir
               Io.
               Parker
               .
            
             
               Sir
               Ro.
               Parkhurst
               .
            
             
               Sir
               Ambrose
               Brown.
               
            
             
               Sir
               Sam.
               Owfield
               .
            
             
               Sir
               Rich.
               Buller
               .
            
             
               Alex.
               Carew
               ,
               
                 Esq
              
            
             
               Sir
               Nath.
               Barnadiston
               .
            
             
               Sir
               Harvy
               Baggott
               .
            
             
               Simon
               Norton
               ,
               
                 Esq
              
            
             
               Samson
               Evers
               ,
               
                 Serj.
                 at
                 Law.
              
               
            
             
               Philip
               Sidney
               ,
               Lord
               Lisle
               .
            
             
               Iohn
               Alford
               ,
               
                 Esq
              
            
             
               Sir
               Ch.
               Williams
               .
            
             
               Rich.
               Herbert
               ,
               
                 Esq
              
            
             
               Sir
               Edw.
               Alford
               .
            
             
               Sir
               William
               Plaitor
               .
            
             
               Francis
               Gamull
               ,
               
                 Esq
              
            
             
               Sir
               Ioh.
               Stepney
               .
            
             
               Sir
               Io.
               Brook.
               
            
             
               Io.
               Fenwick
               ,
               
                 Esq
              
            
             
               Will.
               Chadwell
               .
               ,
               
                 Esq
              
            
             
               Alex.
               Lutterell
               ,
               
                 Esq
              
            
             
               Io.
               Burlace
               ,
               
                 Esq
              
            
             
               Sir
               Io.
               Cook.
               
            
             
               Tho.
               Cook
               ,
               
                 Esq
              
            
             
               Tho.
               May
               ,
               
                 Esq
              
            
             
               Sir
               Richard
               Lewison
               .
            
             
               Iohn
               Griffith
               ,
               
                 Esq
              
            
             
               Matthew
               Davis
               ,
               
                 Esq
              
            
             
               Iohn
               Fettiplace
               ,
               
                 Esq
              
            
             
               Geo.
               Loe
               ,
               
                 Esq
              
            
             
               Rich.
               Edgcomb
               ,
               
                 Esq
              
            
             
               Sir
               Ed.
               Redny
               .
            
             
               Sir
               Arth.
               Ha●welrig
               .
            
             
               Sir
               Fran.
               Barnham
               .
            
             
               Sir
               Tho.
               Gervis
               .
            
             
               Ro.
               Wallop
               ,
               
                 Esq
              
            
             
               Iames
               Rivers
               ,
               
                 Esq
              
            
             
               Will.
               Haveningham
               ,
               
                 Esq
              
            
             
               Will.
               Cawly
               ,
               
                 Esq
              
            
             
               Iohn
               Button
               ,
               
                 Esq
              
            
             
               Tho.
               Gervis
               
                 Esq
              
            
             
               Sir
               Hen.
               Worsly
               .
            
             
               Hen.
               Darly
               ,
               
                 Esq
              
            
             
               Valentine
               Walton
               ,
               
                 Esq
              
            
             
               Sam.
               Vassal
               ,
               
                 Esq
              
            
             
               Hen.
               Campion
               ,
               
                 Esq
              
            
             
               Io.
               Merrick
               ,
               
                 Esq
              
            
             
               Herbert
               Price
               ,
               
                 Esq
              
            
             
               Tho.
               Earle
               ,
               
                 Esq
              
            
             
               Will.
               Marlet
               ,
               
                 Esq
              
            
             
               Will.
               Drake
               ,
               
                 Esq
              
            
             
               Sir
               Ed.
               Littleton
               .
            
             
               Sir
               And.
               Ludlow
               .
            
             
               Rich.
               Harman
               ,
               
                 Esq
              
            
             
               Rich.
               Shettleworth
               ,
               
                 Esq
              
            
             
               Sir
               Iohn
               Draidon
               .
            
             
               Will.
               Ellis
               ,
               
                 Esq
              
            
             
               Will.
               Thomas
               ,
               
                 Esq
              
            
             
               Io.
               Pine
               ,
               
                 Esq
              
            
             
               Will.
               Iepson
               ,
               
                 Esq
              
            
             
               Iohn
               Hotham
               ,
               
                 Esq
              
            
             
               Tho.
               Hodges
               ,
               
                 Esq
              
            
             
               Tho.
               Moore
               ,
               
                 Esq
              
            
             
               Godfrey
               Boswell
               ,
               
                 Esq
              
            
             
               Antho.
               Staply
               ,
               
                 Esq
              
            
             
               Io.
               Moyle
               ,
               
                 Esq
              
            
             
               Will.
               Hay
               ,
               
                 Esq
              
            
             
               Ferdinando
               Stanhop
               ,
               
                 Esq
              
            
             
               Harbottle
               Grimston
               ,
               
                 Esq
              
            
             
               Iohn
               Craven
               ,
               
                 Esq
              
            
             
               
               Rob-Crooke
               ,
               
                 Esq
              
            
             
               Edw.
               Philips
               ,
               
                 Esq
              
            
             
               Rob.
               Reynolds
               ,
               
                 Esq
              
            
             
               Sir
               Tho.
               Pelham
               .
            
             
               Ben.
               Valentine
               ,
               
                 Esq
              
            
             
               Sir
               Tho.
               Fanshaw
               .
            
             
               Matthew
               Cradock
               ,
               
                 Esq
              
            
             
               —
               Lloyd
               ,
               
                 Esq
              
            
             
               Sir
               Will.
               Dalson
               .
            
             
               Sir
               Tho.
               Woodhouse
               ,
            
             
               Francis
               Godolphin
               ,
               
                 Esq
              
            
             
               Framlingham
               Gaudy
               ,
               
                 Esq
              
            
             
               Anthony
               Irby
               ,
               
                 Esq
              
            
             
               Lord
               Wenman
               .
            
             
               Iohn
               Lowry
               ,
               
                 Esq
              
            
             
               Sir
               Tho.
               Danby
               .
            
             
               Iohn
               Eveling
               ,
               
                 Esq
              
            
             
               —
               Long
               ,
               
                 Esq
              
            
             
               George
               Parry
               ,
               
                 Esq
              
            
             
               Will.
               Morgan
               ,
               
                 Esq
              
            
             
               Walter
               Kirk
               ,
               
                 Esq
              
            
             
               Sir
               Tho.
               Parker
               .
            
             
               —
               Grantham
               ,
               
                 Esq
              
            
             
               —
               Tailor
               ,
               
                 Esq
              
            
             
               Iohn
               Trenchard
               ,
               
                 Esq
              
            
             
               Rob.
               Sutton
               ,
               
                 Esq
              
            
             
               Iohn
               Whistler
               ,
               
                 Esq
              
            
             
               An.
               Hungerford
               ,
               
                 Esq
              
            
             
               Tho.
               Eversfield
               ,
               
                 Esq
              
            
             
               George
               Searl
               ,
               
                 Esq
              
            
             
               Cha.
               Baldwin
               ,
               
                 Esq
              
            
             
               Rich.
               Whitehead
               ,
               
                 Esq
              
            
             
               Gerrard
               Napier
               ,
               
                 Esq
              
            
             
               Hen.
               Garton
               ,
               
                 Esq
              
            
             
               Mich.
               Noble
               .
               ,
               
                 Esq
              
            
             
               Serjeant
               Creswel
               .
            
             
               Sir
               Iohn
               Holland
               .
            
             
               Sir
               Will.
               Ogle
               .
            
             
               Sir
               Charles
               Gross
               .
            
             
               Sir
               Geo.
               Stonehouse
               .
            
             
               Ro.
               Hurst
               ,
               
                 Esq
              
            
             
               Will.
               Basset
               ,
               
                 Esq
              
            
             
               Ralph
               Godwin
               ,
               
                 Esq
              
            
             
               Ro.
               Nichols
               ,
               
                 Esq
              
            
             
               Sir
               Er.
               Knowles
               .
            
             
               Nathan
               .
               Hollow
               ,
               
                 Esq
              
            
             
               Ambros
               Mannaton
               ,
               
                 Esq
              
            
             
               Ro.
               Walker
               ,
               
                 Esq
              
            
             
               Sir
               Rich.
               Brown.
               
            
          
           
             A
             Message
             was
             immediately
             sent
             to
             the
             Lords
             to
             acquaint
             them
             ,
             that
             
             the
             Commons
             had
             just
             cause
             and
             ground
             to
             suspect
             ,
             that
             there
             hath
             been
             ,
             and
             still
             is
             a
             secret
             practise
             ,
             to
             discontent
             the
             Army
             with
             the
             proceedings
             of
             the
             Parliament
             ,
             to
             ingage
             them
             in
             some
             design
             of
             dangerous
             consequence
             to
             the
             State
             ,
             and
             by
             some
             mischievous
             ways
             ,
             to
             prevent
             the
             happy
             success
             and
             conclusion
             of
             this
             Assembly
             ,
             and
             to
             desire
             their
             Lordships
             ,
             that
             a
             Select
             Committee
             might
             be
             appointed
             to
             take
             the
             Examinations
             upon
             Oath
             ,
             concerning
             this
             desperate
             Plot
             and
             Design
             ,
             in
             the
             presence
             
             of
             some
             of
             the
             Commons
             ,
             and
             to
             move
             His
             Majesty
             in
             the
             name
             of
             the
             Parliament
             ,
             that
             upon
             this
             great
             and
             weighty
             occasion
             ,
             no
             Servant
             of
             His
             Majesty
             ,
             the
             Queen
             ,
             or
             Prince
             ,
             may
             depart
             the
             Kingdom
             without
             leave
             of
             his
             Majesty
             ,
             with
             the
             Advice
             of
             His
             Parliament
             ,
             until
             they
             appear
             and
             be
             examined
             .
             And
             the
             Commons
             immediately
             agreed
             upon
             a
             Letter
             to
             the
             Army
             ,
             and
             sent
             it
             away
             by
             an
             Express
             ,
             to
             assure
             them
             of
             the
             care
             the
             Parliament
             took
             ,
             to
             provide
             Moneys
             for
             them
             ,
             and
             did
             not
             doubt
             but
             the
             Army
             will
             give
             a
             fair
             testimony
             of
             their
             affections
             to
             the
             Parliament
             ,
             notwithstanding
             the
             evil
             deportments
             of
             some
             persons
             ,
             who
             have
             endeavoured
             to
             discontent
             them
             .
          
           
             At
             the
             same
             time
             the
             Commons
             passed
             several
             Resolves
             ,
             in
             order
             to
             the
             security
             of
             the
             Nation
             ,
             
               viz.
               That
               strict
               enquiry
               be
               made
               what
               Papists
               ,
               Priests
               ,
               and
               Iesuits
               ,
               be
               now
               about
               the
               Town
               ;
               That
               the
            
             1500
             
               Barrels
               of
               Powder
               going
               to
            
             Portsmouth
             
               may
               be
               stayed
               .
               That
               the
               Forces
               in
            
             Wiltshire
             and
             Hampshire
             
               be
               drawn
               towards
               Portsmouth
               .
               And
               the
               Forces
               in
            
             Kent
             and
             Sussex
             towards
             Dover
             :
             
               And
               they
               did
               declare
               ,
               that
               whosoever
               should
               give
               Counsel
               or
               Assistance
               ,
               or
               joyn
               any
               manner
               of
               way
               ,
               to
               bring
               any
               Forreign
               Force
               into
               the
               Kingdom
               ,
               unless
               it
               be
               by
               Command
               from
               His
               Majesty
               ,
               with
               consent
               of
               both
               Houses
               of
               Parliament
               ,
               shall
               be
               adjudged
               and
               reputed
               as
               publique
               Enemies
               to
               the
               King
               and
               Kingdoms
               .
            
          
           
           
             These
             Resolves
             the
             Commons
             made
             known
             to
             the
             Lords
             for
             their
             concurrence
             ,
             
             and
             also
             desired
             them
             to
             move
             His
             Majesty
             for
             the
             stop
             of
             the
             Ports
             ;
             and
             that
             the
             Lord
             Admiral
             should
             place
             such
             Trusty
             Commanders
             in
             the
             Ships
             ,
             for
             the
             security
             of
             the
             Nation
             ,
             as
             they
             could
             confide
             in
             ;
             in
             all
             which
             ,
             the
             Lords
             did
             most
             readily
             concur
             .
          
           
             The
             Commons
             did
             further
             communicate
             unto
             the
             Lords
             ,
             the
             Protestation
             which
             they
             had
             taken
             in
             their
             house
             ,
             desiring
             the
             Lords
             it
             might
             also
             be
             taken
             by
             every
             Member
             of
             their
             House
             :
             It
             was
             sent
             to
             the
             House
             of
             Lords
             by
             Mr.
             Hollis
             ,
             who
             at
             the
             delivery
             thereof
             ,
             did
             (
             amongst
             other
             passages
             )
             express
             himself
             to
             this
             effect
             ;
          
           
             MY
             LORDS
             ,
          
           
             
               THe
               Knights
               ,
               Citizens
               ,
               and
               Burgesses
               of
               the
               House
               of
               Commons
               ,
               having
               
               taken
               into
               their
               serious
               Consideration
               ,
               the
               present
               State
               and
               Condition
               of
               this
               Kingdom
               ;
               they
               find
               it
               surrounded
               with
               variety
               of
               pernicious
               ,
               and
               destructive
               Designs
               ,
               Practises
               and
               Plots
               against
               the
               well
               being
               of
               it
               ,
               Nay
               ,
               the
               very
               Being
               of
               it
               ,
               and
               some
               of
               those
               designs
               hatched
               within
               our
               own
               Bowels
               ,
               and
               Viper-like
               ,
               working
               our
               own
               destruction
               .
            
          
           
             
               They
               find
               Jesuits
               and
               Priests
               conspiring
               with
               ill
               Ministers
               of
               State
               ,
               to
               destroy
               our
               Religion
               ;
               they
               find
               ill
               Ministers
               conjoyned
               together
               ,
               to
               subvert
               the
               Laws
               and
               Liberties
               ;
               they
               find
               obstructions
               of
               Justice
               (
               which
               is
               the
               Life
               and
               Blood
               of
               every
               State
               )
               The
               Parliament
               of
               late
               years
               have
               been
               like
               the
               Fig-tree
               in
               the
               Gospel
               ,
               without
               Efficacy
               ,
               without
               Fruit
               ,
               commonly
               taken
               away
               ,
               as
               Elias
               was
               with
               a
               whirlwind
               ,
               never
               coming
               to
               any
               maturity
               .
            
          
           
             
               The
               same
               ill
               Councils
               which
               first
               raised
               that
               storm
               ,
               and
               almost
               shipwrackt
               the
               Common-wealth
               ,
               do
               still
               continue
               ,
               they
               blow
               strong
               like
               the
               East
               wind
               ,
               that
               brought
               the
               Locusts
               over
               the
               Land
               ;
               Is
               it
               not
               time
               then
               my
               Lords
               ,
               that
               we
               should
               unite
               and
               concentrate
               our selves
               ,
               and
               defeat
               the
               Counsels
               of
               these
               Achitophels
               ,
               which
               would
               involve
               us
               ,
               our
               Religion
               ,
               our
               King
               ,
               our
               Laws
               ,
               our
               Liberties
               ,
               all
               that
               can
               be
               near
               and
               dear
               unto
               an
               honest
               Soul
               ,
               in
               one
               universal
               and
               general
               desolation
               ,
               to
               defeat
               I
               say
               ,
               the
               Counsels
               of
               such
               Achitophels
               ,
               the
               Knights
               ,
               Citizens
               ,
               and
               Burgesses
               of
               the
               House
               of
               Commons
               (
               knowing
               themselves
               to
               be
               specially
               intrusted
               with
               the
               preservation
               of
               the
               whole
               ,
               and
               in
               their
               Conscience
               perswaded
               ,
               that
               the
               dangers
               are
               so
               eminent
               ,
               as
               they
               will
               admit
               of
               no
               delay
               )
               have
               thought
               fit
               to
               declare
               their
               united
               affections
               ,
               by
               entring
               into
               an
               Association
               amongst
               themselves
               ,
               by
               making
               a
               Solemn
               Protestation
               and
               Vow
               unto
               their
               God
               ,
               that
               they
               will
               unanimously
               endeavour
               to
               oppose
               and
               prevent
               the
               Counsels
               and
               Counsellors
               ,
               which
               have
               brought
               upon
               us
               all
               these
               Miseries
               and
               the
               Fears
               of
               greater
               ,
               to
               prevent
               the
               ends
               ,
               and
               bring
               the
               Authors
               of
               them
               to
               condigne
               punishment
               ,
               and
               thereby
               discharge
               themselves
               the
               better
               before
               God
               and
               Man.
               
            
          
           
             Here
             the
             Protestation
             was
             read
             unto
             the
             Lords
             ,
             together
             with
             the
             Grounds
             and
             Reasons
             which
             induced
             the
             House
             of
             Commons
             to
             make
             it
             ,
             which
             are
             prefixed
             before
             it
             ,
             by
             way
             of
             Preamble
             .
          
           
             The
             Kings
             Speech
             on
             Saturday
             last
             to
             both
             Houses
             ,
             being
             publiquely
             
             known
             in
             the
             City
             ,
             rumours
             were
             spread
             abroad
             ,
             concerning
             desperate
             Plots
             and
             Designs
             against
             the
             Parliament
             ,
             which
             occasioned
             multitudes
             of
             people
             to
             resort
             the
             Monday
             following
             being
             May
             3.
             to
             both
             Houses
             of
             Parliament
             ,
             in
             such
             a
             Confluence
             as
             hath
             not
             been
             usual
             ;
             they
             tendred
             Petitions
             to
             both
             Houses
             ,
             crying
             
               Iustice
               ,
               Iustice
            
             against
             the
             Earl
             of
             Strafford
             ,
             and
             when
             the
             Houses
             arose
             ,
             they
             departed
             .
          
           
           
             Tuesday
             the
             4th
             of
             May
             ,
             the
             Lords
             desired
             a
             Conference
             with
             the
             Commons
             ,
             
             which
             was
             managed
             by
             the
             Lord
             Privy
             Seal
             ,
             who
             spake
             to
             this
             effect
             :
          
           
             
               That
               the
               occasion
               of
               the
               Conference
               was
               so
               visible
               ,
               that
               he
               should
               not
               need
               to
               say
               more
               of
               it
               ,
               the
               multitudes
               without
               bespake
               the
               business
               and
               matter
               of
               it
               ;
               That
               which
               he
               had
               to
               say
               was
               by
               Command
               from
               the
               King
               to
               the
               Peers
               ,
               to
               be
               communicated
               to
               both
               Houses
               of
               Parliament
               ;
               That
               His
               Majesty
               takes
               notice
               ,
               that
               the
               People
               do
               assemble
               in
               such
               unusual
               numbers
               ,
               that
               the
               Council
               ,
               and
               Peace
               of
               the
               Kingdom
               may
               be
               thereby
               interrupted
               ,
               ,
               and
               therefore
               as
               a
               King
               that
               loveth
               Peace
               ,
               and
               taketh
               care
               ,
               that
               all
               proceedings
               in
               Parliament
               may
               be
               free
               and
               in
               a
               peaceable
               manner
               ,
               he
               desires
               that
               these
               Interruptions
               may
               be
               removed
               ;
               and
               wisheth
               both
               Houses
               to
               devise
               a
               course
               ,
               how
               the
               same
               may
               be
               done
               .
            
          
           
             At
             the
             same
             time
             the
             Lord
             Privy
             Seal
             communicated
             to
             the
             Commons
             ,
             
             a
             Petition
             ,
             which
             the
             Lords
             had
             the
             day
             before
             received
             ,
             from
             the
             multitude
             of
             people
             that
             flock'd
             together
             in
             the
             Palace-yard
             ,
             which
             was
             to
             this
             effect
             :
          
           
             
               THat
               whereas
               your
               Petitioners
               did
               yesterday
               petition
               ,
               for
               the
               redress
               of
               many
               Grievances
               ,
               and
               for
               the
               execution
               of
               Justice
               upon
               the
               Earl
               of
               Strafford
               ,
               and
               other
               Incendiaries
               ,
               and
               to
               be
               secured
               from
               
               some
               dangerous
               Plots
               and
               Designs
               on
               foot
               ,
               to
               which
               your
               Lordships
               have
               this
               day
               given
               Answer
               ,
               that
               you
               have
               the
               same
               under
               present
               consideration
               ;
               Your
               Petitioners
               do
               render
               humble
               thanks
               :
               But
               forasmuch
               as
               your
               Petitioners
               understand
               ,
               that
               the
               Tower
               of
               London
               is
               presently
               to
               receive
               a
               Garrison
               of
               Men
               ,
               not
               of
               the
               Hamblets
               ,
               (
               as
               usually
               they
               were
               wont
               to
               do
               )
               but
               consisting
               of
               other
               persons
               ,
               under
               the
               Command
               of
               a
               Captain
               ,
               a
               great
               Confident
               of
               the
               Earl
               of
               Straffords
               ,
               which
               doth
               increase
               their
               fears
               of
               the
               suddain
               destruction
               of
               King
               and
               Kingdom
               ;
               wherein
               your
               Lordships
               and
               Posterity
               are
               deeply
               interessed
               ,
               and
               this
               is
               done
               to
               make
               a
               way
               for
               the
               escape
               of
               the
               Earl
               of
               Strafford
               ,
               the
               grand
               Incendiary
               .
            
          
           
             
               They
               humbly
               pray
               that
               instant
               course
               may
               be
               taken
               for
               the
               discovery
               thereof
               ,
               and
               that
               speedy
               execution
               of
               Justice
               be
               done
               upon
               the
               Earl
               of
               Strafford
               .
            
          
           
             Whereupon
             the
             Lords
             sent
             six
             Peers
             of
             their
             House
             to
             the
             Tower
             ,
             to
             understand
             what
             truth
             there
             was
             in
             this
             Information
             ,
             and
             to
             demand
             of
             the
             
             Lieutenant
             who
             chose
             those
             men
             to
             be
             lodged
             in
             the
             Tower
             ,
             whether
             he
             was
             privy
             to
             it
             himself
             ,
             and
             what
             Order
             he
             had
             to
             receive
             them
             ,
             and
             what
             Captain
             was
             to
             Command
             them
             ?
             To
             the
             two
             first
             ,
             he
             said
             he
             was
             wholly
             ignorant
             ,
             and
             for
             the
             Third
             he
             said
             ,
             he
             had
             His
             Majesties
             Command
             ,
             to
             receive
             One
             hundred
             men
             into
             the
             Tower
             ,
             and
             Captain
             Billingsly
             to
             Command
             them
             ,
             and
             to
             receive
             only
             such
             men
             as
             he
             should
             bring
             unto
             him
             ;
             but
             now
             understanding
             their
             Lordships
             Order
             ,
             he
             did
             promise
             ,
             that
             no
             other
             Guard
             should
             come
             into
             the
             Tower
             ,
             unless
             it
             were
             the
             Hamblet-men
             .
             The
             Lords
             did
             further
             declare
             at
             the
             Conference
             ,
             that
             they
             were
             drawing
             to
             a
             conclusion
             of
             the
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             Strafford
             ,
             but
             
             were
             so
             encompassed
             with
             multitudes
             of
             People
             ,
             that
             their
             Lordships
             might
             be
             conceived
             not
             to
             be
             free
             ,
             unless
             they
             were
             sent
             home
             ,
             whose
             flocking
             hither
             was
             the
             only
             hindrance
             to
             the
             dispatching
             of
             that
             Bill
             :
             and
             therefore
             desired
             the
             Commons
             to
             joyn
             with
             their
             Lordships
             ,
             to
             find
             out
             some
             way
             how
             this
             Concourse
             about
             both
             Houses
             might
             be
             avoided
             .
             And
             then
             they
             debated
             the
             Protestation
             ,
             and
             passed
             it
             ,
             and
             took
             the
             same
             .
          
           
           
             After
             that
             the
             Commons
             returned
             to
             the
             House
             ,
             Doctor
             Burgess
             was
             desired
             
             to
             acquaint
             the
             Multitude
             with
             the
             Protestation
             ,
             which
             both
             Houses
             had
             taken
             ,
             which
             being
             read
             by
             him
             ,
             and
             also
             made
             known
             unto
             them
             ,
             that
             the
             Parliament
             desired
             ,
             that
             they
             would
             return
             home
             to
             their
             houses
             ,
             they
             forthwith
             departed
             .
          
           
             The
             said
             Protestation
             was
             afterward
             tendred
             to
             the
             whole
             Kingdom
             ,
             with
             this
             intimation
             ,
             that
             whosoever
             refused
             to
             take
             it
             ,
             should
             be
             noted
             as
             disaffected
             to
             the
             Parliament
             .
          
           
             The
             Commons
             forthwith
             ordered
             the
             bringing
             in
             of
             a
             Bill
             ,
             for
             the
             
             continuance
             of
             this
             present
             Parliament
             ,
             that
             it
             might
             not
             be
             Dissolved
             without
             the
             consent
             of
             both
             Houses
             ,
             which
             was
             read
             the
             First
             and
             Second
             time
             ,
             and
             committed
             .
          
           
             
               
                 That
                 day
                 the
                 Earl
                 of
                 Strafford
                 writ
                 this
                 ensuing
                 Letter
                 to
                 His
                 Majesty
                 .
              
               
                 
                   May
                   it
                   please
                   Your
                   Sacred
                   Majesty
                   ,
                
              
               
                 
                   IT
                   hath
                   been
                   my
                   greatest
                   grief
                   in
                   all
                   these
                   Troubles
                   ,
                   to
                   be
                   taken
                   as
                   a
                   person
                   which
                   should
                   endeavour
                   to
                   represent
                   and
                   set
                   things
                   amiss
                   between
                   Your
                   Majesty
                
                 
                 
                   and
                   Your
                   People
                   ,
                   and
                   to
                   give
                   Counsels
                   tending
                   to
                   the
                   disquiet
                   of
                   the
                   Three
                   Kingdoms
                   .
                
              
               
                 
                   Most
                   true
                   it
                   is
                   ,
                   (
                   that
                   this
                   mine
                   own
                   private
                   Condition
                   considered
                   )
                   it
                   had
                   been
                   a
                   great
                   madness
                   ,
                   (
                   since
                   through
                   Your
                   Gracious
                   Favour
                   I
                   was
                   so
                   provided
                   )
                   as
                   not
                   to
                   expect
                   in
                   any
                   kind
                   to
                   mend
                   my
                   fortune
                   ,
                   or
                   please
                   my
                   mind
                   more
                   ,
                   than
                   by
                   resting
                   where
                   Your
                   bounteous
                   Hands
                   had
                   placed
                   me
                   .
                
              
               
                 
                   Nay
                   ,
                   it
                   is
                   most
                   mightily
                   mistaken
                   ;
                   for
                   unto
                   your
                   Majesty
                   it
                   is
                   well
                   known
                   ,
                   my
                   poor
                   and
                   humble
                   Advices
                   concluded
                   still
                   in
                   this
                   ,
                   That
                   Your
                   Majesty
                   ,
                   and
                   Your
                   People
                   could
                   never
                   be
                   happy
                   ,
                   till
                   there
                   were
                   a
                   right
                   understanding
                   betwixt
                   You
                   and
                   them
                   ;
                   and
                   that
                   no
                   other
                   means
                   were
                   left
                   ,
                   to
                   effect
                   and
                   settle
                   this
                   happiness
                   ,
                   but
                   by
                   the
                   Counsel
                   and
                   Assent
                   of
                   Your
                   Parliament
                   ,
                   or
                   to
                   prevent
                   the
                   growing
                   Evils
                   of
                   this
                   State
                   ,
                   but
                   by
                   intirely
                   putting
                   Your Self
                   in
                   this
                   last
                   resort
                   ,
                   upon
                   the
                   Loyalty
                   and
                   good
                   Affections
                   of
                   Your
                   English
                   Subjects
                   .
                
              
               
                 
                   Yet
                   such
                   is
                   my
                   misfortune
                   ,
                   that
                   this
                   Truth
                   findeth
                   little
                   credit
                   ;
                   yea
                   ,
                   the
                   contrary
                   seemeth
                   generally
                   to
                   be
                   believed
                   ,
                   and
                   my self
                   reputed
                   as
                   one
                   who
                   endeavoured
                   to
                   make
                   a
                   separation
                   between
                   You
                   and
                   Your
                   People
                   ;
                   under
                   a
                   heavier
                   censure
                   than
                   this
                   ,
                   I
                   am
                   perswaded
                   no
                   Gentleman
                   can
                   suffer
                   .
                
              
               
                 
                   Now
                   I
                   understand
                   the
                   minds
                   of
                   Men
                   are
                   more
                   and
                   more
                   incensed
                   against
                   me
                   ,
                   notwithstanding
                   Your
                   Majesty
                   hath
                   Declared
                   ,
                   That
                   in
                   Your
                   Princely
                   opinion
                   I
                   am
                   not
                   Guilty
                   of
                   Treason
                   ,
                   and
                   that
                   You
                   are
                   not
                   satisfied
                   in
                   Your
                   Conscience
                   ,
                   to
                   pass
                   the
                   Bill
                   .
                
              
               
                 
                   This
                   bringeth
                   me
                   in
                   a
                   very
                   great
                   streight
                   ,
                   there
                   is
                   before
                   me
                   the
                   ruine
                   of
                   my
                   Children
                   and
                   Family
                   ,
                   hitherto
                   untouch'd
                   in
                   all
                   the
                   Branches
                   of
                   it
                   ,
                   with
                   any
                   foul
                   crime
                   :
                   Here
                   are
                   before
                   me
                   the
                   many
                   ills
                   ,
                   which
                   may
                   befall
                   Your
                   Sacred
                   Person
                   and
                   the
                   whole
                   Kingdom
                   ,
                   should
                   Your Self
                   and
                   Parliament
                   part
                   less
                   satisfied
                   one
                   with
                   the
                   other
                   ,
                   than
                   is
                   necessary
                   for
                   the
                   preservation
                   both
                   of
                   King
                   and
                   People
                   :
                   Here
                   are
                   before
                   me
                   the
                   things
                   most
                   valued
                   ,
                   most
                   feared
                   by
                   mortal
                   men
                   ,
                
                 Life
                 or
                 Death
                 .
              
               
                 
                   To
                   say
                   Sir
                   ,
                   that
                   there
                   hath
                   not
                   been
                   a
                   strife
                   in
                   me
                   ,
                   were
                   to
                   make
                   me
                   less
                   man
                   ,
                   than
                   ,
                   God
                   knoweth
                   ,
                   my
                   Infirmities
                   make
                   me
                   ;
                   and
                   to
                   call
                   a
                   destruction
                   upon
                   my self
                   and
                   young
                   Children
                   ,
                   (
                   where
                   the
                   intentions
                   of
                   my
                   heart
                   at
                   least
                   have
                   been
                   innocent
                   of
                   this
                   great
                   offence
                   )
                   may
                   be
                   believed
                   ,
                   will
                   find
                   no
                   easy
                   consent
                   from
                   Flesh
                   and
                   Blood.
                   
                
              
               
                 
                   But
                   with
                   much
                   sadness
                   I
                   am
                   come
                   to
                   a
                   Resolution
                   of
                   that
                   ,
                   which
                   I
                   take
                   to
                   be
                   best
                   becoming
                   me
                   ,
                   and
                   to
                   look
                   upon
                   it
                   ,
                   as
                   that
                   which
                   is
                   most
                   principal
                   in
                   it
                
                 
                 
                   self
                   ,
                   which
                   doubtless
                   is
                   the
                   prosperity
                   of
                   Your
                   Sacred
                   Person
                   ,
                   and
                   the
                   Common
                   wealth
                   ,
                   things
                   infinitely
                   before
                   any
                   private
                   mans
                   interest
                   .
                
              
               
                 
                   And
                   therefore
                   in
                   few
                   words
                   ,
                   as
                   I
                   put
                   my self
                   wholly
                   upon
                   the
                   Honor
                   and
                   Iustice
                   of
                   my
                   Peers
                   ,
                   so
                   clearly
                   ,
                   as
                   to
                   wish
                   Your
                   Majesty
                   might
                   please
                   to
                   have
                   spared
                   that
                   Declaration
                   of
                   Yours
                   on
                   Saturday
                   last
                   ,
                   and
                   intirely
                   to
                   have
                   left
                   me
                   to
                   their
                   Lordships
                   ;
                   So
                   now
                   to
                   set
                   Your
                   Majesties
                   Conscience
                   at
                   liberty
                   ,
                   I
                   do
                   most
                   humbly
                   beseech
                   Your
                   Majesty
                   for
                   prevention
                   of
                   evils
                   ,
                   which
                   may
                   happen
                   by
                   Your
                   refusal
                   to
                   pass
                   this
                   Bill
                   ;
                   and
                   by
                   this
                   means
                   to
                   remove
                   (
                   praised
                   be
                   God
                   )
                   I
                   cannot
                   say
                   this
                   accursed
                   (
                   but
                   I
                   confess
                   )
                   this
                   unfortunate
                   thing
                   ,
                   forth
                   of
                   the
                   way
                   towards
                   that
                   blessed
                   agreement
                   ,
                   which
                   God
                   I
                   trust
                   ,
                   shall
                   ever
                   establish
                   between
                   You
                   and
                   Your
                   Subjects
                   .
                
              
               
                 
                   Sir
                   ,
                   My
                   Consent
                   shall
                   more
                   acquit
                   you
                   herein
                   to
                   God
                   ,
                   than
                   all
                   the
                   World
                   can
                   doe
                   besides
                   ;
                   To
                   a
                   willing
                   man
                   there
                   is
                   no
                   injury
                   done
                   ,
                   and
                   as
                   by
                   Gods
                   Grace
                   I
                   forgive
                   all
                   the
                   World
                   ,
                   with
                   a
                   calmness
                   and
                   meekness
                   of
                   infinite
                   contentment
                   to
                   my
                   dislodging
                   Soul
                   :
                   So
                   Sir
                   ,
                   to
                   you
                   I
                   can
                   give
                   the
                   life
                   of
                   this
                   world
                   ,
                   with
                   all
                   the
                   chearfulness
                   imaginable
                   ,
                   in
                   the
                   just
                   acknowledgment
                   of
                   your
                   exceeding
                   favours
                   ;
                   and
                   only
                   beg
                   ,
                   that
                   in
                   Your
                   Goodness
                   ,
                   You
                   would
                   vouchsafe
                   to
                   cast
                   Your
                   Gracious
                   regard
                   upon
                   my
                   poor
                   Son
                   ,
                   and
                   his
                   Three
                   Sisters
                   ,
                   less
                   or
                   more
                   ,
                   and
                   no
                   otherwise
                   than
                   as
                   their
                   (
                   in
                   present
                   )
                   unfortunate
                   Father
                   ,
                   may
                   hereafter
                   appear
                   more
                   or
                   less
                   guilty
                   of
                   this
                   death
                   .
                   God
                   long
                   preserve
                   Your
                   Majesty
                   .
                
              
               
                 
                   Tower
                   ,
                   
                     May
                     4.
                     1641.
                     
                  
                
                 
                   Your
                   Majesties
                   most
                   Faithful
                   ,
                   And
                   Humble
                   Subject
                   ,
                   And
                   Servant
                   ,
                   STRAFFORD
                   .
                
              
            
          
           
             WEdnesday
             the
             5th
             of
             May
             there
             happened
             to
             be
             a
             strange
             Hubbub
             in
             the
             City
             ,
             upon
             a
             false
             Alarm
             ,
             That
             the
             Parliament-House
             was
             
             beset
             ,
             and
             on
             fire
             ,
             and
             all
             their
             lives
             in
             danger
             ,
             which
             occasioned
             such
             running
             up
             and
             down
             in
             a
             confused
             manner
             ,
             to
             come
             to
             protect
             them
             ,
             that
             the
             like
             hath
             scarce
             been
             seen
             .
             This
             Hubbub
             and
             Alarm
             happened
             upon
             this
             occasion
             ,
             Sir
             
               Walter
               Earl
            
             was
             making
             a
             Report
             to
             the
             House
             of
             some
             Plot
             and
             Design
             to
             blow
             up
             the
             House
             of
             Commons
             ;
             Whereupon
             ,
             some
             Members
             in
             the
             Gallery
             stood
             up
             ,
             the
             better
             to
             hear
             the
             Report
             ,
             and
             Mr.
             Moyle
             of
             Cornwal
             ,
             and
             Mr.
             Middleton
             of
             Sussex
             ,
             two
             persons
             of
             good
             bigness
             ,
             weighed
             down
             a
             board
             in
             the
             Gallery
             ,
             which
             gave
             so
             great
             a
             crack
             ,
             that
             some
             Members
             thought
             that
             it
             was
             a
             Plot
             indeed
             ;
             and
             Sir
             
               Iohn
               Wray
            
             speaking
             out
             ,
             he
             smelt
             Gunpowder
             ,
             hastening
             back
             out
             of
             the
             Gallery
             ;
             some
             Members
             and
             others
             in
             fear
             ,
             running
             out
             of
             the
             House
             ,
             frighted
             people
             in
             the
             Lobby
             ,
             who
             ran
             into
             the
             Hall
             ,
             crying
             out
             ,
             
               The
               Parliament
               House
               was
               falling
               ,
               and
               the
               Members
               were
               slaine
               ,
            
             and
             the
             people
             running
             in
             a
             hurry
             
             through
             the
             Hall
             ,
             Sir
             
               Robert
               Mansel
            
             drew
             his
             Sword
             ,
             bid
             them
             stand
             for
             shame
             ;
             he
             saw
             no
             Enemy
             to
             hurt
             the
             Parliament
             ,
             nor
             heard
             no
             noise
             of
             the
             fall
             of
             the
             Parliament-House
             ;
             but
             some
             of
             them
             hastened
             by
             Water
             from
             Westminster
             ,
             and
             carryed
             the
             Alarm
             into
             London
             ,
             which
             occasioned
             so
             great
             a
             resort
             of
             People
             in
             multitudes
             to
             Westminster
             ,
             to
             save
             the
             Parliament
             ,
             and
             one
             Regiment
             of
             Trained-Bands
             ,
             Commanded
             by
             Colonel
             Manwaring
             ,
             upon
             beat
             of
             Drum
             ,
             were
             instantly
             Armed
             ,
             and
             marched
             as
             far
             as
             Covent-Garden
             (
             beyond
             their
             Liberties
             )
             to
             secure
             the
             Parliament
             ,
             but
             finding
             the
             Alarm
             false
             ,
             they
             returned
             again
             .
             The
             same
             day
             the
             Commons
             passed
             the
             Bill
             for
             the
             continuance
             of
             the
             present
             Parliament
             ,
             and
             carried
             the
             same
             up
             to
             the
             Lords
             .
          
           
             The
             House
             of
             Commons
             commanded
             all
             their
             Members
             to
             attend
             the
             House
             ,
             and
             not
             to
             depart
             the
             Town
             .
          
           
             The
             next
             day
             the
             Committee
             appointed
             to
             joyn
             with
             the
             Lords
             ,
             for
             taking
             Examinations
             concerning
             the
             Plot
             ,
             did
             acquaint
             the
             House
             ,
             that
             
             6
             or
             8
             of
             the
             chief
             Conspirators
             were
             fled
             ,
             of
             which
             Mr.
             
               Henry
               Iermin
            
             ,
             and
             Mr.
             
               Henry
               Piercy
            
             ,
             Members
             of
             the
             House
             ,
             were
             two
             ,
             and
             that
             they
             were
             gone
             towards
             Portsmouth
             ;
             Upon
             which
             Report
             ,
             present
             Information
             came
             ,
             that
             the
             Queen
             was
             preparing
             to
             go
             to
             Portsmouth
             ,
             thereupon
             both
             
             Houses
             had
             a
             Conference
             ,
             and
             agreed
             to
             move
             Her
             Majesty
             to
             stay
             Her
             journey
             for
             the
             security
             of
             Her
             Person
             ,
             Her
             Majesty
             not
             knowing
             what
             danger
             she
             might
             be
             exposed
             to
             in
             those
             parts
             :
             In
             the
             mean
             time
             ,
             One
             Lord
             and
             Two
             Commoners
             were
             dispatch'd
             to
             Portsmouth
             ,
             with
             private
             Instructions
             ,
             to
             propose
             certain
             Queries
             to
             the
             Governor
             there
             ,
             and
             to
             take
             further
             care
             for
             the
             security
             of
             the
             Place
             and
             Haven
             of
             such
             Importance
             ,
             and
             they
             took
             an
             Oath
             of
             Secresie
             ,
             as
             those
             Lords
             and
             Commons
             had
             done
             ,
             who
             were
             appointed
             to
             examine
             the
             Plot.
             
          
           
             His
             Majesty
             was
             desired
             by
             both
             Houses
             ,
             to
             issue
             out
             a
             Proclamation
             ,
             
             for
             the
             calling
             in
             Mr.
             Peircy
             ,
             and
             Mr.
             Iermin
             within
             a
             time
             limited
             ,
             which
             was
             accordingly
             granted
             .
             And
             the
             Lords
             were
             desired
             by
             the
             Commons
             ,
             to
             hasten
             the
             Bill
             of
             Attainder
             of
             the
             Earl
             of
             Strafford
             .
          
           
             To
             prevent
             further
             discontents
             in
             the
             Army
             ,
             this
             Letter
             was
             sent
             by
             Order
             ,
             to
             Sir
             
               Iacob
               Ashly
            
             ,
             and
             Sir
             
               Iohn
               Coniers
            
             ,
             to
             be
             communicated
             to
             the
             Army
             in
             the
             North.
             
          
           
             
               WHereas
               there
               hath
               been
               just
               cause
               of
               jealousie
               ,
               that
               there
               hath
               
               been
               some
               secret
               Attempt
               and
               Practises
               ,
               to
               infuse
               into
               the
               Army
               a
               mistake
               of
               this
               Parliament
               ,
               to
               some
               dangerous
               intent
               and
               purpose
               againk
               this
               State
               ;
               and
               that
               now
               the
               matter
               is
               grown
               to
               strong
               presumption
               upon
               further
               discoveries
               ,
               and
               by
               reason
               that
               some
               of
               those
               which
               were
               suspected
               to
               have
               been
               active
               therein
               ,
               are
               fled
               upon
               the
               first
               stirring
               thereof
               ,
               before
               ever
               they
               were
               once
               named
               .
               It
               pleaseth
               this
               House
               to
               Declare
               ,
               That
               notwithstanding
               they
               intend
               to
               search
               into
               the
               bottom
               of
               this
               Conspiracy
               ,
               yet
               purposing
               to
               proceed
               ,
               especially
               against
               the
               principal
               Actors
               therein
               ,
               this
               House
               hath
               resolved
               ,
               whereunto
               the
               House
               of
               Peers
               hath
               likewise
               consented
               ,
               that
               for
               such
               of
               the
               Army
               as
               the
               Conspirators
               have
               endeavoured
               to
               work
               upon
               ,
               if
               they
               shall
               testify
               their
               Fidelity
               to
               the
               State
               ,
               by
               a
               total
               discovery
               of
               that
               which
               they
               know
               ,
               and
               can
               testify
               therein
               ;
               they
               shall
               not
               only
               be
               free
               from
               all
               punishment
               ,
               but
               also
               shall
               be
               esteemed
               to
               have
               done
               that
               ,
               which
               is
               for
               the
               service
               of
               the
               State
               ,
               in
               the
               discovering
               so
               dangerous
               a
               Plot
               ,
               and
               for
               such
               of
               the
               Army
               as
               are
               and
               shall
               be
               found
               no
               ways
               tainted
               with
               the
               Design
               ,
               or
               knowing
               any
               thing
               thereof
               ,
               shall
               make
               such
               discovery
               as
               aforesaid
               ,
               as
               
               this
               House
               shall
               no
               ways
               doubt
               of
               their
               Loyalty
               and
               Fidelity
               ,
               so
               it
               will
               have
               a
               special
               care
               ,
               not
               only
               to
               satisfy
               all
               such
               Arrears
               ,
               as
               this
               House
               hath
               formerly
               promised
               to
               discharge
               ,
               but
               also
               give
               a
               fair
               testimony
               of
               the
               sence
               they
               have
               of
               their
               present
               and
               past
               wants
               ;
               And
               it
               is
               ordered
               by
               this
               House
               ,
               that
               immediately
               after
               the
               receipt
               hereof
               ,
               you
               should
               communicate
               this
               their
               Declartion
               unto
               all
               the
               Officers
               and
               Members
               of
               the
               Army
               ,
               under
               your
               Command
               .
            
          
           
             This
             Plot
             consisted
             of
             Three
             Heads
             ,
             the
             first
             was
             the
             design
             upon
             the
             Tower
             ;
             
             The
             Second
             ,
             to
             engage
             the
             Army
             ;
             The
             Third
             ,
             to
             bring
             in
             foreign
             Forces
             .
             For
             the
             Tower
             it
             appeared
             to
             be
             thus
             ,
             Captain
             Billingsly
             being
             examined
             upon
             oath
             ,
             confessed
             that
             he
             was
             acquainted
             with
             Sir
             
               Iohn
               Suckling
            
             ,
             
             that
             the
             said
             Sir
             Iohn
             lately
             offered
             him
             imployment
             in
             one
             of
             the
             Kings
             Ships
             then
             at
             Portsmouth
             ;
             afterwards
             imployment
             for
             Portugal
             ;
             That
             this
             Deponent
             having
             notice
             to
             meet
             at
             the
             Privy
             Lodgings
             at
             Whitehall
             ,
             did
             there
             receive
             Orders
             to
             get
             100
             men
             to
             serve
             in
             the
             Tower
             under
             him
             ,
             and
             if
             he
             did
             fail
             ,
             he
             should
             answer
             it
             with
             his
             life
             :
             and
             afterwards
             meeting
             with
             Sir
             
               Iohn
               Suckling
            
             ,
             and
             acquainting
             him
             therewith
             ,
             he
             told
             him
             he
             would
             furnish
             him
             with
             the
             said
             number
             .
             Sir
             
               Will.
               Bellfower
            
             ,
             Lieutenant
             of
             the
             Tower
             being
             examined
             ,
             said
             ,
             That
             he
             had
             a
             Command
             to
             receive
             Capt.
             Billingsly
             with
             100
             Men
             into
             the
             Tower
             ,
             who
             should
             be
             under
             his
             Command
             .
             That
             the
             Earl
             of
             Strafford
             at
             that
             time
             ,
             expostulating
             with
             him
             about
             his
             escape
             ,
             told
             him
             he
             would
             attempt
             nothing
             in
             
             that
             kind
             without
             his
             privity
             ,
             and
             that
             he
             should
             have
             the
             Kings
             Warrant
             for
             his
             Indemnity
             ,
             and
             that
             the
             Warrant
             should
             be
             to
             Command
             him
             to
             remove
             the
             said
             Earl
             of
             Strafford
             from
             the
             Tower
             to
             some
             other
             Castle
             ,
             and
             he
             would
             then
             take
             his
             opportunity
             to
             escape
             ;
             That
             the
             Lieutenant
             of
             the
             Tower
             not
             giving
             any
             complying
             Answer
             thereunto
             ,
             the
             said
             Earl
             sent
             again
             to
             intreat
             him
             to
             come
             to
             him
             ,
             and
             would
             have
             perswaded
             him
             to
             let
             him
             make
             an
             escape
             ;
             saying
             ,
             without
             your
             concurrence
             it
             cannot
             be
             done
             ,
             and
             if
             you
             will
             consent
             thereunto
             ,
             I
             will
             make
             you
             present
             payment
             of
             Twenty
             two
             thousand
             pounds
             ,
             besides
             ,
             you
             shall
             have
             a
             good
             Marriage
             for
             your
             Son.
             To
             which
             the
             Lieutenant
             of
             the
             Tower
             replyed
             ,
             he
             was
             so
             far
             from
             concurring
             therein
             ,
             that
             he
             was
             not
             to
             be
             further
             moved
             in
             such
             a
             thing
             ;
             thus
             much
             the
             Lieutenant
             delivered
             upon
             Oath
             .
          
           
             Three
             other
             Witnesses
             were
             examined
             ,
             who
             did
             Depose
             ,
             That
             being
             desirous
             to
             see
             the
             Earl
             of
             Strafford
             ,
             they
             were
             carried
             to
             the
             back
             door
             
             of
             the
             Gallery
             where
             his
             Lodgings
             were
             ,
             and
             heard
             the
             Earl
             of
             Strafford
             discourse
             ,
             as
             he
             was
             walking
             with
             Mr.
             Slingsby
             (
             as
             afterwards
             they
             understood
             his
             name
             to
             be
             )
             about
             his
             escape
             ,
             as
             they
             conceived
             it
             ,
             for
             they
             heard
             him
             say
             ,
             Where
             is
             your
             Brothers
             Ship
             ?
             to
             which
             he
             answered
             ,
             in
             such
             a
             place
             ,
             and
             that
             he
             might
             be
             there
             in
             three
             hours
             ,
             if
             the
             Lieutenant
             of
             the
             Tower
             were
             sure
             to
             him
             .
             And
             heard
             the
             Earl
             further
             say
             ,
             That
             if
             the
             King
             could
             have
             done
             any
             thing
             ,
             His
             Majesty
             would
             by
             His
             Warrant
             have
             done
             it
             before
             now
             ,
             and
             have
             sent
             for
             him
             to
             be
             removed
             ;
             but
             now
             there
             was
             nothing
             to
             be
             thought
             upon
             but
             an
             escape
             ;
             And
             also
             heard
             the
             said
             Earl
             say
             ,
             If
             this
             Fort
             could
             be
             guarded
             two
             or
             three
             months
             ,
             there
             would
             aid
             enough
             come
             .
          
           
             The
             Plot
             concerning
             the
             Army
             was
             thus
             .
          
           
             Col.
             Goring
             upon
             his
             Examination
             in
             the
             House
             of
             Commons
             ,
             did
             confess
             
             that
             Sir
             
               Iohn
               Suckling
            
             was
             the
             first
             Person
             that
             ever
             made
             any
             overture
             
             unto
             him
             concerning
             the
             Armys
             marching
             towards
             London
             ;
             afterwards
             being
             in
             the
             Queens
             Lodgings
             ,
             he
             met
             with
             Mr.
             
               H.
               P.
            
             which
             was
             about
             the
             beginning
             or
             middle
             of
             Lent
             last
             ,
             and
             Mr.
             P.
             told
             him
             ,
             there
             was
             a
             Consultation
             of
             Officers
             to
             be
             had
             ,
             concerning
             the
             good
             of
             the
             Army
             ,
             and
             desired
             him
             to
             go
             along
             with
             him
             to
             his
             Chamber
             ,
             where
             the
             meeting
             was
             to
             be
             ;
             there
             were
             present
             at
             the
             same
             meeting
             Comissary
             Wilmott
             ,
             Col.
             Ashburnham
             ,
             Capt.
             Pollard
             ,
             Sir
             
               Iohn
               Berkly
               ,
               Dan.
               O-Neal
            
             ,
             Mr.
             Iermin
             and
             himself
             .
             That
             Mr.
             P.
             said
             ,
             there
             were
             Propositions
             to
             be
             made
             ,
             which
             were
             of
             great
             concernment
             ,
             and
             that
             it
             was
             necessary
             there
             should
             be
             an
             Oath
             of
             Secresie
             taken
             ,
             before
             any
             thing
             was
             propounded
             ;
             That
             the
             Oath
             should
             be
             to
             this
             purpose
             ,
             that
             we
             should
             neither
             directly
             nor
             indirectly
             discover
             any
             part
             of
             the
             Consultation
             ,
             nor
             ever
             to
             think
             our selves
             dissolved
             from
             that
             Oath
             ,
             by
             any
             other
             Oath
             ,
             which
             might
             be
             imposed
             upon
             us
             hereafter
             .
             which
             Oath
             was
             read
             out
             of
             a
             Paper
             ,
             when
             it
             was
             tendred
             unto
             them
             ,
             and
             that
             thereupon
             they
             were
             sworn
             by
             laying
             their
             hands
             upon
             the
             Bible
             ,
             That
             he
             and
             Iermin
             were
             sworn
             together
             ,
             for
             the
             rest
             had
             taken
             the
             Oath
             before
             .
          
           
             Then
             three
             Propositions
             were
             made
             unto
             them
             ,
             being
             the
             same
             in
             substance
             ,
             expressed
             in
             Mr.
             P.
             Letter
             .
          
           
             He
             further
             said
             ,
             That
             the
             whole
             number
             there
             met
             ,
             were
             of
             opinion
             ,
             that
             the
             Army
             should
             not
             march
             towards
             London
             ,
             till
             a
             Declaration
             had
             been
             first
             sent
             up
             to
             the
             Parliament
             .
             That
             he
             the
             said
             Goring
             answered
             ,
             it
             was
             a
             nice
             point
             to
             interpose
             in
             the
             proceedings
             of
             the
             Parliament
             ,
             and
             did
             propound
             some
             difficulties
             to
             allay
             the
             business
             ,
             to
             divert
             Comissary
             Wilmot
             ,
             and
             those
             other
             persons
             from
             so
             dangerous
             a
             business
             ,
             and
             said
             ,
             that
             he
             did
             think
             it
             was
             a
             design
             of
             Folly
             to
             undertake
             it
             ,
             for
             they
             must
             think
             that
             the
             Scots
             would
             take
             the
             advantage
             upon
             the
             Armys
             removal
             Southwards
             ,
             whose
             correspondency
             was
             so
             great
             with
             the
             City
             ,
             and
             for
             them
             to
             begin
             to
             shew
             their
             Teeth
             ,
             and
             not
             be
             able
             to
             bite
             ,
             would
             argue
             little
             prudence
             .
             That
             they
             should
             either
             undertake
             it
             so
             ,
             as
             to
             goe
             thorough
             with
             it
             ,
             or
             to
             let
             it
             alone
             ;
             That
             he
             did
             ask
             them
             ,
             What
             Ammunition
             they
             had
             to
             accommodate
             so
             great
             an
             Army
             ,
             and
             whether
             they
             could
             command
             the
             Ammunition
             in
             the
             Tower.
             That
             
               Wilmot
               ,
               Pollard
            
             ,
             and
             Ashburnham
             ,
             then
             made
             answer
             ,
             they
             had
             no
             purpose
             to
             go
             to
             London
             ,
             for
             to
             surprize
             the
             Tower
             ,
             was
             to
             conquer
             the
             Kingdom
             .
             That
             this
             amongst
             other
             passages
             ,
             was
             part
             of
             the
             discourse
             at
             the
             first
             meeting
             .
          
           
             That
             shortly
             after
             ,
             there
             was
             another
             meeting
             of
             the
             same
             persons
             ,
             and
             in
             the
             same
             place
             in
             Mr.
             Peircies
             Chamber
             ,
             where
             there
             were
             Propositions
             of
             another
             nature
             ,
             Desperate
             and
             Impious
             on
             the
             one
             hand
             ,
             and
             foolish
             on
             the
             other
             :
             and
             that
             he
             endeavoured
             by
             Argument
             to
             divert
             them
             ,
             by
             propounding
             an
             impossibility
             to
             effect
             the
             same
             :
             For
             how
             could
             the
             Army
             lodged
             in
             several
             Quarters
             ,
             unpaid
             ,
             and
             at
             such
             a
             distance
             ,
             march
             on
             a
             sudden
             to
             London
             ,
             and
             surprize
             what
             they
             had
             in
             Design
             ?
          
           
             That
             Mr
             Iermin
             was
             the
             person
             that
             first
             proposed
             the
             marching
             of
             the
             Army
             towards
             London
             ;
             That
             he
             for
             his
             part
             ,
             declared
             himself
             absolutely
             against
             it
             :
             That
             Mr.
             Iermin
             replyed
             to
             him
             in
             private
             ;
             You
             do
             not
             dislike
             the
             Design
             ,
             for
             you
             are
             as
             ready
             for
             any
             wild
             mad
             undertaking
             ,
             as
             any
             man
             I
             know
             ,
             but
             you
             dislike
             the
             temper
             of
             those
             persons
             who
             are
             ingaged
             in
             the
             business
             .
          
           
             He
             did
             further
             confess
             ,
             That
             he
             propounded
             ,
             that
             Suckling
             might
             also
             be
             admitted
             to
             the
             Consultation
             ,
             but
             
               Wilmot
               ,
               Ashburnham
            
             ,
             and
             Pollard
             would
             not
             hear
             of
             it
             ;
             and
             they
             three
             did
             then
             declare
             themselves
             against
             the
             Armys
             marching
             towards
             London
             .
          
           
           
             Then
             he
             took
             occasion
             to
             say
             ,
             That
             he
             did
             acquaint
             some
             Members
             of
             both
             Houses
             ,
             whom
             he
             could
             name
             ,
             that
             there
             were
             some
             of
             the
             Army
             whom
             they
             did
             not
             think
             so
             well
             of
             ,
             were
             more
             faithful
             and
             serviceable
             to
             the
             Parliament
             ,
             than
             they
             were
             aware
             of
             ,
             which
             time
             would
             produce
             ,
             and
             named
             them
             ;
             and
             they
             did
             accordingly
             give
             testimony
             of
             his
             Integrity
             ,
             so
             far
             as
             general
             Terms
             could
             discover
             the
             design
             :
             He
             confessed
             ,
             that
             Mr.
             Iermin
             did
             make
             some
             offers
             unto
             him
             ,
             to
             relinquish
             the
             Government
             of
             Portsmouth
             ,
             upon
             some
             other
             terms
             of
             advantage
             ;
             but
             he
             said
             ,
             he
             did
             not
             conclude
             any
             thing
             ,
             for
             he
             would
             first
             see
             the
             performance
             of
             what
             was
             offered
             ,
             so
             had
             no
             further
             discourse
             with
             him
             concerning
             that
             business
             ,
             but
             he
             doth
             believe
             that
             Suckling
             and
             Iermin
             did
             confer
             together
             about
             the
             Design
             ;
             he
             said
             ,
             they
             did
             desire
             his
             opinion
             about
             a
             General
             ;
             some
             were
             for
             Essex
             ,
             some
             for
             Holland
             ,
             but
             he
             with
             Iermin
             ,
             were
             for
             Newcastle
             .
          
           
             Being
             again
             examined
             upon
             his
             Oath
             ,
             before
             the
             Committee
             of
             Lords
             and
             Commons
             ,
             and
             pressed
             more
             particularly
             to
             answer
             questions
             not
             before
             proposed
             unto
             him
             ;
             He
             did
             confess
             ,
             that
             meeting
             with
             Mr.
             Iermin
             in
             the
             Queens
             Drawing-Chamber
             ,
             Her
             Majesty
             came
             and
             told
             him
             ,
             the
             King
             would
             speak
             with
             him
             ,
             and
             meeting
             with
             His
             Majesty
             ,
             he
             told
             him
             ,
             he
             was
             minded
             to
             set
             His
             Army
             into
             a
             good
             posture
             ,
             being
             advised
             thereto
             by
             the
             Earl
             of
             Bristol
             (
             as
             he
             said
             )
             and
             His
             Majesty
             then
             Commanded
             him
             to
             joyn
             with
             Mr.
             Peircy
             ,
             and
             some
             others
             in
             that
             business
             .
          
           
             As
             for
             the
             Designs
             from
             beyond
             Seas
             ,
             the
             Committee
             did
             make
             Report
             to
             the
             House
             ,
             that
             it
             was
             clear'd
             unto
             them
             ,
             that
             Iermin
             endeavoured
             to
             have
             got
             the
             possession
             of
             Portsmouth
             ;
             That
             the
             King
             of
             France
             had
             drawn
             down
             great
             Forces
             to
             the
             Sea-side
             ;
             That
             the
             Governor
             of
             Calice
             had
             examined
             some
             Englishmen
             ,
             whether
             the
             Earl
             of
             Straffords
             Head
             was
             yet
             off
             ?
             and
             this
             was
             in
             point
             of
             time
             the
             First
             of
             May
             ,
             according
             to
             the
             English
             stile
             ,
             and
             Sir
             
               Philip
               Cartwright
            
             ,
             Governor
             of
             Guernsey
             ,
             wrote
             Letters
             also
             ,
             which
             came
             in
             great
             haste
             ;
             That
             he
             understood
             the
             French
             had
             a
             Design
             upon
             that
             Island
             ,
             or
             some
             part
             of
             England
             .
             It
             also
             appeared
             to
             the
             Committee
             by
             divers
             of
             the
             Letters
             ,
             which
             were
             opened
             coming
             from
             beyond
             Sea
             ,
             that
             they
             expected
             the
             Earl
             of
             Strafford
             there
             ,
             and
             that
             they
             hoped
             the
             Horseleeches
             should
             be
             starved
             for
             want
             of
             Blood
             ;
             and
             in
             some
             of
             those
             Letters
             ,
             there
             was
             advice
             to
             the
             Cardinal
             ,
             to
             bestir
             himself
             betimes
             ,
             to
             interrupt
             the
             height
             of
             the
             proceedings
             here
             in
             England
             .
             Also
             examination
             of
             some
             Priests
             were
             taken
             in
             Lancashire
             ,
             and
             sent
             up
             to
             London
             ,
             which
             were
             there
             taken
             the
             3
             of
             May
             ,
             which
             did
             testify
             ,
             That
             the
             Priests
             did
             say
             ,
             The
             Parliament
             should
             be
             suddenly
             Dissolved
             ,
             for
             the
             Army
             was
             to
             march
             up
             thither
             with
             all
             speed
             ,
             and
             they
             would
             be
             seconded
             by
             Forces
             out
             of
             France
             ;
             and
             that
             Mountague
             did
             write
             out
             of
             France
             to
             Mr
             Peircy
             (
             which
             was
             also
             intercepted
             )
             That
             if
             he
             did
             perform
             what
             he
             had
             undertaken
             ,
             he
             would
             be
             made
             a
             Knight
             of
             the
             Garter
          
           
             
               
                 Mr.
                 Peircys
                 Letter
                 to
                 the
                 Earl
                 of
                 Northumberland
                 ,
                 and
                 by
                 him
                 presented
                 to
                 the
                 Parliament
              
               
                 
                   WHat
                   with
                   my
                   own
                   Innocency
                   ,
                   and
                   the
                   Violence
                   I
                   hear
                   is
                   against
                   
                   me
                   ,
                   I
                   find
                   my self
                   much
                   distracted
                   ;
                   I
                   will
                   not
                   ask
                   your
                   Counsel
                   ,
                   because
                   it
                   may
                   bring
                   prejudice
                   upon
                   you
                   ,
                   but
                   I
                   will
                   with
                   all
                   Faithfulness
                   and
                   Truth
                   tell
                   you
                   ,
                   what
                   my
                   part
                   hath
                   been
                   ,
                   that
                   at
                   least
                   it
                   may
                   be
                   cleared
                   by
                   you
                   ,
                   whatsoever
                   becomes
                   of
                   me
                   .
                
              
               
                 
                   
                   When
                   there
                   was
                   50000
                   l.
                   designed
                   by
                   the
                   Parliament
                   for
                   the
                   English
                   Army
                   ,
                   there
                   was
                   (
                   as
                   I
                   take
                   it
                   )
                   a
                   suddain
                   Demand
                   by
                   the
                   Scots
                   at
                   the
                   same
                   time
                   ,
                   of
                   25000
                   l
                   ,
                   of
                   which
                   there
                   was
                   15000
                   l.
                   ready
                   ;
                   this
                   they
                   pressed
                   with
                   much
                   necessity
                   ,
                   so
                   as
                   the
                   Parliament
                   did
                   (
                   after
                   an
                   Order
                   made
                   )
                   think
                   it
                   fit
                   for
                   them
                   to
                   Reduct
                   10000
                   l.
                   out
                   of
                   the
                   50000
                   l.
                   formerly
                   granted
                   ,
                   upon
                   which
                   ,
                   the
                   Soldiers
                   in
                   our
                   House
                   were
                   much
                   scandalized
                   ,
                   amongst
                   which
                   was
                   one
                   ,
                   and
                   sitting
                   by
                   Wilmot
                   and
                   
                     Ashburnham
                     ,
                     Wilmot
                  
                   stood
                   up
                   and
                   told
                   them
                   ,
                   
                     If
                     that
                     the
                     Scots
                     could
                     procure
                     Money
                     ,
                     he
                     doubted
                     not
                     but
                     the
                     Officers
                     of
                     the
                     English
                     Army
                     might
                     easily
                     do
                     the
                     like
                  
                   ;
                   but
                   the
                   first
                   Order
                   was
                   reversed
                   notwithstanding
                   ,
                   and
                   10000
                   l
                   ,
                   given
                   to
                   the
                   Scots
                   ,
                   this
                   was
                   the
                   cause
                   of
                   many
                   discourses
                   of
                   dislike
                   among
                   us
                   ,
                   and
                   came
                   to
                   this
                   purpose
                   ,
                   That
                   they
                   were
                   disobliged
                   by
                   the
                   Parliament
                   ,
                   and
                   not
                   by
                   the
                   King
                   ,
                   this
                   being
                   said
                   often
                   to
                   one
                   another
                   ,
                   we
                   did
                   Resolve
                   ,
                   that
                   
                     Wilmot
                     ,
                     Ashburnham
                     ,
                     Pollard
                     ,
                     O-Neal
                     ,
                  
                   and
                   my Self
                   ,
                   to
                   make
                   some
                   expressions
                   of
                   serving
                   the
                   King
                   in
                   all
                   things
                   he
                   would
                   Command
                   us
                   ,
                   that
                   were
                   Honourable
                   for
                   Him
                   and
                   us
                   ,
                   being
                   likewise
                   agreeing
                   to
                   the
                   fundamental
                   Laws
                   of
                   the
                   Kingdom
                   ,
                   that
                   so
                   far
                   we
                   would
                   live
                   and
                   dye
                   with
                   him
                   .
                   This
                   was
                   agreed
                   upon
                   with
                   us
                   ,
                   not
                   having
                   any
                   communication
                   with
                   others
                   ,
                   that
                   I
                   am
                   coupled
                   now
                   with
                   all
                   ;
                   and
                   further
                   ,
                   by
                   their
                   joynt
                   consent
                   ,
                   I
                   was
                   to
                   tell
                   His
                   Majesty
                   thus
                   much
                   from
                   them
                   ,
                   but
                   withal
                   ,
                   I
                   was
                   to
                   order
                   the
                   matter
                   so
                   ,
                   as
                   the
                   King
                   might
                   apprehend
                   this
                   as
                   a
                   great
                   Service
                   done
                   unto
                   him
                   at
                   this
                   time
                   ,
                   that
                   when
                   affairs
                   were
                   in
                   so
                   ill
                   a
                   condition
                   ,
                   and
                   they
                   were
                   most
                   confident
                   they
                   would
                   ingage
                   the
                   whole
                   Army
                   thus
                   far
                   ,
                   but
                   further
                   ,
                   they
                   would
                   undertake
                   nothing
                   ,
                   because
                   they
                   would
                   neither
                   infringe
                   the
                   Liberty
                   of
                   the
                   Subjects
                   ,
                   nor
                   destroy
                   the
                   Laws
                   ;
                   to
                   which
                   I
                   and
                   every
                   one
                   consented
                   ;
                   and
                   having
                   their
                   sence
                   ,
                   I
                   drew
                   the
                   Heads
                   up
                   in
                   a
                   Paper
                   ,
                   which
                   they
                   all
                   approved
                   of
                   when
                   I
                   read
                   it
                   ,
                   and
                   then
                   we
                   did
                   by
                   an
                   Oath
                   ,
                   promise
                   one
                   another
                   ,
                   to
                   be
                   constant
                   and
                   secret
                   in
                   all
                   this
                   ,
                   and
                   did
                   all
                   of
                   us
                   take
                   this
                   Oath
                   together
                   ;
                   then
                   I
                   said
                   ,
                   Well
                   Sirs
                   ,
                   I
                   must
                   now
                   be
                   informed
                   ,
                   what
                   your
                   particular
                   desires
                   are
                   ,
                   that
                   so
                   I
                   may
                   be
                   the
                   better
                   able
                   to
                   serve
                   you
                   ,
                   which
                   they
                   were
                   pleased
                   to
                   do
                   ;
                   and
                   so
                   I
                   did
                   very
                   faithfully
                   serve
                   them
                   therein
                   ,
                   as
                   far
                   as
                   I
                   could
                   :
                   This
                   is
                   the
                   Truth
                   ,
                   and
                   all
                   the
                   Truth
                   ,
                   upon
                   my
                   Soul.
                   In
                   particular
                   discourses
                   after
                   that
                   ,
                   we
                   did
                   fall
                   upon
                   the
                   petitioning
                   to
                   the
                   King
                   and
                   Parliament
                   for
                   Moneys
                   ,
                   there
                   being
                   so
                   great
                   Arrears
                   due
                   to
                   us
                   ,
                   and
                   so
                   much
                   delays
                   made
                   in
                   the
                   procuring
                   of
                   them
                   ,
                   but
                   that
                   was
                   never
                   done
                   .
                
              
               
                 
                   The
                   Heads
                   were
                   these
                   .
                
                 
                   1.
                   
                   Concerning
                   the
                   Bishops
                   Functions
                   and
                   Votes
                   .
                
                 
                   2.
                   
                   The
                   not
                   disbanding
                   of
                   the
                   Irish
                   Army
                   ,
                   until
                   the
                   Scots
                   were
                   disbanded
                   to
                   .
                
                 
                   3.
                   
                   The
                   endeavouring
                   to
                   settle
                   His
                   Majesties
                   Revenue
                   to
                   that
                   proportion
                   it
                   was
                   formerly
                   .
                
              
               
                 
                   And
                   it
                   was
                   resolved
                   by
                   us
                   all
                   ,
                   if
                   the
                   King
                   should
                   require
                   our
                   assistance
                   in
                   those
                   things
                   ,
                   that
                   as
                   far
                   as
                   we
                   could
                   ,
                   we
                   might
                   contribute
                   thereunto
                   ,
                   without
                   breaking
                   the
                   Laws
                   of
                   the
                   Kingdom
                   .
                   And
                   in
                   case
                   the
                   King
                   should
                   be
                   denyed
                   ,
                   those
                   things
                   being
                   put
                   to
                   them
                   ,
                   we
                   would
                   not
                   fly
                   from
                   him
                   :
                   all
                   these
                   persons
                   did
                   Act
                   and
                   Concur
                   in
                   this
                   as
                   well
                   as
                   I.
                   This
                   being
                   all
                   imparted
                   to
                   the
                   King
                   by
                   me
                   from
                   them
                   ,
                   I
                   perceived
                   he
                   had
                   been
                   Treated
                   with
                   by
                   others
                   ,
                   concerning
                   some
                   things
                   of
                   our
                   Army
                   which
                   agreed
                   not
                   with
                   what
                   was
                   proposed
                   by
                   me
                   ,
                   but
                   tended
                   to
                   a
                   way
                   more
                   sharp
                   and
                   high
                   ,
                   not
                   having
                   limits
                   ,
                   either
                   of
                   Honor
                   or
                   Law.
                   I
                   told
                   the
                   
                   King
                   he
                   might
                   be
                   pleased
                   to
                   consider
                   with
                   himself
                   ,
                   which
                   of
                   the
                   ways
                   it
                   was
                   fit
                   for
                   him
                   to
                   hearken
                   unto
                   ?
                   for
                   us
                   ,
                   we
                   were
                   resolved
                   not
                   to
                   depart
                   from
                   our
                   grounds
                   ;
                   we
                   should
                   not
                   be
                   displeased
                   whosoever
                   they
                   were
                   ,
                   but
                   the
                   particular
                   of
                   the
                   Designs
                   ,
                   or
                   the
                   Persons
                   ,
                   we
                   desired
                   not
                   to
                   know
                   ,
                   though
                   it
                   was
                   no
                   hard
                   matter
                   to
                   guess
                   at
                   them
                   ;
                   In
                   the
                   end
                   ,
                   I
                   believe
                   the
                   danger
                   of
                   the
                   one
                   ,
                   and
                   the
                   justice
                   of
                   the
                   other
                   made
                   the
                   King
                   tell
                   me
                   ,
                   he
                   would
                   cast
                   off
                   all
                   thoughts
                   of
                   other
                   Propositions
                   but
                   ours
                   ,
                   as
                   things
                   not
                   practicable
                   ,
                   but
                   desired
                   notwithstanding
                   ,
                   that
                   Goring
                   and
                   Iermin
                   ,
                   who
                   were
                   acquainted
                   with
                   the
                   other
                   proceedings
                   ,
                   should
                   be
                   admitted
                   amongst
                   us
                   ;
                   I
                   told
                   him
                   ,
                   I
                   thought
                   the
                   other
                   Gentry
                   would
                   never
                   consent
                   to
                   it
                   ,
                   but
                   I
                   would
                   propose
                   it
                   ,
                   which
                   I
                   did
                   ,
                   and
                   we
                   were
                   all
                   much
                   against
                   it
                   ,
                   but
                   the
                   King
                   did
                   press
                   it
                   so
                   much
                   ,
                   as
                   at
                   the
                   last
                   it
                   was
                   consented
                   unto
                   ,
                   and
                   Goring
                   and
                   Iermin
                   came
                   to
                   my
                   Chamber
                   there
                   :
                   I
                   was
                   appointed
                   to
                   tell
                   them
                   ,
                   after
                   they
                   had
                   sworn
                   to
                   Secrecy
                   ,
                   what
                   we
                   had
                   proposed
                   ,
                   which
                   I
                   did
                   ;
                   But
                   before
                   I
                   go
                   into
                   the
                   Debate
                   of
                   the
                   way
                   ,
                   I
                   must
                   tell
                   you
                   ,
                   Iermin
                   and
                   Goring
                   were
                   very
                   earnest
                   Suckling
                   should
                   be
                   admitted
                   ,
                   which
                   we
                   did
                   all
                   decline
                   ,
                   and
                   was
                   desired
                   by
                   all
                   our
                   men
                   to
                   be
                   resolute
                   in
                   it
                   ,
                   which
                   I
                   was
                   ,
                   and
                   gave
                   many
                   Reasons
                   ;
                   whereupon
                   Mr.
                   Goring
                   made
                   answer
                   ,
                   he
                   was
                   ingaged
                   with
                   Suckling
                   ,
                   his
                   being
                   imployed
                   in
                   the
                   Army
                   ;
                   but
                   for
                   his
                   meeting
                   with
                   us
                   ,
                   they
                   were
                   content
                   to
                   pass
                   it
                   by
                   :
                   Then
                   we
                   took
                   up
                   again
                   the
                   ways
                   that
                   were
                   proposed
                   ,
                   which
                   took
                   great
                   debate
                   ,
                   and
                   theirs
                   differed
                   from
                   ours
                   in
                   Violence
                   and
                   Heigth
                   ,
                   which
                   we
                   all
                   protested
                   against
                   ,
                   and
                   parted
                   disagreeing
                   totally
                   ,
                   yet
                   remitted
                   it
                   to
                   be
                   spoken
                   of
                   by
                   me
                   and
                   Iermin
                   to
                   the
                   King
                   ,
                   which
                   we
                   both
                   did
                   ,
                   and
                   the
                   King
                   constant
                   to
                   his
                   former
                   Resolutions
                   ,
                   told
                   them
                   these
                   wayes
                   were
                   all
                   vain
                   and
                   foolish
                   ,
                   and
                   would
                   think
                   of
                   them
                   no
                   more
                   .
                   I
                   omit
                   one
                   thing
                   of
                   Mr.
                   Goring
                   ,
                   he
                   desired
                   to
                   know
                   how
                   the
                   Chief
                   Commands
                   were
                   to
                   be
                   disposed
                   of
                   ,
                   for
                   if
                   he
                   had
                   not
                   a
                   Condition
                   worthy
                   of
                   himself
                   ,
                   he
                   would
                   not
                   go
                   along
                   with
                   us
                   ;
                   We
                   made
                   answer
                   ,
                   That
                   no
                   body
                   thought
                   of
                   that
                   ;
                   we
                   intended
                   ,
                   if
                   we
                   were
                   sent
                   down
                   ,
                   to
                   go
                   all
                   in
                   the
                   same
                   capacity
                   we
                   were
                   in
                   ,
                   he
                   did
                   not
                   like
                   that
                   by
                   any
                   means
                   ,
                   and
                   by
                   that
                   did
                   work
                   so
                   with
                   Mr.
                   Chidley
                   ,
                   that
                   there
                   was
                   a
                   Letter
                   sent
                   by
                   some
                   of
                   the
                   Commanders
                   ,
                   to
                   make
                   him
                   Lieutenant-General
                   ;
                   and
                   when
                   he
                   had
                   ordered
                   this
                   matter
                   at
                   London
                   ,
                   and
                   Mr.
                   Chidley
                   had
                   his
                   Instructions
                   ,
                   then
                   did
                   he
                   go
                   to
                   Portsmouth
                   ,
                   pretending
                   to
                   be
                   absent
                   when
                   this
                   was
                   a
                   working
                   ;
                   we
                   all
                   desired
                   ,
                   my
                   Lords
                   of
                   Essex
                   or
                   Holland
                   to
                   be
                   General
                   ,
                   but
                   Goring
                   and
                   Iermin
                   were
                   for
                   Newcastle
                   .
                   They
                   were
                   pleased
                   to
                   give
                   Report
                   ,
                   that
                   I
                   should
                   be
                   General
                   of
                   the
                   Horse
                   ,
                   but
                   I
                   protest
                   ,
                   neither
                   to
                   the
                   King
                   ,
                   nor
                   any
                   else
                   ,
                   did
                   I
                   so
                   much
                   as
                   think
                   of
                   it
                   ;
                   My
                   Lord
                   of
                   Holland
                   was
                   made
                   General
                   ,
                   and
                   so
                   all
                   things
                   were
                   laid
                   aside
                   :
                   and
                   this
                   is
                   the
                   Truth
                   ,
                   and
                   all
                   the
                   Truth
                   I
                   knew
                   of
                   these
                   proceedings
                   ;
                   and
                   this
                   I
                   will
                   ,
                   and
                   do
                   protest
                   unto
                   you
                   upon
                   my
                   Faith
                   ,
                   and
                   
                     Wilmot
                     ,
                     Ashburnham
                  
                   ,
                   and
                   O-Neal
                   ,
                   have
                   at
                   several
                   times
                   confessed
                   and
                   sworn
                   ;
                   I
                   never
                   said
                   any
                   thing
                   in
                   the
                   business
                   ,
                   they
                   did
                   not
                   every
                   one
                   agree
                   unto
                   and
                   justify
                   .
                   This
                   Relation
                   I
                   sent
                   you
                   ,
                   rather
                   to
                   inform
                   you
                   of
                   the
                   truth
                   of
                   the
                   matter
                   ,
                   that
                   you
                   may
                   the
                   better
                   know
                   how
                   to
                   do
                   me
                   good
                   ,
                   but
                   I
                   should
                   think
                   my self
                   very
                   unhappy
                   to
                   be
                   made
                   a
                   betrayer
                   of
                   any
                   body
                   ;
                   what
                   concerned
                   the
                   Tower
                   ,
                   or
                   any
                   thing
                   else
                   ,
                   I
                   never
                   medled
                   withal
                   ,
                   nor
                   ever
                   spake
                   with
                   Goring
                   ,
                   but
                   that
                   night
                   before
                   them
                   all
                   ,
                   and
                   I
                   said
                   nothing
                   but
                   what
                   was
                   consented
                   unto
                   by
                   any
                   party
                   ;
                   I
                   never
                   spake
                   one
                   word
                   with
                   
                     Suckling
                     ,
                     Carnarvan
                     ,
                     Davenant
                  
                   ,
                   or
                   any
                   other
                   creature
                   .
                   Methinks
                   ,
                   if
                   my
                   Friends
                   and
                   kindred
                   knew
                   the
                   Truth
                   and
                   Justice
                   of
                   the
                   matter
                   ,
                   it
                   were
                   no
                   hard
                   matter
                   to
                   serve
                   me
                   in
                   some
                   measure
                   .
                
              
            
          
           
             
               
               
                 Afterwards
                 was
                 read
                 Father
                 
                 Philips's
                 Letter
                 to
                 Mr.
                 Mountague
                 ,
                 as
                 followeth
                 ;
              
               
                 THe
                 good
                 King
                 and
                 Queen
                 are
                 left
                 very
                 naked
                 ;
                 the
                 Puritans
                 ,
                 if
                 
                 they
                 durst
                 ,
                 would
                 pull
                 the
                 good
                 Queen
                 in
                 pieces
                 .
                 Can
                 the
                 good
                 King
                 of
                 France
                 ,
                 suffer
                 a
                 Daughter
                 of
                 France
                 ,
                 his
                 Sister
                 ,
                 and
                 her
                 Children
                 to
                 be
                 thus
                 affronted
                 ?
                 Can
                 the
                 wise
                 Cardinal
                 endure
                 England
                 and
                 Scotland
                 to
                 unite
                 ,
                 and
                 not
                 be
                 able
                 to
                 discern
                 ,
                 in
                 the
                 end
                 ,
                 it
                 is
                 like
                 they
                 will
                 joyn
                 together
                 ,
                 and
                 turn
                 head
                 against
                 France
                 ?
                 A
                 stirring
                 active
                 Ambassador
                 might
                 do
                 good
                 here
                 ;
                 I
                 have
                 sent
                 you
                 a
                 Copy
                 of
                 the
                 Kings
                 Speech
                 on
                 Saturday
                 last
                 ,
                 at
                 which
                 time
                 he
                 discharged
                 his
                 Conscience
                 concerning
                 the
                 Earl
                 of
                 Strafford
                 ,
                 and
                 was
                 advised
                 to
                 make
                 that
                 Speech
                 by
                 the
                 Earl
                 of
                 Bristol
                 ,
                 and
                 the
                 Lord
                 Savile
                 .
              
               
                 This
                 Speech
                 did
                 much
                 operate
                 to
                 the
                 disadvantage
                 of
                 the
                 Earl
                 of
                 Strafford
                 ,
                 for
                 the
                 Commons
                 were
                 thereby
                 much
                 incensed
                 and
                 inflamed
                 against
                 him
                 ,
                 and
                 this
                 brought
                 forth
                 the
                 next
                 day
                 ,
                 being
                 Monday
                 ,
                 a
                 Protestation
                 which
                 was
                 taken
                 in
                 both
                 Houses
                 of
                 Parliament
                 of
                 the
                 same
                 nature
                 ,
                 but
                 rather
                 worse
                 than
                 the
                 
                   Scotch
                   Covenant
                
                 .
              
               
                 The
                 Londoners
                 ,
                 who
                 are
                 very
                 boysterous
                 ,
                 came
                 upon
                 Monday
                 ,
                 5
                 or
                 600
                 ,
                 and
                 were
                 so
                 rude
                 ,
                 that
                 they
                 would
                 not
                 suffer
                 the
                 Lords
                 to
                 come
                 and
                 go
                 quietly
                 and
                 peaceably
                 to
                 their
                 House
                 ,
                 but
                 threatened
                 them
                 ,
                 that
                 if
                 they
                 had
                 not
                 Justice
                 ,
                 and
                 if
                 they
                 had
                 not
                 his
                 Life
                 ,
                 it
                 should
                 go
                 hard
                 for
                 all
                 those
                 that
                 stood
                 for
                 him
                 ;
                 following
                 them
                 up
                 and
                 down
                 ,
                 and
                 call●g
                 for
                 
                   Iustice
                   ,
                   Iustice
                   ,
                   Iustice.
                
                 
              
               
                 There
                 was
                 in
                 the
                 House
                 of
                 Commons
                 Fifty
                 six
                 that
                 denyed
                 to
                 pass
                 the
                 Earl
                 of
                 Straffords
                 Bill
                 ;
                 their
                 Names
                 were
                 taken
                 ,
                 and
                 they
                 were
                 fixed
                 upon
                 Posts
                 in
                 divers
                 parts
                 in
                 London
                 ,
                 and
                 there
                 was
                 written
                 over
                 head
                 ,
                 
                   These
                   are
                
                 Straffordians
                 ,
                 
                   the
                   Betrayers
                   of
                   their
                   Countrey
                
                 .
              
               
                 By
                 this
                 means
                 it
                 came
                 to
                 pass
                 ,
                 that
                 the
                 Lords
                 and
                 Judges
                 were
                 much
                 affrighted
                 ,
                 and
                 the
                 most
                 of
                 his
                 friends
                 in
                 the
                 Lords
                 House
                 forsook
                 him
                 ,
                 all
                 the
                 Popish
                 Lords
                 did
                 absent
                 themselves
                 ,
                 the
                 Lords
                 of
                 Holland
                 and
                 Hartford
                 were
                 absent
                 ,
                 so
                 was
                 Bristol
                 and
                 others
                 ;
                 Savil
                 and
                 the
                 Duke
                 only
                 stuck
                 close
                 and
                 faithfully
                 to
                 him
                 ,
                 and
                 some
                 few
                 other
                 Lords
                 ;
                 God
                 knows
                 ,
                 the
                 King
                 is
                 much
                 dejected
                 ,
                 the
                 Lords
                 much
                 affrighted
                 ,
                 which
                 made
                 the
                 Citizens
                 and
                 the
                 House
                 of
                 Commons
                 shew
                 their
                 heads
                 ;
                 some
                 have
                 braved
                 little
                 less
                 than
                 to
                 Unthrown
                 His
                 Majesty
                 ,
                 Who
                 ,
                 if
                 He
                 had
                 but
                 an
                 ordinary
                 Spirit
                 ,
                 might
                 easily
                 quash
                 and
                 suppress
                 these
                 people
                 .
                 Our
                 good
                 Queen
                 is
                 much
                 afflicted
                 ,
                 and
                 in
                 my
                 conscience
                 ,
                 the
                 Puritans
                 ,
                 if
                 they
                 durst
                 ,
                 would
                 tear
                 her
                 in
                 pieces
                 .
                 This
                 cannot
                 be
                 for
                 the
                 Honor
                 of
                 France
                 ,
                 to
                 endure
                 a
                 Daughter
                 of
                 that
                 Nation
                 ,
                 to
                 be
                 oppressed
                 and
                 affronted
                 .
              
               
                 The
                 Earl
                 of
                 Holland
                 is
                 made
                 General
                 of
                 the
                 Army
                 ,
                 whither
                 he
                 is
                 gone
                 
                 down
                 ;
                 the
                 Earl
                 of
                 Newport
                 ,
                 Master
                 of
                 the
                 Ordinance
                 ;
                 Ballfower
                 ,
                 Lieutenant
                 of
                 the
                 Tower
                 ,
                 hath
                 proved
                 an
                 errand
                 Traitor
                 to
                 the
                 King
                 ,
                 who
                 Commanded
                 him
                 upon
                 his
                 Allegiance
                 ,
                 to
                 receive
                 a
                 Captain
                 and
                 100
                 Men
                 into
                 the
                 Tower
                 ,
                 which
                 he
                 most
                 Traiterously
                 refused
                 to
                 do
                 .
              
               
                 There
                 was
                 a
                 Report
                 in
                 London
                 ,
                 that
                 the
                 Parliament
                 House
                 was
                 on
                 fire
                 ,
                 whereupon
                 there
                 were
                 many
                 thousands
                 of
                 people
                 very
                 suddainly
                 gathered
                 together
                 ;
                 whereby
                 you
                 may
                 easily
                 see
                 the
                 height
                 and
                 violence
                 of
                 the
                 peoples
                 affections
                 ,
              
               
                 
                   
                     May
                     the
                     6th
                     .
                     
                       Ann.
                       Dom.
                    
                     1641.
                     
                  
                
              
            
          
           
           
             Upon
             the
             reading
             of
             this
             Letter
             ,
             and
             exceptions
             taken
             to
             his
             expression
             ,
             That
             
               the
               Puritans
               would
               tear
               the
               Queen
               in
               pieces
               ,
            
             and
             to
             other
             passages
             
             in
             the
             Letter
             ;
             and
             upon
             Information
             also
             given
             ,
             of
             his
             endeavouring
             to
             seduce
             the
             Kings
             Subjects
             to
             the
             Popish
             Religion
             :
             it
             was
             ordered
             he
             should
             be
             sent
             for
             to
             be
             examined
             ;
             who
             thereupon
             applyed
             himself
             to
             His
             Majesty
             ,
             and
             the
             King
             told
             him
             ,
             he
             would
             know
             what
             the
             business
             was
             before
             he
             should
             go
             ,
             as
             Philips
             told
             the
             Serjeant
             ,
             and
             so
             refused
             to
             come
             with
             him
             ;
             Hereupon
             the
             House
             of
             Commons
             desired
             Mr.
             Treasurer
             to
             acquaint
             His
             Majesty
             ,
             That
             they
             had
             some
             cause
             to
             examine
             
               Francis
               Philips
            
             ,
             a
             Romish
             Priest
             ,
             and
             to
             that
             end
             sent
             him
             a
             Summons
             ,
             which
             he
             doth
             refuse
             to
             obey
             ,
             and
             makes
             His
             Majesties
             House
             a
             Sanctuary
             in
             case
             of
             High
             Treason
             ;
             That
             in
             respect
             to
             His
             Majesty
             ,
             the
             House
             doth
             forbear
             to
             take
             further
             course
             herein
             ,
             till
             His
             Majesty
             be
             further
             acquainted
             with
             it
             .
          
           
             Hereupon
             Father
             Philips
             appeared
             ,
             and
             was
             called
             to
             the
             Bar
             of
             the
             
             House
             ,
             where
             he
             first
             kneeled
             ,
             and
             afterwards
             stood
             up
             ,
             and
             being
             demanded
             the
             reason
             ,
             wherefore
             he
             appeared
             not
             ?
             He
             answered
             ,
             because
             the
             Warrant
             was
             to
             apprehend
             
               Francis
               Philips
            
             ,
             and
             his
             name
             was
             
               Robert
               Philips
            
             ,
             and
             that
             the
             Queen
             wish'd
             him
             to
             stay
             till
             he
             had
             spoken
             with
             the
             King
             ,
             and
             the
             King
             told
             him
             ,
             the
             House
             may
             send
             for
             him
             ,
             when
             they
             call
             for
             any
             of
             his
             Servants
             ,
             till
             then
             he
             need
             not
             goe
             ;
             and
             the
             Letter
             before
             mentioned
             ,
             being
             produced
             unto
             him
             ,
             he
             confessed
             the
             same
             to
             be
             his
             own
             Hand-writing
             .
             The
             further
             examination
             of
             this
             business
             ,
             was
             referred
             to
             the
             Committee
             for
             the
             Popish
             Hierarchy
             ,
             who
             drew
             up
             this
             Impeachment
             following
             ,
          
           
             
               
                 
                   
                     
                       The
                       Impeachment
                       ,
                       and
                       Articles
                       of
                       Complaint
                       against
                       Father
                    
                     Philips
                     ,
                     
                       the
                       Queens
                       Confessor
                       ,
                       lately
                       committed
                       to
                       the
                    
                     Tower
                     
                       by
                       the
                       Parliament
                    
                     .
                  
                   
                     I.
                     THat
                     the
                     said
                     Father
                     Philips
                     hath
                     been
                     observed
                     to
                     be
                     a
                     great
                     cause
                     ,
                     both
                     in
                     himself
                     and
                     his
                     Adherents
                     ,
                     of
                     a
                     great
                     part
                     of
                     the
                     unquietness
                     of
                     this
                     State.
                     
                  
                   
                     II.
                     He
                     ,
                     with
                     Parsons
                     ,
                     and
                     others
                     their
                     Assistants
                     ,
                     were
                     the
                     only
                     cause
                     that
                     the
                     Pope
                     was
                     stirred
                     up
                     to
                     some
                     Breves
                     to
                     these
                     Kingdoms
                     of
                     England
                     and
                     Scotland
                     ,
                     to
                     hinder
                     the
                     Oath
                     of
                     Allegiance
                     ,
                     and
                     lawful
                     Obedience
                     of
                     the
                     Subjects
                     to
                     Our
                     Gracious
                     King
                     ,
                     that
                     so
                     they
                     may
                     still
                     fish
                     in
                     troubled
                     waters
                     .
                  
                   
                     III.
                     The
                     damnable
                     Doctrine
                     which
                     he
                     and
                     other
                     Jesuits
                     have
                     taught
                     ,
                     to
                     Destroy
                     ,
                     and
                     Depose
                     Kings
                     ,
                     hath
                     been
                     the
                     cause
                     of
                     the
                     Civil
                     Wars
                     ,
                     like
                     to
                     befall
                     these
                     Kingdoms
                     ,
                     if
                     God
                     in
                     his
                     mercy
                     do
                     not
                     prevent
                     it
                     .
                  
                   
                     IV.
                     They
                     have
                     been
                     the
                     cause
                     of
                     the
                     Monopolies
                     projected
                     in
                     this
                     Kingdom
                     ,
                     especially
                     concerning
                     Soap
                     ,
                     the
                     Forrest
                     of
                     Dean
                     ,
                     and
                     marking
                     of
                     Butter-Cask
                     ,
                     where
                     all
                     the
                     Parties
                     were
                     Partners
                     ,
                     and
                     Confederates
                     with
                     them
                     ,
                     as
                     Sir
                     
                       Basil
                       Brook
                    
                     ,
                     Sir
                     
                       Iohn
                       Winter
                    
                     ,
                     and
                     a
                     Brother-in-law
                     of
                     the
                     said
                     Sir
                     Iohn
                     ,
                     that
                     lived
                     in
                     Worcestershire
                     ,
                     and
                     Mr.
                     Ployden
                     ,
                     whose
                     Servant
                     named
                     Baldwin
                     ,
                     hath
                     been
                     seen
                     to
                     deliver
                     to
                     Captain
                     Read
                     ,
                     a
                     Substitute
                     of
                     the
                     Jesuits
                     ,
                     an
                     hundred
                     pound
                     at
                     a
                     time
                     to
                     one
                     Jesuite
                     .
                  
                   
                   
                     V.
                     Father
                     Philips
                     hath
                     been
                     a
                     great
                     Actor
                     with
                     the
                     Superior
                     of
                     the
                     Capuchins
                     ,
                     who
                     is
                     a
                     most
                     turbulent
                     Spirit
                     ,
                     and
                     was
                     sent
                     thither
                     by
                     Cardinal
                     Richlieu
                     of
                     France
                     ,
                     to
                     be
                     a
                     spy
                     at
                     this
                     Court
                     for
                     the
                     French
                     Faction
                     :
                     And
                     hath
                     therefore
                     laboured
                     by
                     all
                     means
                     to
                     breed
                     dissentions
                     ;
                     for
                     the
                     French
                     aim
                     at
                     nothing
                     more
                     ,
                     then
                     to
                     make
                     a
                     Schism
                     betwixt
                     the
                     English
                     and
                     the
                     Scots
                     ,
                     that
                     this
                     State
                     might
                     so
                     be
                     weakened
                     ,
                     and
                     made
                     unable
                     to
                     withstand
                     them
                     ,
                     that
                     so
                     they
                     might
                     have
                     an
                     opportunity
                     to
                     conquer
                     these
                     Kingdoms
                     ;
                     these
                     unquiet
                     Spirits
                     having
                     access
                     to
                     Her
                     Majesty
                     ,
                     may
                     importune
                     things
                     not
                     fit
                     for
                     the
                     State.
                     
                  
                   
                     VI.
                     The
                     said
                     Father
                     Philips
                     hath
                     been
                     guided
                     by
                     a
                     Gray
                     Fryer
                     ,
                     who
                     by
                     degrees
                     hath
                     intruded
                     himself
                     to
                     be
                     a
                     Clerk
                     of
                     Her
                     Majestys
                     Chappel
                     ,
                     and
                     Chaplain
                     Extraord
                     .
                     in
                     time
                     of
                     progress
                     ,
                     who
                     when
                     he
                     is
                     out
                     of
                     London
                     ,
                     goeth
                     by
                     the
                     name
                     of
                     Mr.
                     Wilson
                     ,
                     but
                     his
                     true
                     name
                     is
                     
                       Will.
                       Thomson
                    
                     Dr.
                     of
                     Divinity
                     ,
                     as
                     some
                     Jesuits
                     have
                     affirmed
                     ;
                     but
                     a
                     most
                     furious
                     Spirit
                     ,
                     and
                     unquiet
                     ,
                     and
                     therefore
                     by
                     Nickname
                     ,
                     is
                     by
                     some
                     called
                     Cacafugo
                     ,
                     that
                     is
                     as
                     much
                     as
                     if
                     in
                     English
                     you
                     should
                     say
                     Shit-fire
                     ;
                     by
                     whom
                     Father
                     Philips
                     hath
                     been
                     so
                     led
                     ,
                     that
                     he
                     hath
                     been
                     very
                     officious
                     to
                     perform
                     whatsoever
                     he
                     would
                     have
                     done
                     .
                     These
                     two
                     have
                     ruled
                     all
                     the
                     business
                     concerning
                     the
                     two
                     Kingdoms
                     on
                     the
                     Papists
                     parts
                     ,
                     and
                     for
                     the
                     most
                     part
                     of
                     Rome
                     also
                     .
                  
                   
                     VII
                     .
                     The
                     said
                     Father
                     Philips
                     hath
                     placed
                     many
                     unfit
                     persons
                     about
                     Her
                     Majesty
                     ,
                     viz.
                     Sir
                     
                       Iohn
                       Winter
                    
                     to
                     be
                     Her
                     Majesties
                     Secretary
                     ,
                     Signior
                     Georgeo
                     come
                     late
                     Agent
                     from
                     the
                     Pope
                     ,
                     his
                     Brother
                     was
                     by
                     his
                     means
                     admitted
                     to
                     be
                     Servant
                     Extraordinary
                     to
                     the
                     Queen
                     ,
                     a
                     man
                     altogether
                     unfit
                     for
                     that
                     place
                     ,
                     a
                     most
                     scandalous
                     person
                     ,
                     having
                     three
                     Wives
                     ,
                     all
                     now
                     alive
                     .
                  
                   
                     VIII
                     .
                     Sundry
                     persons
                     by
                     the
                     said
                     Father
                     Philips
                     have
                     been
                     admitted
                     to
                     be
                     the
                     Queens
                     Servants
                     Extraordinary
                     ,
                     by
                     some
                     supposed
                     Office
                     or
                     other
                     ,
                     as
                     Mr.
                     
                       Laburn
                       ,
                       Geo.
                       Gage
                    
                     ,
                     (
                     Brother
                     to
                     Col.
                     Gage
                     )
                     have
                     both
                     Oratorian
                     Priests
                     ,
                     the
                     one
                     of
                     the
                     French
                     Faction
                     very
                     seditious
                     ,
                     the
                     other
                     of
                     the
                     Spanish
                     ,
                     whose
                     Brother
                     is
                     now
                     left
                     Resident
                     at
                     Rome
                     for
                     them
                     ,
                     by
                     his
                     Master
                     Mr.
                     
                       William
                       Hamilton
                    
                     late
                     Agent
                     at
                     
                       Rome
                       ;
                       Penrick
                    
                     is
                     sworn
                     Servant
                     Extraordinary
                     to
                     Her
                     Majesty
                     ,
                     who
                     is
                     a
                     sworn
                     Spaniard
                     ,
                     and
                     Intelligencer
                     for
                     Rome
                     ,
                     in
                     respect
                     his
                     Brother
                     is
                     Agent
                     here
                     by
                     Father
                     Philips
                     ;
                     these
                     and
                     many
                     others
                     ,
                     who
                     are
                     factious
                     and
                     turbulent
                     spirits
                     ,
                     have
                     by
                     Father
                     Philips
                     his
                     means
                     ,
                     received
                     protection
                     from
                     the
                     Queens
                     Majesty
                     .
                  
                   
                     IX
                     .
                     The
                     said
                     Philips
                     hath
                     been
                     much
                     ruled
                     by
                     Sir
                     
                       Toby
                       Mathews
                    
                     ,
                     Sir
                     
                       Iohn
                       Winter
                    
                     ,
                     and
                     Mr.
                     
                       Walter
                       Mountague
                    
                     .
                  
                   
                     X.
                     He
                     was
                     very
                     forward
                     with
                     his
                     Complices
                     ,
                     for
                     the
                     breaking
                     of
                     the
                     Ice
                     to
                     begin
                     the
                     Treaty
                     here
                     for
                     the
                     Popes
                     Honors
                     sake
                     ,
                     and
                     when
                     Sir
                     
                       Robert
                       Dowglas
                    
                     ,
                     and
                     
                       Signior
                       Georgio
                    
                     were
                     nominated
                     ,
                     whom
                     he
                     thought
                     most
                     fit
                     ,
                     Cardinal
                     Richlieu
                     was
                     thought
                     fittest
                     to
                     be
                     the
                     man
                     who
                     should
                     direct
                     him
                     to
                     begin
                     the
                     correspondency
                     between
                     the
                     Pope
                     and
                     the
                     Queen
                     ,
                     and
                     therefore
                     he
                     was
                     sent
                     to
                     France
                     with
                     many
                     Letters
                     ,
                     and
                     from
                     thence
                     he
                     was
                     dispatched
                     for
                     Rome
                     by
                     the
                     Cardinal
                     ,
                     where
                     he
                     was
                     received
                     with
                     great
                     respect
                     ;
                     and
                     after
                     a
                     Viatick
                     ,
                     he
                     was
                     dispatched
                     again
                     for
                     England
                     with
                     some
                     few
                     small
                     Gifts
                     ,
                     as
                     
                       Pictures
                       ,
                       Crosses
                       ,
                       Agnus
                       Dei's
                       ,
                    
                     and
                     such
                     like
                     Popish
                     stuff
                     ,
                     to
                     Father
                     Philips
                     .
                  
                   
                   
                     XI
                     .
                     The
                     said
                     Father
                     Philips
                     was
                     the
                     chief
                     Agent
                     in
                     correspondency
                     with
                     ,
                     and
                     bringing
                     in
                     of
                     Signior
                     
                       Georgio
                       Parsons
                    
                     ,
                     the
                     Oratorian
                     Priest
                     ,
                     by
                     whose
                     direction
                     this
                     Priest
                     ,
                     being
                     at
                     Paris
                     ,
                     left
                     wearing
                     of
                     Priests
                     Cloaths
                     ,
                     and
                     went
                     in
                     the
                     Habit
                     of
                     a
                     Gentleman
                     ;
                     and
                     because
                     he
                     had
                     a
                     shaven
                     Crown
                     ,
                     therefore
                     he
                     wore
                     a
                     Periwig
                     ,
                     and
                     Father
                     Philips
                     directed
                     all
                     those
                     that
                     sent
                     to
                     write
                     to
                     him
                     ,
                     as
                     to
                     an
                     Italian
                     Gentleman
                     ,
                     desirous
                     to
                     see
                     these
                     Kingdoms
                     ,
                     and
                     by
                     Father
                     
                     Philips's
                     direction
                     ,
                     he
                     afterwards
                     came
                     hither
                     ,
                     who
                     did
                     here
                     contrive
                     for
                     the
                     space
                     of
                     two
                     years
                     ,
                     practising
                     great
                     and
                     dangerous
                     Innovations
                     from
                     place
                     to
                     place
                     ,
                     and
                     then
                     having
                     dispatched
                     his
                     business
                     ,
                     returns
                     to
                     Rome
                     with
                     great
                     Presents
                     from
                     the
                     Catholicks
                     of
                     the
                     greater
                     sort
                     .
                  
                   
                     XII
                     .
                     Whereas
                     it
                     hath
                     pleased
                     God
                     to
                     bless
                     us
                     with
                     a
                     hopeful
                     Prince
                     ,
                     to
                     the
                     comfort
                     of
                     our
                     King
                     and
                     Kingdom
                     ,
                     yet
                     the
                     said
                     Father
                     Philips
                     hath
                     attempted
                     to
                     traduce
                     his
                     tender
                     years
                     to
                     Popery
                     ;
                     but
                     God
                     hath
                     prevented
                     him
                     of
                     his
                     purpose
                     ,
                     and
                     let
                     us
                     pray
                     to
                     God
                     to
                     preserve
                     that
                     Royal
                     Race
                     from
                     Popery
                     ,
                     and
                     the
                     whole
                     Land
                     from
                     all
                     Innovations
                     ,
                     that
                     Our
                     Gracious
                     King
                     may
                     rule
                     Gloriously
                     ,
                     and
                     the
                     whole
                     Land
                     live
                     in
                     peace
                     to
                     the
                     Honor
                     of
                     God
                     ,
                     and
                     Comfort
                     of
                     us
                     all
                     ,
                     Amen
                     .
                  
                   
                     Resolved
                     ,
                     That
                     Mr.
                     
                       Henry
                       Peircy
                    
                     in
                     the
                     Months
                     of
                     March
                     and
                     April
                     last
                     ,
                     
                     in
                     the
                     Parish
                     of
                     
                       St.
                       Martins
                    
                     ,
                     in
                     the
                     County
                     of
                     Middlesex
                     ,
                     did
                     compass
                     ,
                     Plot
                     ,
                     and
                     Conspire
                     with
                     others
                     ,
                     to
                     draw
                     the
                     Army
                     together
                     ,
                     and
                     imploy
                     the
                     same
                     against
                     the
                     Parliament
                     ,
                     and
                     by
                     force
                     and
                     dread
                     thereof
                     ,
                     to
                     compel
                     the
                     Parliament
                     to
                     agree
                     to
                     certain
                     Propositions
                     by
                     them
                     contrived
                     ,
                     and
                     to
                     hinder
                     and
                     interrupt
                     the
                     Proceedings
                     of
                     the
                     Parliament
                     ;
                     The
                     like
                     Resolution
                     in
                     the
                     same
                     words
                     concerning
                     Mr.
                     Iermin
                     ,
                     Sir
                     
                       Iohn
                       Suckling
                       ,
                       &c.
                    
                     
                  
                   
                     Resolved
                     ,
                     That
                     in
                     pursuance
                     of
                     the
                     said
                     Design
                     ,
                     the
                     said
                     
                       Henry
                       Peircy
                    
                     by
                     the
                     Plot
                     and
                     Combination
                     aforesaid
                     ,
                     did
                     endeavour
                     to
                     perswade
                     divers
                     Members
                     of
                     the
                     House
                     of
                     Commons
                     of
                     the
                     said
                     Parliament
                     and
                     others
                     ,
                     being
                     Officers
                     of
                     the
                     said
                     Army
                     ,
                     that
                     is
                     to
                     say
                     ,
                     
                       Wilmot
                       ,
                       Ashburnham
                       ,
                       Berkley
                       ,
                       Pollard
                       ,
                    
                     and
                     
                       Daniel
                       O-Neal
                    
                     ,
                     that
                     they
                     were
                     disobliged
                     by
                     the
                     Parliament
                     ,
                     thereby
                     to
                     incense
                     them
                     ,
                     and
                     to
                     affect
                     them
                     against
                     the
                     Parliament
                     ,
                     and
                     did
                     hold
                     divers
                     consultations
                     with
                     the
                     said
                     parties
                     ,
                     to
                     effect
                     the
                     said
                     wicked
                     and
                     dangerous
                     Design
                     ;
                     and
                     to
                     that
                     purpose
                     ,
                     did
                     set
                     down
                     in
                     Writing
                     certain
                     Propositions
                     to
                     the
                     effect
                     as
                     followeth
                     ,
                     
                       viz.
                       The
                       preserving
                       of
                       Bishops
                       in
                       their
                       Functions
                       and
                       Votes
                       ;
                       The
                       not
                       Disbanding
                       of
                       the
                       Irish
                       Army
                       ,
                       until
                       the
                       Scots
                       were
                       Disbanded
                       ;
                       And
                       the
                       endeavouring
                       to
                       settle
                       the
                       Kings
                       Revenue
                       to
                       the
                       proportion
                       it
                       was
                       formerly
                       .
                    
                  
                   
                     Resolved
                     ,
                     That
                     the
                     said
                     
                       Henry
                       Peircy
                    
                     did
                     in
                     pursuance
                     of
                     the
                     Plot
                     and
                     Combination
                     aforesaid
                     ,
                     and
                     for
                     the
                     more
                     secret
                     carriage
                     thereof
                     ,
                     administer
                     to
                     the
                     said
                     parties
                     a
                     wicked
                     and
                     unlawful
                     Oath
                     ,
                     whereby
                     they
                     did
                     swear
                     upon
                     the
                     Holy
                     Evangelists
                     ,
                     not
                     to
                     reveal
                     any
                     thing
                     ,
                     that
                     was
                     spoken
                     concernig
                     the
                     business
                     ,
                     that
                     was
                     in
                     Consultation
                     ,
                     directly
                     or
                     indirectly
                     ,
                     nor
                     to
                     think
                     themselves
                     absolved
                     by
                     any
                     other
                     Oath
                     that
                     should
                     be
                     after
                     taken
                     by
                     them
                     ,
                     from
                     the
                     Secresie
                     enjoyned
                     by
                     the
                     said
                     Oath
                     .
                  
                   
                     Resolved
                     ,
                     That
                     the
                     said
                     
                       Henry
                       Peircy
                    
                     at
                     the
                     time
                     of
                     the
                     said
                     Oath
                     was
                     taken
                     ,
                     and
                     at
                     divers
                     other
                     times
                     did
                     propound
                     and
                     endeavour
                     to
                     perswade
                     the
                     persons
                     before-named
                     ,
                     and
                     other
                     Officers
                     of
                     the
                     said
                     Army
                     ,
                     to
                     put
                     the
                     said
                     Army
                     into
                     a
                     Warlike
                     posture
                     ,
                     and
                     to
                     bring
                     them
                     up
                     to
                     London
                     ,
                     and
                     
                     likewise
                     to
                     make
                     themselves
                     sure
                     of
                     the
                     Tower
                     ,
                     and
                     so
                     by
                     force
                     to
                     compel
                     the
                     Parliament
                     to
                     conform
                     to
                     their
                     Will
                     ,
                     and
                     he
                     with
                     
                       Suckling
                       ,
                       &c.
                    
                     did
                     endeavour
                     to
                     work
                     a
                     belief
                     in
                     the
                     said
                     Army
                     ,
                     that
                     the
                     King
                     and
                     Parliament
                     would
                     disagree
                     ,
                     and
                     so
                     to
                     persuade
                     them
                     to
                     adhere
                     to
                     His
                     Majesty
                     against
                     the
                     Parliament
                     ;
                     and
                     said
                     ,
                     that
                     all
                     the
                     French
                     about
                     the
                     City
                     of
                     London
                     would
                     assist
                     them
                     ,
                     and
                     to
                     the
                     great
                     scandal
                     of
                     the
                     King
                     ,
                     That
                     the
                     Prince
                     and
                     the
                     Earl
                     of
                     Newcastle
                     were
                     to
                     meet
                     the
                     Army
                     at
                     Nottingham
                     ,
                     with
                     a
                     Thousand
                     Horse
                     ;
                     and
                     that
                     Suckling
                     to
                     encompass
                     the
                     Design
                     of
                     gaining
                     the
                     Tower
                     ,
                     did
                     contrive
                     ,
                     that
                     100
                     Men
                     under
                     Capt.
                     
                       Billing
                       sley
                    
                     should
                     be
                     designed
                     for
                     that
                     purpose
                     ,
                     when
                     the
                     opportunity
                     was
                     offered
                     .
                  
                   
                     To
                     the
                     end
                     the
                     City
                     of
                     London
                     should
                     not
                     be
                     able
                     to
                     make
                     any
                     resistance
                     ,
                     when
                     the
                     said
                     Army
                     should
                     come
                     up
                     ,
                     according
                     to
                     the
                     forementioned
                     Design
                     ;
                     and
                     Suckling
                     by
                     the
                     means
                     and
                     Plot
                     aforesaid
                     ,
                     did
                     thereby
                     endeavour
                     ,
                     that
                     the
                     Earl
                     of
                     Strafford
                     ,
                     then
                     Prisoner
                     in
                     the
                     Tower
                     ,
                     might
                     the
                     better
                     incompass
                     his
                     escape
                     .
                  
                   
                     That
                     Berkley
                     and
                     O-Neal
                     being
                     questioned
                     ,
                     did
                     flye
                     for
                     the
                     same
                     .
                     
                  
                   
                     Resolved
                     ,
                     That
                     upon
                     the
                     whole
                     matter
                     ,
                     Mr.
                     Pierce
                     shall
                     be
                     charged
                     with
                     High
                     Treason
                     ,
                     the
                     like
                     for
                     Iermin
                     and
                     Suckling
                     .
                  
                   
                     That
                     3000
                     l.
                     of
                     the
                     Pole-money
                     be
                     paid
                     to
                     Col.
                     Goring
                     ,
                     for
                     the
                     use
                     of
                     the
                     Garrison
                     of
                     Portsmouth
                     .
                  
                   
                     Resolved
                     ,
                     That
                     Col.
                     Goring
                     in
                     his
                     Depositions
                     concerning
                     this
                     Discovery
                     ,
                     
                     hath
                     done
                     nothing
                     contrary
                     to
                     Justice
                     and
                     Honour
                     ,
                     but
                     hath
                     therein
                     deserved
                     very
                     well
                     of
                     the
                     Commons
                     of
                     this
                     House
                     .
                  
                
              
            
          
        
         
           
             Friday
             the
             7th
             of
             May
             ,
             the
             Lords
             passed
             the
             Bill
             of
             Attainder
             ,
             as
             also
             
             the
             Bill
             for
             the
             Continuance
             of
             this
             present
             Parliament
             .
          
           
             Saturday
             the
             8th
             of
             May
             ,
             Mr.
             Hotham
             was
             sent
             with
             a
             Message
             to
             the
             House
             of
             Lords
             ,
             to
             desire
             their
             Lordships
             to
             joyn
             with
             them
             ,
             to
             move
             His
             Majesty
             for
             his
             Consent
             to
             the
             Bill
             of
             Attainder
             ,
             in
             regard
             ,
             the
             peace
             of
             the
             Ringdom
             doth
             so
             much
             depend
             upon
             the
             execution
             of
             that
             Bill
             ,
             which
             had
             passed
             both
             Houses
             ;
             and
             accordingly
             a
             certain
             number
             of
             the
             House
             of
             Peers
             were
             sent
             unto
             His
             Majesty
             ,
             to
             acquaint
             him
             therewith
             ;
             and
             also
             with
             the
             Bill
             for
             the
             Continuance
             of
             this
             present
             Parliament
             .
          
           
             The
             House
             being
             informed
             ,
             That
             Ships
             were
             ready
             to
             be
             put
             to
             Sea
             ,
             but
             that
             Mariners
             could
             not
             be
             got
             .
             It
             was
             the
             same
             day
             Resolved
             ,
             That
             a
             
             Bill
             should
             be
             drawn
             to
             enable
             the
             Pressing
             of
             Mariners
             for
             a
             certain
             time
             ,
             the
             House
             being
             very
             tender
             of
             bringing
             the
             way
             of
             Pressing
             into
             example
             
             by
             a
             Law.
             
          
           
             Sunday
             the
             9th
             of
             May
             ,
             the
             King
             called
             His
             Privy
             Council
             together
             at
             Whitehall
             ,
             and
             propounded
             several
             scruples
             unto
             them
             concerning
             that
             Bill
             ,
             some
             of
             the
             Judges
             and
             Bishops
             were
             present
             also
             ,
             to
             whom
             His
             Majesty
             imparted
             his
             doubts
             ,
             and
             had
             their
             opinions
             therein
             .
             In
             Fine
             ,
             His
             Majesty
             gave
             Order
             for
             a
             Commission
             to
             impower
             the
             Earl
             of
             Arundel
             ,
             the
             Lord
             Privy
             Seal
             ,
             and
             two
             other
             Lords
             ,
             to
             give
             his
             Assent
             to
             the
             Bill
             ,
             for
             the
             Execution
             of
             the
             Earl
             of
             Strafford
             upon
             Wednesday
             following
             ;
             as
             also
             to
             the
             other
             Bill
             for
             the
             continuance
             of
             this
             present
             Parliament
             .
          
           
             Monday
             the
             10th
             of
             May
             ,
             the
             Commission
             passed
             the
             Great
             Seal
             accordingly
             ,
             and
             the
             Commons
             were
             sent
             for
             to
             the
             House
             of
             Lords
             ,
             to
             be
             present
             at
             the
             giving
             the
             Royal
             Assent
             to
             both
             those
             Bills
             .
          
           
           
             The
             same
             day
             His
             Majesty
             sent
             a
             Message
             to
             both
             Houses
             ,
             that
             the
             Irish
             
             Army
             should
             be
             instantly
             disbanded
             ,
             and
             that
             he
             would
             that
             night
             dispatch
             an
             Express
             for
             the
             expediting
             thereof
             .
          
           
             It
             was
             hereupon
             moved
             ,
             That
             Mr.
             Treasurer
             be
             desired
             by
             the
             House
             of
             Commons
             to
             return
             their
             Humble
             thanks
             to
             His
             Majesty
             ,
             and
             to
             assure
             him
             ,
             that
             they
             would
             make
             him
             as
             Glorious
             a
             Potentate
             ,
             and
             as
             rich
             a
             Prince
             ,
             as
             any
             of
             His
             Predecessors
             ,
             His
             Majesty
             continuing
             still
             to
             take
             the
             advice
             of
             His
             Great
             Council
             the
             Parliament
             along
             with
             him
             ,
             in
             the
             management
             of
             the
             great
             affairs
             of
             the
             Kingdom
             .
          
           
             The
             Earl
             of
             Strafford
             understanding
             that
             His
             Majesty
             had
             passed
             the
             Bill
             ,
             did
             Humbly
             Petition
             the
             House
             of
             Peers
             .
          
           
             
               
                 
                   
                     SEEing
                     it
                     is
                     the
                     good
                     Will
                     and
                     pleasure
                     of
                     God
                     ,
                     that
                     your
                     Petitioner
                     is
                     now
                     shortly
                     to
                     pay
                     that
                     Duty
                     which
                     we
                     all
                     owe
                     to
                     our
                     frail
                     Nature
                     ;
                     
                     he
                     shall
                     in
                     all
                     Christian
                     Patience
                     and
                     Charity
                     ,
                     conform
                     and
                     submit
                     himself
                     to
                     your
                     Justice
                     ,
                     in
                     a
                     comfortable
                     assurance
                     of
                     the
                     great
                     hope
                     laid
                     up
                     for
                     us
                     ,
                     in
                     the
                     Mercy
                     and
                     Merits
                     of
                     our
                     Saviour
                     blessed
                     for
                     ever
                     .
                  
                   
                     Only
                     he
                     humbly
                     craves
                     to
                     return
                     your
                     Lordships
                     most
                     Humble
                     thanks
                     for
                     your
                     Noble
                     Compassion
                     towards
                     those
                     Innocent
                     Children
                     ,
                     whom
                     now
                     with
                     his
                     last
                     blessing
                     ,
                     he
                     must
                     commit
                     to
                     the
                     protection
                     of
                     Almighty
                     God
                     ,
                     beseeching
                     your
                     Lordships
                     to
                     finish
                     his
                     pious
                     intentions
                     towards
                     them
                     ,
                     and
                     desiring
                     that
                     the
                     reward
                     thereof
                     may
                     be
                     fulfilled
                     in
                     you
                     ,
                     by
                     him
                     that
                     is
                     able
                     to
                     give
                     above
                     all
                     we
                     are
                     able
                     to
                     ask
                     or
                     think
                     ;
                     Wherein
                     I
                     trust
                     the
                     Honourable
                     House
                     of
                     Commons
                     will
                     afford
                     their
                     Christian
                     Assistance
                     .
                  
                   
                     And
                     so
                     beseeching
                     your
                     Lordships
                     Charitably
                     to
                     forgive
                     all
                     his
                     Omissions
                     and
                     Infirmities
                     ,
                     he
                     doth
                     very
                     heartily
                     and
                     truly
                     recommend
                     your
                     Lordships
                     to
                     the
                     Mercies
                     of
                     Our
                     Heavenly
                     Father
                     ,
                     and
                     that
                     for
                     his
                     Goodness
                     he
                     may
                     perfect
                     you
                     in
                     every
                     good
                     Work
                     ,
                  
                   
                     Amen
                     .
                  
                   
                     
                       THO.
                       WENTWORTH
                       .
                    
                  
                
              
            
          
           
             
               
                 
                   
                     WHereas
                     the
                     Knights
                     ,
                     Citizens
                     ,
                     and
                     Burgesses
                     of
                     the
                     House
                     of
                     Commons
                     
                     in
                     this
                     present
                     Parliament
                     Assembled
                     ,
                     have
                     in
                     the
                     name
                     of
                     themselves
                     ,
                     and
                     of
                     all
                     the
                     Commons
                     of
                     England
                     ,
                     Impeached
                     Thomas
                     Earl
                     of
                     Strafford
                     of
                     High
                     Treason
                     ,
                     for
                     endeavouring
                     to
                     subvert
                     the
                     Antient
                     and
                     Fundamental
                     Laws
                     and
                     Government
                     of
                     His
                     Majesties
                     Realms
                     of
                     England
                     and
                     Ireland
                     ,
                     and
                     to
                     introduce
                     an
                     Arbitrary
                     and
                     Tyrannical
                     Government
                     against
                     Law
                     in
                     the
                     said
                     Kingdoms
                     ,
                     and
                     for
                     exercising
                     a
                     Tyrannous
                     and
                     exorbitant
                     Power
                     over
                     ,
                     and
                     against
                     the
                     Laws
                     of
                     the
                     said
                     Kingdoms
                     ,
                     and
                     the
                     Liberties
                     ,
                     Estates
                     ,
                     and
                     Lives
                     of
                     His
                     Majesties
                     Subjects
                     ;
                     and
                     likewise
                     having
                     by
                     his
                     own
                     Authority
                     Commanded
                     the
                     Laying
                     and
                     Assessing
                     of
                     Soldiers
                     upon
                     His
                     Majesties
                     Subjects
                     in
                     Ireland
                     ,
                     against
                     their
                     consents
                     ,
                     to
                     compel
                     them
                     to
                     obey
                     his
                     unlawful
                     Summons
                     and
                     Orders
                     made
                     upon
                     Paper-Petitions
                     in
                     Causes
                     between
                     Party
                     and
                     Party
                     ,
                     which
                     accordingly
                     was
                     executed
                     upon
                     divers
                     of
                     His
                     Majesties
                     Subjects
                     in
                     a
                     Warlike
                     manner
                     ,
                     within
                     the
                     said
                     Realm
                     of
                     Ireland
                     ;
                     and
                     in
                     so
                     doing
                     ,
                     did
                     Levy
                     War
                     against
                     the
                     Kings
                     Majesty
                     and
                     His
                     Liege
                     People
                     in
                     that
                     Kingdom
                     ;
                     And
                     also
                     for
                     that
                     he
                     ,
                     upon
                     the
                     unhappy
                     Dissolution
                     of
                     the
                     last
                     Parliament
                     ,
                     did
                     slander
                     the
                     House
                     of
                     Commons
                     to
                     His
                     Majesty
                     ,
                     and
                     did
                     Counsel
                     and
                     Advise
                     His
                     Majesty
                     ,
                     That
                     
                       he
                       was
                       loose
                       and
                       absolved
                       from
                       the
                       Rule
                       of
                       Government
                       ,
                       and
                    
                     
                     
                       That
                       he
                       had
                       an
                       Army
                       in
                    
                     Ireland
                     ,
                     
                       by
                       which
                       he
                       might
                       reduce
                       this
                       Kingdom
                    
                     ;
                     for
                     which
                     he
                     deserves
                     to
                     undergo
                     the
                     Pains
                     and
                     Forfeitures
                     of
                     High
                     Treason
                     .
                  
                   
                     And
                     the
                     said
                     Earl
                     hath
                     been
                     an
                     Incendiary
                     of
                     the
                     Wars
                     between
                     the
                     two
                     Kingdoms
                     of
                     England
                     and
                     Scotland
                     ;
                     all
                     which
                     Offences
                     have
                     been
                     sufficiently
                     proved
                     against
                     the
                     said
                     Earl
                     upon
                     his
                     Impeachment
                     .
                  
                   
                     Be
                     it
                     therefore
                     Enacted
                     by
                     the
                     Kings
                     Most
                     Excellent
                     Majesty
                     ,
                     and
                     by
                     the
                     Lords
                     and
                     Commons
                     in
                     this
                     present
                     Parliament
                     assembled
                     ,
                     and
                     by
                     the
                     Authority
                     of
                     the
                     same
                     ,
                     that
                     the
                     said
                     Earl
                     of
                     Strafford
                     ,
                     for
                     the
                     Heinous
                     Crimes
                     and
                     Offences
                     aforesaid
                     ,
                     stand
                     ,
                     and
                     be
                     adjudged
                     and
                     attainted
                     of
                     High-Treason
                     ,
                     and
                     shall
                     suffer
                     such
                     Pain
                     of
                     Death
                     ,
                     and
                     incurr
                     the
                     Forfeitures
                     of
                     his
                     Goods
                     and
                     Chattels
                     ,
                     Lands
                     ,
                     Tenements
                     and
                     Hereditaments
                     of
                     any
                     Estate
                     of
                     Freehold
                     ,
                     or
                     Inheritance
                     in
                     the
                     said
                     Kingdoms
                     of
                     England
                     and
                     Ireland
                     ,
                     which
                     the
                     said
                     Earl
                     ,
                     or
                     any
                     other
                     to
                     his
                     use
                     ,
                     or
                     in
                     trust
                     for
                     him
                     ,
                     have
                     or
                     had
                     the
                     day
                     of
                     the
                     first
                     sitting
                     of
                     this
                     Parliament
                     ,
                     or
                     at
                     any
                     time
                     since
                     .
                  
                   
                     *
                     Provided
                     ,
                     that
                     no
                     Judge
                     or
                     Judges
                     ,
                     Justice
                     ,
                     or
                     Justices
                     whatsoever
                     ,
                     shall
                     adjudge
                     or
                     interpret
                     any
                     act
                     or
                     thing
                     to
                     be
                     Treason
                     ,
                     nor
                     hear
                     or
                     determin
                     any
                     Treason
                     in
                     any
                     other
                     manner
                     than
                     he
                     or
                     they
                     should
                     ,
                     or
                     ought
                     to
                     have
                     done
                     before
                     the
                     making
                     of
                     this
                     Act
                     ,
                     and
                     as
                     if
                     this
                     Act
                     had
                     never
                     been
                     had
                     or
                     made
                     ;
                     Saving
                     always
                     unto
                     all
                     and
                     singular
                     Persons
                     ,
                     Bodies
                     Politick
                     and
                     Corporate
                     ,
                     their
                     Heirs
                     and
                     successors
                     ,
                     others
                     then
                     the
                     said
                     Earl
                     and
                     his
                     Heirs
                     ,
                     and
                     such
                     as
                     Claim
                     from
                     ,
                     by
                     ,
                     or
                     under
                     him
                     all
                     such
                     Right
                     Title
                     and
                     Interest
                     of
                     ,
                     in
                     ,
                     and
                     to
                     all
                     and
                     singular
                     such
                     of
                     the
                     said
                     Lands
                     ,
                     Tenements
                     and
                     Hereditaments
                     ,
                     as
                     he
                     ,
                     they
                     ,
                     or
                     any
                     of
                     them
                     had
                     before
                     the
                     first
                     day
                     of
                     this
                     present
                     Parliament
                     ,
                     any
                     thing
                     herein
                     contain'd
                     to
                     the
                     contrary
                     notwithstanding
                     .
                  
                   
                     Provided
                     ,
                     That
                     the
                     passing
                     of
                     this
                     present
                     Act
                     ,
                     or
                     His
                     Majesties
                     Assent
                     thereunto
                     ,
                     shall
                     not
                     be
                     any
                     determination
                     of
                     this
                     present
                     Sessions
                     of
                     Parliament
                     ;
                     But
                     that
                     this
                     present
                     Sessions
                     of
                     Parliament
                     ,
                     and
                     all
                     Bills
                     and
                     Matters
                     whatsoever
                     depending
                     in
                     Parliament
                     ,
                     and
                     not
                     fully
                     Enacted
                     or
                     Determined
                     ,
                     and
                     all
                     Statutes
                     and
                     Acts
                     of
                     Parliament
                     ,
                     which
                     have
                     their
                     continuance
                     until
                     the
                     end
                     of
                     this
                     present
                     Session
                     of
                     Parliament
                     ,
                     shall
                     remain
                     ,
                     continue
                     ,
                     and
                     be
                     in
                     full
                     force
                     as
                     if
                     this
                     Act
                     had
                     not
                     been
                     .
                  
                
              
            
          
           
             The
             day
             following
             ,
             the
             King
             wrote
             this
             Letter
             to
             the
             Lords
             on
             the
             behalf
             of
             the
             Earl
             of
             Strafford
             ,
             and
             sent
             it
             by
             the
             Prince
             .
          
           
             
               
                 
                   My
                   Lords
                   ,
                
              
               
                 I
                 
                   Did
                   yesterday
                   satisfie
                   the
                   Iustice
                   of
                   the
                   Kingdom
                   ,
                   by
                   passing
                   the
                   Bill
                   of
                   Attainder
                
                 
                 
                   against
                   the
                   Earl
                   of
                
                 Strafford
                 ;
                 
                   but
                   Mercy
                   being
                   as
                   inherent
                   and
                   inseparable
                   to
                   a
                   King
                   as
                   Iustice
                   ,
                   I
                   desire
                   at
                   this
                   time
                   in
                   some
                   measure
                   to
                   shew
                   that
                   likewise
                   ,
                   by
                   suffering
                   that
                   unfortunate
                   Man
                   to
                   fulfil
                   the
                   Natural
                   Course
                   of
                   his
                   Life
                   in
                   a
                   Close
                   Imprisonment
                   ;
                   Yet
                   so
                   ,
                   if
                   ever
                   he
                   make
                   the
                   least
                   offer
                   to
                   escape
                   ,
                   or
                   offer
                   directly
                   ,
                   or
                   indirectly
                   to
                   meddle
                   in
                   any
                   sort
                   of
                   publick
                   business
                   ,
                   especially
                   with
                   me
                   ,
                   either
                   by
                   Message
                   or
                   Letter
                   ,
                   it
                   shall
                   cost
                   him
                   his
                   Life
                   ,
                   without
                   further
                   Process
                   ;
                   This
                   if
                   it
                   may
                   be
                   done
                   without
                   the
                   Discontentment
                   of
                   my
                   People
                   ,
                   will
                   be
                   an
                   unspeakable
                   contentment
                   to
                   me
                   ;
                   to
                   which
                   end
                   ,
                   as
                   in
                   the
                   first
                   place
                   ,
                   I
                   by
                   this
                   Letter
                   do
                   earnestly
                   desire
                   your
                   Approbation
                   ,
                   and
                   to
                   endear
                   it
                   more
                   ,
                   have
                   chosen
                   him
                   to
                   carry
                   it
                   ,
                   that
                   of
                   all
                   your
                   house
                   is
                   most
                   dear
                   to
                   me
                   ;
                   So
                   I
                   desire
                   that
                   by
                   a
                   Conference
                   ,
                   you
                   will
                   endeavour
                   to
                   give
                   the
                   House
                   of
                   Commons
                   Contentment
                   ,
                   assuring
                   you
                   that
                   the
                   Exercise
                   of
                   Mercy
                   is
                   no
                   more
                   pleasing
                   to
                   me
                   ,
                   than
                   to
                   see
                   both
                   Houses
                   of
                   Parliament
                   Consent
                   for
                   my
                   sake
                   ,
                   that
                   I
                   should
                   moderate
                   the
                   severity
                   of
                   the
                   Law
                   in
                   so
                   important
                   a
                   Case
                   .
                
              
               
                 
                   I
                   will
                   not
                   say
                   ,
                   that
                   your
                   Complying
                   with
                   me
                   in
                   this
                   my
                   intended
                   Mercy
                   ,
                   shall
                   make
                   me
                   more
                   Willing
                   ,
                   but
                   certainly
                   't
                   will
                   make
                   me
                   more
                   Chearful
                   ,
                   in
                   Granting
                
                 
                 
                   your
                   Iust
                   Grievances
                   .
                   But
                   ,
                   if
                   no
                   less
                   then
                   his
                   life
                   can
                   satisfie
                   my
                   people
                   ,
                   I
                   must
                   say
                   ,
                
                 Fiat
                 Justitia
                 .
                 
                   Thus
                   again
                   ,
                   recommending
                   the
                   Consideration
                   of
                   my
                   Intention
                   to
                   you
                   ,
                   I
                   rest
                   ,
                
              
               
                 
                   Your
                   unalterable
                   and
                   affectionate
                   Friend
                   ,
                   Charles
                   R.
                   
                
                 
                   Whitehall
                   ,
                   
                     11th
                     of
                     May
                     ,
                     1641.
                     
                  
                
              
               
                 
                   
                     If
                     he
                     must
                     dye
                     ,
                     is
                     were
                     Charity
                     to
                     Reprieve
                     him
                     till
                  
                   Saturday
                   .
                
              
            
          
           
             This
             Letter
             ,
             all
             Written
             with
             the
             Kings
             own
             Hand
             ,
             and
             delivered
             by
             the
             Hand
             of
             the
             Prince
             ,
             was
             twice
             Read
             in
             the
             House
             ,
             and
             after
             serious
             and
             sad
             Consideration
             ,
             the
             House
             resolved
             presently
             to
             send
             12
             of
             the
             Peers
             Messengers
             to
             the
             King
             ,
             humbly
             to
             signifie
             ,
             
               That
               neither
               of
               the
               Two
               Intentions
               ,
               
               expressed
               in
               the
               Letter
               ,
               could
               ,
               with
               duty
               in
               them
               ,
               or
               without
               danger
               to
               Himself
               ,
               his
               dearest
               Consort
               the
               Queen
               ,
               and
               all
               the
               Young
               Princes
               their
               Children
               ,
               possibly
               be
               Advised
               ;
            
             all
             which
             being
             done
             accordingly
             ,
             and
             the
             Reasons
             shewed
             to
             His
             Majesty
             ,
             He
             suffered
             no
             more
             words
             to
             come
             from
             them
             :
             but
             ,
             out
             of
             the
             fulness
             of
             His
             heart
             ,
             to
             the
             observance
             of
             Justice
             ,
             and
             for
             the
             Contentment
             of
             His
             People
             ,
             told
             them
             ,
             
               That
               what
               He
               intended
               by
               His
               Letter
               was
               ,
               with
               an
            
             (
             if
             )
             
               if
               it
               might
               be
               done
               without
               Discontentment
               of
               His
               People
               ;
               if
               that
               cannot
               be
               ,
               I
               say
               again
               ,
               the
               same
               I
               Writ
               ,
            
             Fiat
             Justitia
             :
             
               My
               other
               Intnetion
               proceeding
               out
               of
               Charity
               for
               a
               few
               days
               Respite
               ,
               was
               upon
               certain
               Information
               ,
               that
               his
               Estate
               was
               so
               distracted
               ,
               that
               it
               necessarily
               required
               some
               few
               days
               for
               settlement
               thereof
               .
            
          
           
             
               Whereunto
               the
               Lords
               Answered
               ;
               Their
               purpose
               was
               to
               be
               Suitors
               to
               His
               Majesty
               ,
               for
               favour
               to
               be
               shewed
               to
               his
               Innocent
               Children
               ;
               and
               if
               himself
               had
               made
               any
               provision
               for
               them
               ,
               the
               same
               might
               hold
               .
            
          
           
             This
             was
             well-liking
             unto
             His
             Majesty
             ,
             who
             thereupon
             departed
             from
             the
             Lords
             :
             At
             His
             Majesties
             parting
             they
             offered
             up
             into
             His
             hands
             the
             Letter
             it self
             which
             He
             had
             sent
             ;
             but
             He
             was
             pleased
             to
             say
             ,
             
               My
               Lords
               ,
               What
               I
               have
               Written
               to
               you
               ,
               I
               shall
               be
               content
               it
               be
               Registred
               by
               you
               in
               your
               House
               ;
               In
               it
               you
               see
               my
               mind
               ,
               I
               hope
               you
               will
               use
               it
               to
               my
               Honour
               .
            
          
           
             This
             ,
             upon
             return
             of
             the
             Lords
             from
             the
             King
             was
             presently
             Reported
             to
             the
             House
             by
             the
             Lord
             Privy-Seal
             ,
             and
             Ordered
             that
             these
             Lines
             should
             go
             out
             with
             the
             Kings
             Letter
             ,
             if
             any
             Copies
             of
             the
             Letter
             were
             dispersed
             .
          
           
             The
             House
             being
             informed
             ,
             That
             the
             Queen-Mother
             apprehending
             Her self
             in
             some
             danger
             ,
             by
             reason
             that
             divers
             words
             were
             scattered
             among
             the
             
             Tumultuous
             Assembly
             ,
             as
             if
             they
             had
             some
             design
             upon
             Her
             Person
             ,
             and
             those
             Priests
             which
             she
             had
             for
             Her
             own
             Houshold
             ,
             desired
             a
             Guard
             for
             Her
             Security
             ,
             Concluded
             ,
             that
             as
             to
             the
             Security
             of
             Her
             own
             Person
             ,
             they
             were
             bound
             in
             honour
             not
             to
             suffer
             any
             Violence
             to
             be
             done
             unto
             Her
             ,
             and
             so
             referred
             it
             to
             a
             Committee
             ,
             to
             consider
             what
             was
             fit
             to
             be
             done
             in
             order
             thereto
             :
             Which
             being
             Reported
             by
             Mr.
             
               Henry
               Martyn
            
             ,
             he
             declared
             ,
             That
             the
             Committee
             had
             duely
             considered
             Her
             Majesties
             just
             Fears
             ,
             and
             therefore
             should
             agree
             to
             all
             good
             ways
             and
             means
             ,
             that
             might
             conduce
             to
             the
             safety
             of
             her
             Person
             .
             But
             fearing
             that
             the
             said
             means
             may
             notwithstanding
             prove
             ineffectual
             for
             Her
             Protection
             ,
             That
             therefore
             the
             House
             would
             intreat
             the
             Lords
             to
             joyn
             with
             them
             ,
             humbly
             to
             beseech
             His
             
             Majesty
             ,
             That
             the
             Queen
             Mother
             may
             be
             moved
             to
             depart
             the
             Kingdom
             ,
             the
             rather
             for
             the
             Quieting
             of
             those
             Jealousies
             in
             the
             Hearts
             of
             His
             Majesties
             well-affected
             Subjects
             ,
             occasioned
             by
             some
             ill
             Instruments
             about
             the
             said
             Queens
             Person
             ,
             by
             the
             flocking
             of
             Priests
             and
             Papists
             to
             Her
             House
             ,
             and
             by
             the
             Use
             and
             Practice
             of
             the
             Idolatry
             of
             the
             Mass.
             
          
        
         
           
             Wednesday
             the
             12th
             of
             May.
             
          
           
             THe
             Earl
             of
             Strafford
             was
             brought
             from
             the
             Tower
             to
             the
             Scaffold
             upon
             Tower-Hill
             ,
             where
             the
             Bishop
             of
             Armagh
             ,
             the
             Earl
             of
             Cleeveland
             ,
             
             Sir
             
               George
               VVentworth
            
             ,
             Brother
             to
             the
             said
             Earl
             of
             Strafford
             ,
             and
             others
             of
             his
             Friends
             ,
             were
             present
             ,
             to
             take
             their
             Leaves
             of
             him
             .
             But
             before
             he
             fitted
             himself
             to
             Prostrate
             his
             Body
             to
             Execution
             ,
             he
             desired
             patience
             of
             the
             People
             to
             hear
             him
             speak
             a
             few
             words
             ,
             which
             the
             Author
             took
             from
             his
             Mouth
             ,
             being
             then
             there
             on
             the
             Scaffold
             with
             him
             ,
             viz.
             
          
           
             
               MY
               Lord
               Primate
               of
               Ireland
               ,
               and
               my
               Lords
               ,
               and
               the
               rest
               of
               these
               Noble
               Gentlemen
               ,
               It
               is
               a
               great
               Comfort
               to
               me
               to
               have
               your
               
               Lordships
               by
               me
               this
               day
               ,
               because
               I
               have
               been
               known
               to
               you
               a
               long
               time
               ,
               and
               I
               now
               desire
               to
               be
               heard
               a
               few
               words
               .
            
          
           
             
               I
               come
               here
               ,
               my
               Lords
               ,
               to
               pay
               my
               last
               Debt
               to
               Sin
               ,
               which
               is
               Death
               ;
               And
               through
               the
               Mercies
               of
               God
               to
               rise
               again
               to
               Eternal
               Glory
               .
            
          
           
             
               My
               Lords
               ,
               if
               I
               may
               use
               a
               few
               words
               ,
               I
               shall
               take
               it
               as
               a
               great
               Curtesie
               from
               you
               ;
               I
               come
               here
               to
               submit
               to
               the
               Judgment
               that
               is
               passed
               against
               me
               ;
               I
               do
               it
               with
               a
               very
               quiet
               and
               contented
               Mind
               ;
               I
               do
               freely
               forgive
               all
               the
               World
               ;
               a
               forgiveness
               not
               from
               the
               Teeth
               outward
               (
               as
               they
               say
               )
               but
               from
               my
               heart
               ;
               I
               speak
               in
               the
               presence
               of
               Almighty
               God
               ,
               before
               whom
               I
               stand
               ,
               that
               there
               is
               not
               a
               displeasing
               thought
               that
               ariseth
               in
               me
               against
               any
               Man
               :
               I
               thank
               God
               I
               say
               truly
               ,
               my
               Conscience
               beares
               me
               Witness
               ,
               that
               in
               all
               the
               Honor
               I
               had
               to
               serve
               His
               Majesty
               ,
               I
               had
               not
               any
               Intention
               in
               my
               heart
               ,
               but
               what
               did
               aime
               at
               the
               Joynt
               and
               Individual
               prosperity
               of
               the
               King
               and
               His
               People
               ;
               although
               it
               be
               my
               ill
               hap
               to
               be
               misconstrued
               ;
               I
               am
               not
               the
               first
               Man
               that
               hath
               suffered
               in
               this
               kind
               :
               It
               is
               a
               Common
               Portion
               that
               befalls
               men
               in
               this
               Life
               ,
               Righteous
               Judgment
               shall
               be
               hereafter
               ;
               here
               we
               are
               subject
               to
               Error
               ,
               and
               Misjudging
               one
               another
               .
            
          
           
             
               One
               thing
               I
               desire
               to
               be
               heard
               in
               ,
               and
               do
               hope
               ,
               that
               for
               Christian
               Charities
               sake
               I
               shall
               be
               believed
               ;
               I
               was
               so
               far
               from
               being
               against
               Parliaments
               ,
               that
               I
               did
               always
               think
               Parliaments
               in
               England
               to
               be
               the
               happy
               Constitution
               of
               the
               Kingdom
               and
               Nation
               ,
               and
               the
               best
               means
               ,
               under
               God
               ,
               to
               make
               the
               King
               and
               His
               people
               happy
               :
               As
               for
               my
               Death
               ,
               I
               do
               here
               acquit
               all
               the
               World
               ,
               and
               beseech
               God
               to
               forgive
               them
               ;
               In
               particular
               ,
               I
               am
               very
               glad
               His
               Majesty
               conceives
               me
               not
               meriting
               so
               severe
               and
               heavy
               a
               punishment
               ,
               as
               the
               utmost
               Execution
               of
               this
               Sentence
               ;
               I
               do
               infinitely
               rejoyce
               in
               it
               ,
               and
               in
               that
               Mercy
               of
               His
               ,
               and
               do
               beseech
               God
               to
               Return
               Him
               the
               same
               ,
               that
               He
               may
               find
               Mercy
               when
               He
               hath
               most
               need
               of
               it
               .
               I
               wish
               this
               Kingdom
               all
               prosperity
               and
               happiness
               in
               the
               World
               :
            
             I
             did
             it
             Living
             ,
             and
             now
             Dying
             it
             is
             my
             Wish
             .
          
           
             
               I
               profess
               heartily
               my
               apprehension
               ,
               and
               do
               humbly
               recommend
               it
               to
               you
               ,
               and
               wish
               that
               every
               Man
               would
               lay
               his
               hand
               on
               his
               heart
               ,
               and
               consider
               seriously
               ,
               Whether
               the
               beginning
               of
               the
               peoples
               Happiness
               should
               be
               Written
               in
               
                 Letters
                 of
                 Blood
              
               ?
            
             I
             fear
             they
             are
             in
             a
             Wrong
             Way
             ;
             I
             
             desire
             Almighty
             God
             ,
             that
             no
             one
             drop
             of
             my
             Blood
             rise
             up
             in
             judgement
             against
             them
             ;
             I
             have
             but
             one
             word
             more
             ,
             and
             that
             is
             for
             my
             Religion
             .
          
           
             My
             Lord
             of
             Armagh
             ,
             I
             do
             profess
             my self
             seriously
             ,
             faithfully
             ,
             and
             truly
             to
             be
             an
             obedient
             Son
             of
             the
             Church
             of
             England
             ;
             In
             that
             Church
             I
             was
             born
             and
             bred
             ,
             in
             that
             Religion
             I
             have
             lived
             ,
             and
             now
             in
             that
             I
             dye
             ;
             Prosperity
             and
             Happiness
             be
             ever
             to
             it
             .
          
           
             It
             hath
             been
             said
             I
             was
             inclined
             to
             Popery
             ,
             if
             it
             be
             an
             Objection
             worth
             the
             answering
             ,
             let
             me
             say
             truly
             from
             my
             heart
             ,
             that
             since
             I
             was
             Twenty
             one
             years
             of
             age
             unto
             this
             day
             ,
             going
             on
             49
             years
             ,
             I
             never
             had
             thought
             or
             doubt
             of
             the
             truth
             of
             this
             Religion
             ,
             nor
             had
             ever
             any
             the
             boldness
             to
             suggest
             to
             me
             the
             contrary
             ,
             to
             my
             best
             remembrance
             .
          
           
             And
             so
             being
             reconciled
             to
             the
             Mercies
             of
             Jesus
             Christ
             my
             Saviour
             ,
             into
             whose
             bosom
             I
             hope
             shortly
             to
             be
             gathered
             ,
             to
             enjoy
             Eternal
             Happiness
             ,
             which
             shall
             never
             have
             an
             end
             ;
             I
             desire
             heartily
             to
             be
             forgiven
             of
             every
             Man
             ,
             if
             any
             rash
             or
             unadvised
             Words
             or
             Deeds
             have
             passed
             from
             me
             ;
             and
             desire
             all
             your
             Prayers
             ;
             and
             so
             my
             Lord
             farewel
             ;
             and
             farewel
             all
             things
             in
             this
             world
             .
          
           
             The
             Lord
             strengthen
             my
             Faith
             ,
             and
             give
             me
             Confidence
             and
             Assurance
             in
             the
             Merits
             of
             Christ
             Jesus
             ;
             I
             trust
             in
             God
             we
             shall
             all
             meet
             to
             live
             Eternally
             in
             Heaven
             ,
             and
             receive
             the
             accomplishment
             of
             all
             Happiness
             ,
             where
             every
             Tear
             shall
             be
             wiped
             from
             our
             Eyes
             ,
             and
             sad
             thoughts
             from
             our
             Hearts
             ;
             And
             so
             God
             bless
             this
             Kingdom
             ,
             and
             Jesus
             have
             Mercy
             on
             my
             Soul.
             
          
           
             Then
             turning
             himself
             about
             ,
             he
             saluted
             all
             the
             Noblemen
             ,
             and
             took
             a
             solemn
             leave
             of
             all
             considerable
             persons
             on
             the
             Scaffold
             ,
             giving
             them
             his
             Hand
             .
          
           
             And
             after
             that
             he
             said
             ,
             Gentlemen
             ,
             I
             would
             say
             my
             Prayers
             ,
             and
             I
             intreat
             you
             all
             to
             pray
             with
             me
             ,
             and
             for
             me
             :
             Then
             his
             Chaplain
             laid
             the
             Book
             of
             Common
             Prayer
             upon
             the
             Chair
             before
             him
             ,
             as
             he
             kneeled
             down
             ,
             on
             which
             he
             prayed
             almost
             a
             quarter
             of
             an
             hour
             ,
             then
             he
             prayed
             as
             long
             or
             longer
             without
             a
             Book
             ,
             and
             ended
             with
             the
             Lords
             Prayer
             :
             then
             standing
             up
             ,
             he
             spyed
             his
             Brother
             Sir
             
               George
               Wentworth
            
             ,
             and
             call'd
             him
             to
             him
             ,
             and
             said
             ,
             Brother
             ,
             We
             must
             part
             ,
             remember
             me
             to
             my
             Sister
             ,
             and
             to
             my
             Wife
             ,
             and
             carry
             my
             blessing
             to
             my
             eldest
             Son
             ,
             and
             charge
             him
             from
             me
             ,
             that
             he
             fear
             God
             ,
             and
             continue
             an
             obedient
             Son
             of
             the
             Church
             of
             England
             ,
             and
             that
             he
             approve
             himself
             a
             faithful
             Subject
             to
             the
             King
             ,
             and
             tell
             him
             ,
             that
             he
             should
             not
             have
             any
             private
             Grudge
             or
             Revenge
             towards
             any
             concerning
             me
             ,
             and
             bid
             him
             beware
             to
             meddle
             not
             with
             Church
             Livings
             ,
             for
             that
             will
             prove
             a
             Moth
             and
             Canker
             to
             him
             in
             his
             Estate
             ,
             and
             wish
             him
             to
             content
             himself
             to
             be
             a
             Servant
             to
             his
             Countrey
             ,
             as
             a
             Justice
             of
             Peace
             in
             his
             County
             ,
             not
             aiming
             at
             higher
             preferments
             :
             Carry
             my
             Blessing
             also
             to
             my
             Daughter
             Ann
             ,
             and
             Arrabella
             ,
             charge
             them
             to
             fear
             and
             serve
             God
             ,
             and
             he
             will
             bless
             them
             ,
             not
             forgetting
             my
             little
             Infant
             ,
             that
             knows
             neither
             good
             nor
             evil
             ,
             and
             cannot
             speak
             for
             it self
             ,
             God
             speak
             for
             it
             ,
             and
             bless
             it
             .
             Then
             said
             he
             ,
             I
             have
             nigh
             done
             ;
             One
             stroak
             will
             make
             my
             Wife
             Husbandless
             ,
             my
             dear
             Children
             Fatherless
             ,
             and
             my
             poor
             Servants
             Masterless
             ,
             and
             seperate
             me
             from
             my
             dear
             Brother
             ,
             and
             all
             my
             Friends
             ,
             but
             let
             God
             be
             to
             you
             and
             them
             all
             in
             all
             .
          
           
             After
             ,
             that
             ,
             going
             to
             take
             off
             his
             Doublet
             ,
             and
             to
             make
             himself
             unready
             ,
             he
             said
             ,
             I
             thank
             God
             I
             am
             no
             more
             afraid
             of
             Death
             ,
             nor
             daunted
             with
             any
             discouragements
             arising
             from
             any
             fears
             ,
             but
             do
             as
             chearfully
             put
             off
             my
             Doublet
             at
             this
             time
             ,
             as
             ever
             I
             did
             when
             I
             went
             to
             Bed
             ;
             Then
             
             he
             put
             off
             his
             Doublet
             ,
             and
             wound
             up
             his
             Hair
             with
             his
             Hands
             ,
             and
             put
             on
             a
             white
             Cap.
             
          
           
             Then
             he
             called
             ,
             Where
             is
             the
             man
             that
             should
             do
             this
             last
             Office
             ?
             (
             meaning
             the
             Executioner
             )
             call
             him
             to
             me
             ;
             When
             he
             came
             and
             ask'd
             him
             forgiveness
             ,
             he
             told
             him
             ,
             he
             forgave
             him
             and
             all
             the
             World
             ;
             then
             kneeling
             down
             by
             the
             Block
             ,
             he
             went
             to
             Prayer
             again
             himself
             ,
             the
             Bishop
             of
             Armagh
             kneeling
             on
             the
             one
             side
             ,
             and
             the
             Minister
             on
             the
             other
             ;
             to
             the
             which
             Minister
             after
             Prayer
             he
             turned
             himself
             ,
             and
             spoke
             some
             few
             words
             softly
             ,
             having
             his
             Hands
             lifted
             up
             ,
             the
             Minister
             closed
             his
             Hands
             with
             his
             ;
             then
             bowing
             himself
             to
             the
             Earth
             ,
             to
             lay
             down
             his
             Head
             on
             the
             Block
             ,
             he
             told
             the
             Executioner
             ,
             that
             he
             would
             first
             lay
             down
             his
             Head
             to
             try
             the
             fitness
             of
             the
             Block
             ,
             and
             take
             it
             up
             again
             ,
             before
             he
             laid
             it
             down
             for
             good
             and
             all
             ,
             and
             so
             he
             did
             ;
             and
             before
             he
             laid
             it
             down
             again
             ,
             he
             told
             the
             Executioner
             ,
             That
             he
             would
             give
             him
             warning
             when
             to
             strike
             by
             streatching
             forth
             his
             Hands
             ,
             and
             then
             laid
             down
             his
             Neck
             on
             the
             Block
             ,
             stretching
             out
             his
             Hands
             ,
             the
             Executioner
             struck
             off
             his
             Head
             at
             one
             blow
             ,
             then
             took
             the
             Head
             up
             in
             his
             Hand
             ;
             and
             shewed
             it
             to
             all
             the
             People
             ,
             and
             said
             ;
             
               God
               save
               the
               King.
            
             
          
        
         
           
             
               A
               Copy
               of
               the
               Paper
               containing
               the
               Heads
               of
               the
               Lord
               Straffords
               last
               Speech
               ,
               written
               by
               his
               own
               Hand
               ,
               as
               it
               was
               left
               upon
               the
               Scaffold
               .
            
             
               
                 1.
                 
                 I
                 Come
                 to
                 pay
                 the
                 last
                 debt
                 we
                 ow
                 to
                 Sin.
                 
              
               
                 2.
                 
                 Rise
                 to
                 Righteousness
                 .
              
               
                 3.
                 
                 Dye
                 willingly
                 .
              
               
                 4.
                 
                 Forgive
                 all
                 .
              
               
                 5.
                 
                 Submit
                 to
                 what
                 is
                 voted
                 Iustice
                 ,
                 but
                 my
                 intentions
                 innocent
                 from
                 Subverting
                 ,
                 &c.
                 
              
               
                 6.
                 
                 Wishing
                 nothing
                 more
                 than
                 great
                 Prosperity
                 to
                 King
                 and
                 People
                 .
              
               
                 7.
                 
                 Acquit
                 the
                 King
                 constrained
                 .
              
               
                 8.
                 
                 Beseech
                 to
                 Repent
                 .
              
               
                 9.
                 
                 Strange
                 way
                 to
                 write
                 the
                 beginning
                 of
                 Reformation
                 ,
                 and
                 Settlement
                 of
                 a
                 Kingdom
                 in
                 Blood
                 on
                 themselves
                 .
              
               
                 10.
                 
                 Beseech
                 that
                 Demand
                 may
                 rest
                 there
                 .
              
               
                 11.
                 
                 Call
                 not
                 Blood
                 on
                 themselves
                 .
              
               
                 12.
                 
                 Dye
                 in
                 the
                 Faith
                 of
                 the
                 Church
                 .
              
               
                 13.
                 
                 Pray
                 for
                 it
                 ,
                 and
                 desire
                 their
                 Prayers
                 with
                 me
                 .
              
            
          
           
             
             
               GIve
               me
               leave
               here
               to
               add
               two
               pretty
               passages
               more
               :
               The
               first
               is
               when
               My
               L.
               of
               Strafford
               ,
               the
               night
               before
               the
               day
               of
               Execution
               ,
               had
               sent
               for
               the
               Lieutenant
               of
               the
               Tower
               ,
               and
               asked
               him
               ,
               Whether
               it
               were
               possible
               he
               might
               speak
               with
               the
               Archbishop
               ;
               The
               Lieutenant
               told
               him
               ,
               he
               might
               not
               do
               it
               without
               Orders
               from
               the
               Parliament
               .
               Master
               Lieutenant
               (
               said
               he
               )
               you
               shall
               hear
               what
               passeth
               betwixt
               us
               ;
               it
               is
               not
               a
               time
               either
               for
               him
               to
               plot
               Heresie
               ,
               or
               me
               to
               plot
               Treason
               .
               The
               Lieutenant
               answered
               ,
               that
               he
               was
               limited
               ,
               and
               therefore
               desired
               his
               Lordship
               ,
               that
               he
               would
               petition
               the
               Parliament
               for
               that
               favour
               :
               No
               ,
               (
               said
               he
               )
               I
               have
               gotten
               my
               dispatch
               from
               them
               ,
               and
               will
               trouble
               them
               no
               more
               ;
               I
               am
               now
               petitioning
               an
               Higher
               Court
               ,
               where
               neither
               Partiality
               can
               be
               expected
               ,
               nor
               Error
               feared
               .
               But
               my
               Lord
               ,
               said
               he
               ,
               (
               turning
               to
               the
               Primate
               of
               Ireland
               then
               present
               )
               what
               I
               should
               have
               spoken
               to
               my
               Lords
               Grace
               of
               Canterbury
               ,
               is
               this
               ,
               You
               shall
               desire
               the
               Archbishop
               to
               lend
               me
               His
               Prayers
               this
               night
               ,
               and
               to
               give
               me
               his
               Blessing
               when
               I
               go
               abroad
               to
               morrow
               ,
               and
               to
               be
               in
               his
               Window
               ,
               that
               by
               my
               last
               farewel
               ,
               I
               may
               give
               him
               thanks
               for
               this
               ,
               and
               all
               other
               his
               former
               Favours
               .
            
             
               My
               Lord
               Primate
               having
               delivered
               the
               Message
               without
               delay
               ,
               the
               Archbishop
               replyed
               ,
               That
               in
               Conscience
               he
               was
               bound
               for
               the
               First
               ,
               and
               in
               Duty
               and
               Obligation
               to
               the
               Second
               ;
               but
               he
               feared
               his
               Weakness
               and
               Passion
               would
               not
               lend
               him
               Eyes
               to
               behold
               his
               last
               departure
               .
            
             
               The
               next
               morning
               at
               his
               coming
               forth
               ,
               he
               drew
               near
               to
               the
               Archbishops
               Lodgings
               ,
               and
               said
               to
               the
               Lieutenant
               ,
               Though
               I
               do
               not
               see
               the
               Archbishop
               ,
               give
               me
               leave
               I
               pray
               you
               to
               doe
               my
               last
               observance
               towards
               his
               Rooms
               :
               In
               the
               mean
               time
               ,
               the
               Archbishop
               advertised
               of
               his
               approach
               ,
               came
               out
               to
               the
               Window
               ,
               then
               the
               Earl
               bowing
               himself
               to
               the
               ground
               ,
               My
               Lord
               (
               said
               he
               )
               
                 Your
                 Prayers
                 ,
                 and
                 your
                 Blessing
              
               ;
               the
               Arch-Bishop
               lift
               up
               his
               Hands
               and
               bestowed
               both
               ,
               but
               overcome
               with
               Grief
               ,
               fell
               to
               the
               ground
               
                 in
                 Animi
                 diliquio
              
               ;
               the
               Earl
               proceeding
               a
               little
               further
               ,
               bowed
               the
               Second
               time
               ,
               saying
               ,
               
                 Farewel
                 my
                 Lord
                 ,
                 God
                 protect
                 your
                 Innocency
                 .
              
            
             
               The
               next
               is
               ,
               When
               he
               was
               marching
               to
               the
               Scaffold
               ,
               more
               like
               a
               General
               at
               the
               Head
               of
               an
               Army
               ,
               as
               many
               of
               the
               spectators
               then
               said
               ,
               to
               breath
               Victory
               ,
               than
               like
               a
               Condemned
               man
               ,
               to
               undergo
               the
               Sentence
               of
               death
               ;
               The
               Lieutenant
               desired
               him
               to
               take
               Coach
               ,
               for
               fear
               the
               people
               should
               rush
               in
               upon
               him
               and
               tear
               him
               in
               pieces
               ;
               No
               (
               said
               he
               )
               Master
               Lieutenant
               ,
               I
               dare
               look
               death
               in
               the
               Face
               ,
               and
               I
               hope
               the
               People
               too
               ;
               have
               you
               a
               care
               that
               I
               do
               dot
               escape
               ,
               and
               I
               care
               not
               how
               I
               dye
               ,
               whether
               by
               the
               hand
               of
               the
               Executioner
               ,
               or
               the
               madness
               and
               fury
               of
               the
               people
               ,
               if
               that
               may
               give
               them
               better
               content
               ,
               it
               is
               all
               one
               to
               me
               .
            
             
               
                 He
                 left
                 these
                 Three
                 Instructions
                 for
                 his
                 Son
                 in
                 Writing
                 .
              
            
             
               FIrst
               ,
               That
               he
               should
               continue
               still
               to
               be
               brought
               up
               under
               those
               Governors
               ,
               to
               whom
               he
               had
               committed
               him
               ,
               as
               being
               the
               best
               he
               could
               pick
               out
               of
               all
               those
               within
               his
               knowledge
               ,
               and
               that
               he
               should
               not
               change
               them
               ,
               unless
               they
               were
               weary
               of
               him
               ;
               that
               he
               should
               rather
               want
               himself
               ,
               than
               they
               should
               want
               any
               thing
               they
               could
               desire
               .
            
             
               Secondly
               ,
               If
               his
               Prince
               should
               call
               him
               to
               publique
               Service
               ,
               he
               should
               carefully
               undertake
               it
               ,
               to
               testify
               his
               obedience
               ,
               and
               withal
               ,
               to
               be
               faithful
               
               and
               sincereto
               his
               Master
               ,
               though
               he
               should
               come
               to
               the
               same
               end
               that
               himself
               did
               .
            
             
               Thirdly
               ,
               That
               he
               foresaw
               that
               ruine
               was
               like
               to
               come
               upon
               the
               Revenues
               of
               the
               Church
               ,
               and
               that
               perhaps
               they
               might
               be
               shared
               amongst
               the
               Nobility
               and
               Gentry
               ,
               but
               I
               charge
               you
               never
               to
               meddle
               with
               any
               of
               it
               ,
               for
               the
               curse
               of
               God
               will
               follow
               all
               them
               that
               meddle
               with
               such
               a
               thing
               ,
               that
               tends
               to
               the
               destruction
               of
               the
               most
               Apostolical
               Church
               upon
               Earth
               .
            
          
           
             
               A
               brief
               Account
               of
               some
               Interlocutory
               passages
               in
               Parliament
               ,
               in
               which
               my
               Lord
               of
               Strafford
               so
               discovered
               his
               Wit
               and
               Temper
               ,
               that
               the
               Court
               took
               particular
               notice
               of
               him
               .
            
             
               IN
               the
               month
               of
               September
               ,
               1626.
               
               The
               King
               having
               special
               occasions
               ,
               to
               be
               furnished
               with
               Money
               ,
               suitable
               to
               the
               importance
               of
               his
               undertakings
               ,
               for
               the
               relief
               of
               the
               King
               of
               Denmark
               ,
               His
               Majesty
               came
               to
               this
               Resolution
               :
               That
               the
               urgency
               of
               affairs
               not
               admitting
               the
               way
               of
               Parliament
               ,
               the
               most
               speedy
               ,
               equal
               ,
               and
               convenient
               means
               were
               by
               a
               general
               Loan
               from
               the
               Subject
               ,
               according
               as
               every
               man
               was
               Assessed
               in
               the
               Rolls
               of
               the
               last
               Subsidy
               .
            
             
               Upon
               which
               Result
               ,
               the
               King
               forthwith
               chose
               Commissioners
               for
               the
               Loan
               ,
               and
               caused
               a
               Declaration
               to
               be
               published
               ,
               wherein
               he
               alledged
               for
               this
               course
               of
               Supply
               ,
               the
               Reasons
               set
               down
               at
               large
               in
               his
               late
               Declaration
               ,
               touching
               the
               Dissolution
               of
               the
               Parliament
               2
               o
               Car.
               adding
               farther
               ,
               That
               the
               urgency
               of
               the
               occasion
               would
               not
               give
               leave
               to
               the
               calling
               of
               a
               Parliament
               .
            
             
               In
               the
               said
               year
               1626.
               
               Sir
               
                 Thomas
                 Wentworth
              
               having
               a
               Privy
               Seal
               sent
               unto
               him
               about
               the
               Loan-money
               ,
               and
               to
               advance
               the
               sum
               of
               40
               l.
               to
               the
               King
               ,
               he
               (
               amongst
               other
               things
               in
               the
               County
               of
               York
               )
               refused
               to
               lend
               the
               same
               ,
               as
               being
               a
               Demand
               contrary
               to
               the
               Right
               and
               Property
               of
               the
               Subject
               ,
               to
               part
               with
               their
               Money
               ,
               but
               by
               consent
               of
               Parliament
               .
            
             
               The
               Non-Subscribers
               of
               high
               Rank
               ,
               and
               Rate
               in
               most
               Counties
               ,
               were
               bound
               over
               by
               Recognizance
               ,
               to
               tender
               their
               appearance
               at
               the
               Council
               Table
               ,
               and
               divers
               of
               them
               were
               committed
               to
               prison
               ;
               but
               others
               also
               of
               Quality
               ,
               were
               appointed
               to
               several
               Confinements
               ,
               not
               in
               their
               own
               ,
               but
               in
               remote
               Counties
               .
            
             
               Sir
               
                 Thomas
                 Wentworth
              
               and
               
                 Geo.
                 Ratcliffe
              
               ,
               
                 Esq
              
               (
               afterwards
               Sir
               George
               )
               were
               sent
               by
               Messengers
               from
               the
               Council
               ,
               and
               removed
               out
               of
               the
               County
               of
               York
               into
               the
               County
               of
               Kent
               ,
               and
               there
               secured
               by
               Confinement
               ,
               and
               during
               this
               Restraint
               and
               Confinement
               ,
               a
               Parliament
               was
               called
               ,
               which
               was
               to
               meet
               March
               17.
               3
               
               Car.
               1627.
               
            
             
               In
               the
               month
               of
               Iuly
               ,
               before
               the
               calling
               of
               this
               Parliament
               ,
               the
               Lord
               Conway
               ,
               Secretary
               of
               State
               ,
               brought
               a
               Message
               from
               the
               King
               to
               Arch-bishop
               Abbot
               ,
               that
               it
               was
               His
               Majesties
               pleasure
               ,
               he
               would
               withdraw
               from
               his
               Houses
               at
               Lambeth
               and
               Croydon
               ,
               and
               go
               to
               Canterbury
               ,
               and
               reside
               there
               .
            
             
               What
               is
               my
               fault
               (
               said
               the
               Arch-Bishop
               )
               that
               brings
               this
               message
               of
               Removal
               and
               Confinement
               upon
               me
               ?
               Although
               (
               said
               the
               Secretary
               )
               I
               have
               no
               Commission
               to
               tell
               you
               ,
               it
               is
               for
               a
               Book
               you
               would
               not
               Licence
               for
               the
               Kings
               Service
               ;
               and
               afterwards
               the
               Arch-Bishop
               understood
               more
               particularly
               ,
               that
               besides
               that
               ,
               it
               was
               because
               Sir
               
                 Thomas
                 Wentworth
              
               made
               resort
               to
               the
               Arch-Bishops
               House
               ,
               at
               times
               of
               Dinner
               and
               Supper
               .
            
             
             
               As
               for
               Sir
               
                 Thomas
                 Wentworth
              
               ,
               he
               had
               good
               occasion
               to
               send
               unto
               me
               ,
               and
               sometimes
               to
               see
               me
               ,
               because
               we
               were
               joynt
               Executors
               to
               Sir
               
                 George
                 Savile
              
               ,
               who
               married
               his
               Sister
               ,
               and
               was
               my
               Pupil
               at
               Oxford
               ,
               to
               which
               Son
               also
               ,
               Sir
               
                 Thomas
                 Wentworth
              
               and
               I
               were
               Guardians
               ,
               as
               may
               appear
               in
               the
               
                 Court
                 of
                 Wards
              
               ,
               and
               many
               things
               passed
               between
               us
               in
               that
               behalf
               ;
               yet
               to
               my
               remembrance
               ,
               I
               saw
               not
               this
               Gentleman
               but
               once
               these
               three
               quarters
               of
               a
               year
               last
               past
               ,
               at
               which
               time
               he
               came
               to
               see
               his
               Brother-in-law
               the
               Lord
               Clifford
               ,
               who
               was
               then
               with
               me
               at
               Dinner
               at
               Lambeth
               .
            
          
        
         
           
             Saturday
             ,
             March
             the
             22th
             .
          
           
             THe
             time
             of
             the
             House
             was
             spent
             in
             opening
             the
             Grievances
             ,
             and
             State
             of
             the
             Kingdom
             ,
             as
             Billeting
             of
             Soldiers
             ,
             Benevolencies
             ,
             and
             Privy
             Seals
             ,
             and
             the
             imprisoning
             certain
             Gentlemen
             ,
             who
             refused
             to
             lend
             upon
             that
             account
             ,
             &c.
             
             Sir
             
               Francis
               Seymor
            
             spake
             first
             ,
             and
             said
             ,
          
           
             
               THis
               is
               the
               great
               Council
               of
               the
               Kingdom
               ,
               and
               here
               (
               if
               not
               here
               alone
               )
               His
               Majesty
               may
               see
               ,
               as
               in
               a
               true
               Glass
               ,
               the
               State
               of
               the
               Kingdom
               ,
               &c.
               
               We
               are
               called
               hither
               by
               His
               Majesties
               Writs
               ,
               to
               give
               him
               faithful
               Council
               ,
               such
               as
               may
               stand
               with
               His
               Honor
               ;
               but
               this
               we
               must
               do
               without
               flattery
               ,
               we
               are
               sent
               hither
               by
               the
               Commons
               to
               discharge
               the
               Trust
               reposed
               in
               us
               ,
               by
               delivering
               up
               their
               just
               Grievances
               ,
               and
               this
               we
               must
               do
               without
               fear
               :
               Let
               us
               not
               therefore
               be
               like
               the
               Cambyses
               Judges
               ,
               who
               being
               demanded
               of
               their
               King
               ,
               Whether
               it
               were
               not
               lawful
               for
               him
               to
               do
               what
               in
               it self
               was
               unlawful
               ,
               they
               (
               rather
               to
               please
               the
               King
               than
               to
               discharge
               their
               own
               Consciences
               )
               Answered
               ,
               That
               the
               Persian
               Kings
               might
               do
               what
               they
               listed
               ,
               &c.
               
               Flattery
               tends
               to
               mischief
               ,
               being
               fitter
               for
               reproof
               than
               imitation
               ,
               and
               as
               Flattery
               ,
               so
               Fear
               taketh
               away
               the
               Judgement
               ;
               let
               us
               not
               then
               be
               possessed
               with
               Fear
               or
               Flattery
               ,
               of
               corruptions
               the
               basest
               :
               For
               my
               own
               part
               ,
               I
               shall
               shun
               both
               these
               ,
               and
               speak
               my
               Conscience
               with
               as
               much
               Duty
               to
               His
               Majesty
               as
               any
               man
               ,
               but
               not
               neglecting
               the
               Publique
               ,
               in
               which
               His
               Majesty
               and
               the
               Common-wealth
               have
               an
               interest
               :
               but
               how
               can
               we
               shew
               our
               Affections
               ,
               whilst
               we
               retain
               our
               Fears
               ?
               or
               how
               can
               we
               think
               of
               giving
               Subsidies
               ,
               till
               we
               know
               whether
               we
               have
               any
               thing
               to
               give
               or
               no
               ?
               For
               if
               His
               Majesty
               be
               perswaded
               by
               any
               to
               take
               from
               His
               Subjects
               what
               He
               will
               ,
               and
               where
               it
               pleashim
               ,
               I
               would
               gladly
               know
               what
               we
               have
               to
               give
               ?
            
          
           
             
               After
               Sir
            
             Francis
             Seymor
             had
             ended
             
               his
               Speech
               ,
               Sir
            
             Thomas
             Wentworth
             
               stood
               up
               and
               said
            
             ,
          
           
             
               THis
               Debate
               carrys
               a
               double
               Aspect
               ,
               towards
               the
               Soverign
               and
               the
               Subject
               ,
               though
               both
               be
               innocent
               ,
               both
               are
               injured
               ,
               and
               both
               to
               be
               cured
               :
               Surely
               in
               the
               greatest
               humility
               I
               speak
               it
               ,
               these
               illegal
               ways
               are
               punishments
               and
               marks
               of
               indignation
               ,
               the
               raising
               of
               Loans
               strengthened
               by
               Commission
               ,
               with
               unheard
               of
               Instructions
               and
               Oaths
               ;
               the
               Billeting
               of
               Soldiers
               by
               the
               Lieutenants
               ,
               and
               Deputy-Lieutenants
               ,
               have
               been
               as
               they
               could
               have
               perswaded
               Christian
               Princes
               ,
               yea
               ,
               Worlds
               ,
               that
               the
               right
               of
               Empires
               ,
               had
               been
               to
               take
               away
               by
               strong
               Hands
               ,
               and
               they
               have
               endeavour'd
               as
               far
               as
               possible
               for
               them
               to
               do
               it
               :
               This
               hath
               not
               been
               done
               by
               the
               King
               (
               under
               the
               pleasing
               shade
               of
               whose
               Crown
               ,
               I
               hope
               we
               shall
               ever
               gather
               the
               Fruits
               of
               Justice
               )
               but
               by
               Projectors
               ,
               who
               
               have
               extended
               the
               Prerogative
               of
               the
               King
               ,
               beyond
               the
               just
               Symetry
               ,
               which
               maketh
               a
               sweet
               harmony
               of
               the
               whole
               :
               They
               have
               brought
               the
               Crown
               into
               greater
               want
               than
               ever
               ,
               by
               anticipating
               the
               Revenues
               ;
               and
               can
               the
               Shepherd
               be
               thus
               smitten
               ,
               and
               the
               Sheep
               not
               scattered
               ?
               They
               have
               introduced
               a
               Privy
               Council
               ,
               ravishing
               at
               once
               the
               Spheres
               of
               all
               antient
               Government
               ;
               imprisoning
               us
               without
               Bail
               or
               Bond
               ;
               They
               have
               taken
               from
               us
               ,
               (
               what
               shall
               I
               say
               indeed
               ,
               what
               have
               they
               left
               us
               ?
               )
               all
               means
               of
               supplying
               the
               King
               ,
               and
               ingratiating
               our selves
               with
               him
               ,
               taking
               up
               the
               root
               of
               all
               Propriety
               ,
               which
               if
               it
               be
               not
               seasonably
               set
               again
               into
               the
               ground
               by
               His
               Majesties
               own
               Hands
               ,
               we
               shall
               have
               
                 instead
                 of
                 Beauty
                 ,
                 Baldness
              
               .
               To
               the
               making
               of
               those
               whole
               ,
               I
               shall
               apply
               my self
               ,
               and
               propound
               a
               remedy
               to
               all
               these
               Diseases
               :
               by
               one
               and
               the
               same
               thing
               have
               King
               and
               People
               been
               hurt
               ,
               and
               by
               the
               same
               must
               they
               be
               cured
               ;
               To
               vindicate
               which
               ,
               shall
               we
               propound
               new
               things
               ?
               No
               ,
               our
               antient
               vital
               Liberties
               by
               enforcing
               the
               antient
               Laws
               made
               by
               our
               Ancestors
               ,
               by
               setting
               forth
               such
               a
               Character
               of
               them
               ,
               as
               no
               Licentions
               Spirit
               shall
               dare
               to
               enter
               upon
               them
               ,
               will
               do
               the
               business
               ;
               and
               shall
               we
               think
               this
               is
               a
               Way
               to
               break
               a
               Parliament
               ?
               No
               ,
               our
               desires
               are
               Modest
               and
               Just
               ,
               I
               speak
               truly
               ,
               both
               for
               the
               interest
               of
               King
               and
               People
               ;
               if
               we
               enjoy
               not
               these
               ,
               it
               will
               be
               impossible
               for
               to
               releive
               him
               .
            
          
           
             
               Therefore
               let
               us
               never
               fear
               ,
               they
               shall
               not
               be
               accepted
               by
               his
               goodness
               ,
               wherefore
               I
               shall
               shortly
               descend
               to
               my
               Motions
               ,
               consisting
               of
               four
               Parts
               ,
               two
               of
               which
               have
               relation
               to
               our
               Persons
               ,
               two
               to
               the
               propriety
               of
               Goods
               for
               our
               Persons
               ;
               First
               ,
               the
               Freedom
               of
               them
               from
               imployment
               abroad
               ,
               contrary
               to
               the
               antient
               Customs
               :
               For
               our
               Goods
               ,
               that
               no
               Levies
               be
               made
               ,
               but
               by
               Parliaments
               .
               Secondly
               ,
               No
               Billeting
               of
               Soldiers
               :
               It
               is
               most
               necessary
               ,
               that
               these
               be
               resolved
               ,
               that
               the
               Subject
               may
               be
               secured
               in
               both
               .
            
          
        
         
           
             Monday
             ,
             March
             24.
             
          
           
             SEcretary
             Cook
             renewed
             the
             Motion
             of
             Supply
             for
             His
             Majesty
             ;
             yet
             so
             ,
             that
             Grievances
             be
             taken
             into
             Consideration
             ;
             We
             all
             think
             (
             said
             he
             )
             that
             both
             these
             goe
             hand
             in
             hand
             together
             :
             but
             let
             me
             put
             you
             in
             mind
             of
             that
             which
             concerns
             the
             King
             ,
             let
             him
             have
             the
             Precedency
             of
             Honor
             ,
             if
             not
             of
             Time
             ;
             Let
             Heads
             of
             the
             Kings
             Supply
             be
             first
             propounded
             :
             No
             King
             is
             more
             ready
             to
             hear
             the
             complaints
             of
             His
             Subjects
             ;
             and
             withal
             ,
             you
             know
             ,
             no
             King
             is
             more
             sensible
             of
             all
             reproaches
             which
             touch
             his
             Honor
             :
             Would
             it
             not
             be
             fit
             to
             grant
             him
             this
             Honor
             to
             have
             the
             Precedency
             ,
             this
             will
             have
             good
             Aspect
             abroad
             ,
             it
             will
             prevent
             Divisions
             at
             home
             ,
             &c.
             
          
           
             The
             first
             sower
             of
             Seeds
             of
             Distractions
             amonst
             us
             ,
             was
             an
             Agent
             from
             
               Spain
               (
               Gundemore
            
             )
             that
             did
             his
             Master
             great
             service
             here
             and
             at
             home
             ;
             since
             that
             ,
             we
             have
             other
             Ministers
             that
             have
             blown
             the
             fire
             ;
             the
             Ambassador
             of
             France
             ,
             who
             told
             his
             Master
             at
             home
             ,
             that
             he
             had
             wrought
             divisions
             here
             between
             King
             and
             People
             ,
             and
             he
             was
             rewarded
             ;
             Whilst
             we
             sate
             here
             in
             Parliament
             ,
             there
             was
             another
             intended
             Parliament
             within
             a
             mile
             of
             this
             place
             ;
             this
             was
             discovered
             by
             Letters
             sent
             to
             Rome
             ,
             and
             the
             place
             of
             their
             meeting
             is
             now
             changed
             ;
             I
             desire
             the
             meanest
             judgement
             will
             consider
             what
             may
             follow
             in
             giving
             precedency
             to
             His
             Majesty
             ;
             in
             so
             doing
             ,
             we
             shall
             put
             from
             our selves
             many
             Imputations
             ;
             This
             matter
             coming
             to
             no
             resolution
             this
             day
             ,
             Secretary
             Cook
             the
             next
             day
             tendred
             to
             the
             House
             certain
             Propositions
             from
             the
             King
             ,
             touching
             Supply
             .
             viz.
             
          
        
         
           
           
             Wednesday
             ,
             March
             26.
             1628.
             
          
           
             THe
             Propositions
             tendred
             the
             day
             before
             by
             Secretary
             Cook
             from
             His
             Majesty
             ,
             were
             now
             Received
             and
             Read
             ,
             but
             the
             Debate
             thereof
             
             was
             referred
             to
             another
             day
             :
             the
             Propositions
             were
             these
             ,
             viz.
             
          
           
             
               1.
               
               To
               furnish
               with
               Men
               and
               Victuals
               ,
               Thirty
               Ships
               to
               guard
               the
               narrow
               Seas
               ,
               and
               along
               the
               Coasts
               .
            
             
               2.
               
               To
               set
               out
               10
               other
               Ships
               for
               the
               relief
               of
               the
               Town
               of
               Rochelle
               .
            
             
               3.
               
               To
               set
               out
               10
               other
               Ships
               for
               the
               preservation
               of
               the
               Elbe
               ,
               the
               Sound
               ,
               and
               
                 Baltick
                 Sea
                 ,
                 &c.
              
               
               
            
          
        
         
           
             Wednesday
             ,
             April
             2.
             4.
             
             Car.
             1.
             
          
           
             The
             business
             of
             Confinement
             came
             into
             Debate
             in
             the
             House
             of
             Commons
             ,
             whereupon
             Sir
             
               Francis
               Seymour
            
             spake
             to
             this
             effect
             .
          
           
             That
             it
             is
             said
             ,
             the
             greatest
             Grievance
             is
             want
             of
             Supply
             ,
             but
             I
             hold
             it
             a
             greater
             Grievance
             ,
             that
             His
             Majesty
             is
             brought
             into
             these
             necessitys
             ,
             especially
             ,
             considering
             the
             Supplys
             that
             of
             late
             have
             been
             given
             to
             the
             King
             ,
             of
             two
             Subsidies
             in
             Parliament
             ,
             besides
             Privy
             Seals
             ;
             and
             that
             the
             late
             Loan
             ,
             whereby
             Five
             Subsidies
             were
             forcedly
             ,
             and
             unadvisedly
             taken
             ;
             that
             it
             is
             not
             then
             what
             the
             Subjects
             do
             give
             ,
             unless
             His
             Majesty
             do
             employ
             men
             of
             integrity
             and
             experience
             ;
             otherwise
             ,
             all
             that
             we
             give
             ,
             will
             be
             as
             cast
             into
             a
             bottomless
             Bag.
             
          
           
             Upon
             this
             occasion
             Sir
             
               Thomas
               Wentworth
            
             stood
             up
             and
             spake
             as
             followeth
             ;
          
           
             
               I
               Cannot
               forget
               that
               Duty
               I
               owe
               to
               my
               Countrey
               ;
               unless
               we
               be
               secured
               as
               to
               our
               Libertys
               we
               cannot
               give
               :
               I
               speak
               not
               this
               to
               make
               diversions
               ,
               but
               to
               the
               end
               ,
               that
               giving
               ,
               I
               may
               give
               chearfully
               .
               As
               for
               the
               Propositions
               made
               to
               induce
               us
               to
               give
               ,
               and
               to
               be
               considered
               of
               ,
               I
               incline
               to
               decline
               them
               ,
               and
               to
               look
               upon
               the
               State
               of
               our
               Countrey
               ,
               whether
               it
               be
               fit
               to
               give
               or
               no.
               Are
               we
               come
               to
               an
               end
               for
               our
               Countreys
               Libertys
               ?
               have
               we
               entrenched
               on
               the
               right
               of
               the
               Deputy-Lieutenants
               ?
               are
               we
               secured
               for
               time
               future
               ?
            
          
           
             Whereupon
             Mr.
             Selden
             speaking
             also
             upon
             this
             occasion
             of
             the
             Confinement
             of
             Sir
             
               Tho.
               Wentworth
               ,
               &c.
            
             said
             ,
          
           
             THat
             though
             Confinement
             is
             different
             from
             Imprisonment
             ,
             yet
             it
             is
             against
             the
             Law
             that
             any
             should
             be
             Confined
             to
             his
             House
             or
             elsewhere
             .
             I
             know
             not
             what
             you
             can
             call
             a
             punishment
             ,
             but
             here
             is
             some
             grounds
             of
             it
             ,
             or
             mention
             thereof
             in
             Acts
             of
             Parliament
             ,
             Books
             of
             Records
             ,
             but
             for
             this
             Confinement
             I
             find
             none
             ;
             Indeed
             Iews
             have
             been
             Confined
             in
             former
             times
             to
             certain
             places
             ,
             as
             here
             in
             London
             to
             the
             Iewry
             ,
             now
             called
             the
             
               Old
               Iewry
               ,
               &c.
            
             
          
           
           
             Hereupon
             Sir
             
               Tho.
               Wentworth
            
             spake
             briefly
             as
             to
             Sir
             
               Peter
               Heymans
            
             enforced
             Imployment
             beyond
             Seas
             ;
             That
             if
             any
             man
             ows
             a
             man
             a
             displeasure
             ,
             and
             shall
             procure
             him
             to
             be
             put
             into
             Forreign
             employment
             ,
             it
             will
             be
             a
             matter
             of
             high
             Concern
             in
             the
             Effect
             .
             We
             know
             the
             Honor
             and
             Justice
             of
             the
             King
             ,
             but
             we
             know
             not
             what
             his
             Ministers
             ,
             or
             the
             mediation
             of
             Ambassadors
             may
             do
             ,
             to
             hold
             their
             own
             wrath
             upon
             any
             man.
             
          
        
         
           
             April
             11.
             4
             
             Car.
             1.
             
          
           
             MR.
             Secretary
             Cook
             moved
             for
             expediting
             of
             Subsidys
             ,
             and
             turning
             of
             the
             Votes
             into
             an
             Act
             (
             saying
             )
             We
             have
             Finally
             and
             Chearfully
             given
             the
             King
             Five
             Subsidies
             ,
             but
             no
             time
             is
             appointed
             ,
             and
             Subsidy
             without
             time
             is
             no
             Subsidy
             ,
             let
             us
             appoint
             a
             time
             .
          
           
             To
             which
             Sir
             
               Dudly
               Diggs
            
             spake
             thus
             ;
             We
             have
             (
             said
             he
             )
             freely
             concluded
             our
             Libertys
             ;
             we
             have
             offered
             Five
             Subsidys
             ,
             His
             Majesty
             hath
             given
             us
             Gracious
             Answers
             ,
             and
             nothing
             is
             done
             that
             the
             King
             can
             take
             notice
             of
             ,
             &c.
             
          
           
             
               Hereupon
               Sir
               
                 Tho.
                 Wentworth
              
               proposed
               a
               middle
               way
               ,
               
                 (
                 viz.
              
               )
               That
               when
               we
               set
               down
               the
               time
               ,
               be
               sure
               the
               Subjects
               Libertys
               go
               hand
               in
               hand
               together
               with
               the
               Kings
               Supply
               ;
               then
               to
               resolve
               of
               the
               time
               ,
               but
               not
               to
               report
               it
               to
               the
               House
               till
               we
               have
               a
               ground
               ,
               and
               a
               Bill
               for
               our
               Liberties
               ;
               This
               is
               the
               way
               to
               come
               off
               fairly
               ,
               and
               prevent
               jealousies
               ;
               Hereupon
               the
               Committee
               of
               the
               whole
               House
               Resolved
               ,
               That
               Grievances
               and
               Supply
               goe
               hand
               in
               hand
               .
            
          
        
         
           
             May
             1.
             4
             
             Car.
             
          
           
             MR.
             Secretary
             Cook
             delivered
             a
             Message
             from
             His
             Majesty
             ,
             viz.
             To
             know
             whether
             the
             House
             would
             relye
             on
             His
             Royal
             Word
             or
             no
             ,
             Declared
             to
             them
             by
             the
             Lord
             Keeper
             ?
             which
             if
             they
             do
             ,
             the
             King
             assured
             them
             it
             should
             be
             Royally
             performed
             .
          
           
             Sir
             
               Robert
               Phillips
            
             of
             Somersetshire
             spake
             upon
             this
             occasion
             ,
             and
             said
             ;
             That
             if
             the
             words
             of
             Kings
             strike
             impressions
             in
             the
             Hearts
             of
             Subjects
             ,
             to
             speak
             in
             a
             plain
             Language
             ,
             said
             he
             ,
             We
             are
             now
             come
             to
             the
             end
             of
             our
             journey
             ,
             and
             the
             well
             disposing
             of
             an
             Answer
             to
             this
             Message
             ,
             will
             give
             Happiness
             or
             Misery
             to
             this
             Kingdom
             ;
             Let
             us
             set
             the
             Common-wealth
             of
             England
             before
             the
             Eyes
             of
             His
             Majesty
             ,
             that
             we
             may
             justify
             to
             the
             world
             ,
             that
             we
             have
             demeaned
             our selves
             ,
             as
             dutiful
             Subjects
             to
             His
             Majesty
             .
          
           
             Hereupon
             Sir
             
               Thomas
               Wentworth
            
             stood
             up
             and
             concluded
             the
             Debate
             ,
             saying
             ,
          
           
             
               That
               never
               House
               of
               Parliament
               trusted
               more
               in
               the
               goodness
               of
               their
               King
               ,
               for
               their
               own
               private
               ,
               than
               the
               present
               ;
               but
               we
               are
               ambitious
               ,
               that
               His
               Majestys
               goodness
               may
               remain
               to
               Posterity
               ,
               and
               we
               are
               accountable
               to
               publique
               Trust
               ,
               and
               therefore
               seeing
               there
               hath
               been
               a
               publique
               violation
               of
               the
               Laws
               by
               His
               Ministers
               ,
               nothing
               will
               satisfy
               him
               but
               a
               publique
               Mends
               ;
               and
               to
               our
               desire
               vindicate
               the
               Subjects
               Rights
               by
               Bill
               ,
               is
               no
               more
               than
               is
               laid
               down
               in
               former
               Laws
               ,
               with
               some
               modest
               provision
               for
               Restriction
               ,
               Performance
               ,
               and
               Execution
               ;
               and
               this
               so
               
               well
               agreed
               with
               the
               sense
               of
               the
               House
               ;
               that
               they
               made
               it
               the
               subject
               of
               a
               Message
               to
               be
               delivered
               by
               the
               Speaker
               to
               His
               Majesty
               .
            
          
           
             Whilst
             the
             Lords
             afterwards
             were
             in
             Debate
             of
             the
             
               Petition
               of
               Right
            
             ,
             they
             were
             pleased
             at
             a
             Conference
             to
             propose
             to
             the
             Commons
             ,
             this
             following
             addition
             to
             the
             
               Petition
               of
               Right
               ,
               viz.
            
             
          
           
             1.
             
             We
             present
             this
             our
             Humble
             Petition
             to
             Your
             Majesty
             ,
             with
             the
             care
             ,
             not
             only
             of
             preserving
             our
             own
             Liberties
             ,
             but
             with
             due
             regard
             to
             leave
             intire
             the
             Sovereign
             Power
             ,
             wherewith
             Your
             Majesty
             is
             trusted
             for
             the
             Protection
             ,
             Safety
             ,
             and
             Happiness
             of
             the
             People
             .
          
           
             Upon
             this
             ,
             Sir
             
               Edward
               Cook
            
             spake
             ,
             saving
             ,
             This
             is
             
               Magnum
               in
               Parvo
            
             ,
             This
             is
             propounded
             to
             be
             a
             conclusion
             of
             our
             Petition
             ;
             it
             is
             a
             matter
             of
             great
             weight
             ,
             and
             to
             speak
             plainly
             ,
             it
             will
             overthrow
             all
             our
             Petition
             ,
             it
             trenches
             on
             all
             parts
             of
             it
             .
             Look
             into
             the
             Petition
             of
             former
             times
             ,
             they
             never
             Petitioned
             ,
             wherein
             there
             was
             a
             saving
             of
             the
             Kings
             Sovereignty
             ;
             I
             know
             the
             Prerogative
             is
             part
             of
             the
             Law
             ,
             but
             Sovereign
             Power
             is
             no
             Parliamentary
             word
             &c.
             
          
           
             Sir
             
               Thomas
               Wentworth
            
             spake
             next
             ,
             and
             said
             ,
          
           
             
               IF
               we
               do
               admit
               of
               this
               Addition
               ,
               we
               shall
               leave
               the
               Subjects
               worse
               than
               we
               found
               them
               ,
               and
               we
               shall
               have
               little
               thanks
               for
               our
               labour
               when
               we
               come
               home
               ;
               let
               us
               leave
               all
               Power
               to
               His
               Majesty
               to
               punish
               Malefactors
               ,
               but
               these
               Laws
               are
               not
               acquainted
               with
               Sovereign
               Power
               ,
               we
               desire
               no
               new
               thing
               ,
               nor
               do
               we
               offer
               to
               trench
               upon
               His
               Majestys
               Prerogative
               ,
               we
               may
               not
               recede
               from
               this
               Petition
               ,
               neither
               in
               part
               or
               in
               whole
               ;
               To
               add
               a
               saving
               is
               not
               safe
               ,
               doubtful
               words
               may
               beget
               an
               ill
               construction
               ,
               and
               the
               words
               are
               not
               only
               doubtful
               words
               ,
               but
               words
               unknown
               to
               us
               ,
               and
               never
               asked
               in
               one
               Act
               or
               Petition
               before
               .
            
          
           
             2.
             
             Now
             he
             began
             to
             be
             more
             generally
             taken
             notice
             of
             by
             all
             men
             ,
             and
             his
             Fame
             to
             spread
             abroad
             ,
             where
             publique
             Affairs
             ,
             and
             the
             Criticismes
             of
             the
             times
             were
             discoursed
             by
             the
             most
             refined
             Judgments
             ;
             those
             who
             were
             infected
             with
             popularity
             ,
             flattering
             themselves
             ,
             that
             he
             was
             inclined
             to
             support
             their
             inclination
             ,
             and
             would
             prove
             a
             Champion
             upon
             that
             account
             ;
             but
             such
             discourse
             ,
             as
             it
             endeared
             him
             to
             his
             Countrey
             ,
             so
             it
             begot
             to
             him
             an
             interest
             in
             the
             bosom
             of
             his
             Prince
             ,
             who
             ,
             (
             having
             a
             discerning
             Judgment
             of
             Men
             )
             quickly
             made
             his
             observation
             of
             Wentworth
             ,
             that
             he
             was
             a
             person
             framed
             for
             great
             affairs
             ,
             and
             fit
             to
             be
             near
             His
             Royal
             Person
             and
             Councils
             .
          
           
             About
             this
             time
             ,
             in
             the
             heat
             of
             so
             general
             a
             report
             of
             him
             ;
             Sir
             
               Richard
               Weston
            
             ,
             then
             Lord
             High
             Treasurer
             after
             Earl
             of
             Portland
             ,
             a
             person
             also
             eminent
             for
             his
             acute
             and
             clear
             parts
             ,
             coveted
             acquaintance
             with
             this
             Gentleman
             ;
             and
             there
             not
             being
             wanting
             discreet
             Agents
             to
             accomplish
             what
             my
             Lord
             Treasurer
             desired
             ,
             it
             was
             soon
             effected
             .
             After
             the
             first
             view
             a
             familiarity
             was
             begotten
             ,
             and
             next
             a
             deep
             friendship
             .
             It
             happened
             ,
             that
             in
             some
             Conferences
             ,
             they
             touched
             upon
             the
             popular
             Humor
             (
             as
             they
             termed
             it
             )
             then
             appearing
             in
             the
             House
             of
             Commons
             ,
             and
             the
             present
             ways
             they
             were
             in
             as
             tending
             to
             no
             good
             ,
             he
             proposed
             the
             most
             rational
             and
             plausible
             mediations
             that
             could
             be
             ,
             for
             the
             present
             juncture
             of
             affairs
             ,
             in
             somuch
             ,
             that
             his
             judgment
             in
             things
             was
             much
             valued
             and
             followed
             .
          
           
             In
             some
             time
             after
             he
             was
             made
             Baron
             Wentworth
             ,
             and
             had
             so
             gained
             His
             Majesties
             opinion
             ,
             that
             he
             was
             also
             created
             Viscount
             Wentworth
             of
             
             Wentworth-Woodhouse
             ,
             made
             one
             of
             His
             Majestys
             Privy
             Council
             ,
             Lord-Lieutenant
             of
             the
             County
             of
             York
             ,
             and
             Lord-President
             of
             the
             North
             ;
             In
             this
             Trust
             he
             Governed
             himself
             with
             such
             skill
             ,
             especially
             in
             those
             high
             contested
             points
             then
             in
             consultation
             ,
             that
             he
             pleased
             his
             Prince
             ,
             and
             improved
             His
             Majesties
             Revenue
             .
          
           
             His
             frequent
             appearance
             at
             the
             Council-Board
             ,
             quickly
             gave
             occasion
             to
             that
             Great
             Prelate
             Archbishop
             Laud
             (
             then
             Bishop
             of
             London
             )
             and
             himself
             ,
             to
             discern
             one
             anothers
             parts
             ,
             begetting
             a
             right
             understanding
             betwixt
             them
             ,
             which
             grew
             into
             so
             inviolable
             a
             friendship
             ,
             that
             nothing
             but
             the
             inevitable
             stroke
             of
             death
             could
             separate
             them
             ,
             who
             ,
             whilst
             they
             lived
             ,
             constantly
             united
             their
             great
             Hearts
             and
             Understandings
             ,
             for
             the
             advancing
             the
             Church
             ,
             and
             the
             service
             of
             their
             Prince
             .
          
           
             The
             Cedar
             was
             still
             growing
             ,
             though
             perhaps
             ,
             to
             the
             dislike
             of
             some
             Emulators
             ,
             yet
             to
             the
             general
             satisfaction
             of
             all
             such
             as
             had
             ability
             enough
             to
             judge
             of
             his
             Parts
             .
          
           
             His
             next
             advance
             was
             to
             be
             Lord-Deputy
             ,
             and
             Chief
             Governor
             of
             Ireland
             :
             The
             affairs
             of
             that
             Realm
             being
             in
             much
             disorder
             by
             the
             temper
             of
             the
             Popish
             party
             there
             ,
             who
             did
             not
             with
             moderation
             ,
             make
             use
             of
             the
             Kings
             Clemency
             to
             them
             ,
             in
             relaxation
             of
             the
             rigor
             of
             some
             penal
             Statutes
             .
          
           
             He
             began
             with
             the
             Church
             ,
             in
             the
             Reformation
             of
             his
             Kingdom
             ,
             and
             first
             procured
             of
             the
             King
             ,
             by
             the
             joynt
             mediation
             of
             the
             Archbishop
             ,
             That
             all
             the
             Impropriations
             then
             in
             the
             Crown
             ,
             would
             be
             restored
             to
             the
             Church
             in
             that
             Nation
             ,
             though
             to
             some
             diminution
             of
             the
             Royal
             Revenue
             ,
             and
             advanced
             Learned
             men
             ,
             whose
             Judgments
             were
             for
             Episcopacy
             .
          
           
             He
             raised
             in
             Ireland
             Eight
             Regiments
             for
             the
             Kings
             service
             ,
             each
             consisting
             of
             1000
             men
             ,
             in
             Ten
             Companies
             ,
             besides
             Two
             more
             ,
             which
             he
             intended
             to
             be
             raised
             in
             the
             nearest
             part
             of
             Wales
             .
          
           
             Before
             this
             Army
             already
             raised
             ,
             was
             dispersed
             into
             their
             several
             quarters
             ,
             all
             which
             were
             in
             the
             Province
             of
             Ulster
             ,
             near
             the
             Sea
             ,
             in
             sight
             of
             Scotland
             ,
             the
             Lord-Lieutenant
             returned
             into
             England
             by
             His
             Majesties
             Command
             ,
             where
             an
             Army-Royal
             was
             Levied
             ,
             in
             opposition
             to
             the
             Scotish
             design
             ,
             leaving
             an
             Honourable
             person
             Mr.
             
               Christopher
               Wandesford
            
             ,
             Master
             of
             the
             Rolls
             ,
             Lord-Deputy
             ;
             the
             Command
             of
             General
             of
             that
             Royal
             Army
             in
             England
             ,
             was
             given
             to
             the
             Earl
             of
             Northumberland
             ,
             then
             Lord-Admiral
             of
             England
             ,
             upon
             whose
             sickness
             the
             Earl
             of
             Strafford
             was
             made
             Lieutenant-General
             ,
             who
             having
             undertaken
             the
             Command
             of
             this
             Army
             ,
             signified
             by
             Letter
             from
             Dublin
             to
             the
             Archbishop
             Laud
             ,
             that
             he
             durst
             venture
             (
             upon
             peril
             of
             his
             Head
             )
             to
             drive
             the
             Scots
             out
             of
             England
             ,
             but
             that
             he
             did
             not
             hold
             it
             proper
             ,
             as
             the
             case
             then
             stood
             for
             him
             to
             advise
             that
             course
             ;
             but
             if
             any
             of
             the
             Lords
             would
             advise
             the
             King
             to
             try
             his
             fortune
             in
             Battle
             ,
             he
             doubted
             not
             of
             sending
             them
             home
             in
             more
             hast
             than
             they
             came
             ;
             but
             this
             severity
             and
             indiscretion
             of
             his
             against
             that
             Kingdom
             when
             things
             were
             ripe
             ,
             did
             much
             hasten
             his
             ruine
             and
             destruction
             ,
             as
             may
             be
             seen
             by
             the
             following
             Impeachment
             .
          
           
             
               
                 
                   
                     The
                     Charge
                     of
                     the
                     Scotish
                     Commissioners
                     against
                     Thomas
                     Earl
                     of
                     Strafford
                     .
                  
                   
                     IN
                     our
                     Declarations
                     we
                     have
                     joyned
                     with
                     Canterbury
                     ,
                     the
                     Lord-Lieutenant
                     
                     of
                     Ireland
                     ,
                     whose
                     Malice
                     hath
                     set
                     all
                     his
                     Wits
                     and
                     Power
                     on
                     work
                     ,
                     to
                     devise
                     ,
                     and
                     do
                     mischief
                     against
                     our
                     Kirk
                     and
                     Countrey
                     .
                     No
                     other
                     cause
                     of
                     his
                     malice
                     can
                     we
                     conceive
                     ,
                     but
                     ,
                     First
                     his
                     Pride
                     ,
                     and
                     Supercilious
                     
                     disdain
                     of
                     the
                     Kirk
                     of
                     Scotland
                     ,
                     which
                     in
                     his
                     opinion
                     ,
                     declared
                     by
                     his
                     Speeches
                     ,
                     hath
                     not
                     in
                     it
                     almost
                     any
                     thing
                     of
                     a
                     Kirk
                     ,
                     although
                     the
                     Reformed
                     Kirks
                     ,
                     and
                     many
                     worthy
                     Divines
                     of
                     England
                     ,
                     have
                     given
                     ample
                     testimony
                     to
                     the
                     Reformation
                     of
                     the
                     Kirk
                     of
                     Scotland
                     .
                  
                   
                     Secondly
                     ,
                     Our
                     open
                     opposition
                     against
                     the
                     dangerous
                     Innovation
                     of
                     Religion
                     intended
                     and
                     very
                     far
                     promoted
                     in
                     all
                     His
                     Majesties
                     Dominions
                     ,
                     of
                     which
                     he
                     hath
                     shewed
                     himself
                     in
                     his
                     own
                     way
                     ,
                     no
                     less
                     zealous
                     than
                     Canterbury
                     himself
                     ,
                     as
                     may
                     appear
                     by
                     advancing
                     of
                     his
                     Chaplain
                     ,
                     Dr.
                     Bramhal
                     ,
                     not
                     only
                     to
                     the
                     Bishoprick
                     of
                     Derry
                     ,
                     but
                     also
                     to
                     be
                     Vicar-General
                     of
                     Ireland
                     ;
                     a
                     man
                     prompted
                     for
                     exalting
                     of
                     Canterburian
                     Popery
                     ,
                     and
                     Arminianism
                     ,
                     that
                     thus
                     himself
                     might
                     have
                     the
                     power
                     of
                     both
                     Swords
                     ,
                     against
                     all
                     that
                     should
                     maintain
                     ,
                     the
                     Reformation
                     ,
                     by
                     his
                     bringing
                     of
                     Dr.
                     Chappel
                     ,
                     a
                     man
                     of
                     the
                     same
                     Spirit
                     ,
                     to
                     the
                     University
                     of
                     Dublin
                     ,
                     for
                     poysoning
                     the
                     Fountains
                     ,
                     and
                     corrupting
                     the
                     Seminarys
                     of
                     the
                     Kirk
                     .
                  
                   
                     Thirdly
                     ,
                     When
                     the
                     Primate
                     of
                     Ireland
                     did
                     press
                     a
                     new
                     ratification
                     of
                     the
                     Articles
                     of
                     that
                     Kirk
                     in
                     Parliament
                     ,
                     for
                     barring
                     such
                     Novations
                     in
                     Religion
                     ,
                     he
                     boldly
                     menaced
                     him
                     with
                     the
                     burning
                     by
                     the
                     hand
                     of
                     the
                     Hangman
                     ,
                     all
                     of
                     that
                     Confession
                     ,
                     although
                     confirmed
                     in
                     former
                     Parliaments
                     .
                  
                   
                     When
                     he
                     found
                     that
                     the
                     Reformation
                     began
                     in
                     Scotland
                     did
                     stand
                     in
                     his
                     way
                     ,
                     he
                     left
                     no
                     means
                     unassaied
                     to
                     rub
                     disgrace
                     upon
                     us
                     ,
                     and
                     our
                     Cause
                     .
                     The
                     Pieces
                     printed
                     at
                     
                       Dublin
                       ,
                       viz.
                       Examen
                       conjurationis
                       Scotianae
                       ,
                    
                     the
                     
                       Ungirding
                       of
                       the
                       Scotish
                       Armor
                    
                     :
                     and
                     the
                     Pamphlet
                     ,
                     bearing
                     the
                     counterfeit
                     name
                     of
                     
                       Lisimachus
                       Nicanor
                    
                     ,
                     all
                     three
                     so
                     full
                     of
                     Calumnies
                     ,
                     Slanders
                     ,
                     Scurril●ys
                     against
                     our
                     Countrey
                     ,
                     and
                     Reformation
                     ,
                     that
                     the
                     Jesuits
                     in
                     their
                     greatest
                     spite
                     ,
                     could
                     not
                     have
                     said
                     more
                     ,
                     yet
                     not
                     only
                     the
                     Authors
                     were
                     countenanced
                     and
                     rewarded
                     by
                     him
                     ,
                     but
                     the
                     Books
                     must
                     bear
                     his
                     Name
                     ,
                     as
                     the
                     great
                     Patron
                     both
                     of
                     the
                     Work
                     and
                     Workman
                     .
                  
                   
                     When
                     the
                     National
                     Oath
                     and
                     Covenant
                     warranted
                     by
                     our
                     general
                     Assemblies
                     ,
                     was
                     approved
                     by
                     Parliament
                     ,
                     in
                     the
                     Articles
                     subscribed
                     in
                     the
                     Kings
                     Name
                     ,
                     by
                     His
                     Majesties
                     High
                     Commissioner
                     ,
                     and
                     by
                     the
                     Lords
                     of
                     the
                     Privy-Council
                     ,
                     and
                     commanded
                     to
                     be
                     sworn
                     by
                     His
                     Majesties
                     Subjects
                     of
                     all
                     ranks
                     ,
                     and
                     particular
                     ,
                     and
                     plenary
                     information
                     was
                     given
                     unto
                     the
                     Lieutenant
                     ,
                     by
                     men
                     of
                     such
                     quality
                     ,
                     as
                     he
                     ought
                     to
                     have
                     believed
                     of
                     the
                     Loyalty
                     of
                     our
                     hearts
                     to
                     the
                     King
                     ,
                     of
                     the
                     lawfulness
                     of
                     our
                     proceedings
                     ,
                     and
                     innocency
                     of
                     our
                     Covenant
                     ,
                     and
                     whole
                     course
                     ,
                     that
                     he
                     could
                     have
                     no
                     excuse
                     :
                     yet
                     his
                     desperate
                     malice
                     made
                     him
                     to
                     bend
                     his
                     Craft
                     and
                     Cruelty
                     ,
                     his
                     Fraud
                     and
                     Forces
                     against
                     us
                     .
                     For
                     first
                     ,
                     he
                     did
                     craftily
                     call
                     up
                     to
                     Dublin
                     some
                     of
                     our
                     Countreymen
                     ,
                     both
                     of
                     the
                     Nobility
                     and
                     Gentry
                     ,
                     living
                     in
                     Ireland
                     ,
                     shewing
                     them
                     that
                     the
                     King
                     would
                     conceive
                     ,
                     and
                     account
                     them
                     as
                     Conspirers
                     with
                     the
                     Scots
                     in
                     their
                     rebellious
                     courses
                     ,
                     except
                     some
                     remedy
                     were
                     provided
                     ;
                     and
                     for
                     remedy
                     ,
                     suggesting
                     his
                     own
                     wicked
                     invention
                     ,
                     to
                     present
                     unto
                     him
                     ,
                     and
                     his
                     own
                     wicked
                     invention
                     ,
                     to
                     present
                     unto
                     him
                     and
                     his
                     own
                     wicked
                     Council
                     ,
                     a
                     Petition
                     ,
                     which
                     he
                     caused
                     to
                     be
                     framed
                     by
                     the
                     Bishop
                     of
                     Rapho
                     ,
                     and
                     was
                     seen
                     and
                     corrected
                     by
                     himself
                     ,
                     wherein
                     they
                     petitioned
                     to
                     have
                     an
                     Oath
                     given
                     them
                     ,
                     containing
                     a
                     formal
                     renunciation
                     of
                     the
                     Scotish
                     Covenant
                     ,
                     and
                     a
                     deep
                     assurance
                     ,
                     ne-never
                     so
                     much
                     as
                     to
                     protest
                     against
                     any
                     of
                     His
                     Majesties
                     Commandments
                     whatsoever
                     .
                  
                   
                     No
                     sooner
                     was
                     this
                     Oath
                     thus
                     craftily
                     contrived
                     ,
                     but
                     in
                     all
                     hast
                     it
                     is
                     sent
                     to
                     such
                     places
                     of
                     the
                     Kingdom
                     ,
                     where
                     our
                     Countreymen
                     had
                     residence
                     ;
                     
                     and
                     Men
                     ,
                     Women
                     ,
                     and
                     all
                     other
                     persons
                     above
                     the
                     years
                     of
                     Sixteen
                     ,
                     constrained
                     either
                     presently
                     to
                     take
                     the
                     Oath
                     ,
                     and
                     thereby
                     renounce
                     their
                     National
                     Covenant
                     ,
                     as
                     Seditious
                     and
                     Traiterous
                     ,
                     or
                     with
                     violence
                     and
                     cruelty
                     to
                     be
                     haled
                     to
                     the
                     Jail
                     ,
                     Fined
                     above
                     the
                     value
                     of
                     their
                     Estates
                     ,
                     and
                     to
                     be
                     kept
                     close
                     prisoners
                     ,
                     and
                     so
                     far
                     as
                     we
                     know
                     ,
                     some
                     are
                     yet
                     kept
                     in
                     prison
                     ,
                     both
                     Men
                     and
                     Women
                     of
                     good
                     quality
                     ,
                     for
                     not
                     renouncing
                     that
                     Oath
                     which
                     they
                     had
                     taken
                     40
                     years
                     since
                     ,
                     in
                     the
                     obedience
                     to
                     the
                     King
                     ,
                     who
                     then
                     lived
                     .
                     Besides
                     ,
                     a
                     cruelty
                     ensued
                     ,
                     which
                     may
                     paralel
                     the
                     pesecutions
                     of
                     the
                     most
                     unchristian
                     time
                     :
                     for
                     weak
                     Women
                     dragged
                     to
                     the
                     Bench
                     to
                     take
                     the
                     Oath
                     ,
                     dyed
                     in
                     the
                     place
                     both
                     Mother
                     and
                     Child
                     ,
                     hundreds
                     driven
                     to
                     hide
                     themselves
                     ,
                     till
                     in
                     the
                     darkness
                     of
                     the
                     night
                     they
                     might
                     escape
                     by
                     Sea
                     into
                     Scotland
                     ,
                     whether
                     thousands
                     of
                     them
                     did
                     flye
                     ,
                     being
                     forced
                     to
                     leave
                     Corn
                     ,
                     Cattle
                     ,
                     Houses
                     ,
                     and
                     all
                     they
                     possessed
                     ,
                     to
                     be
                     a
                     prey
                     to
                     their
                     persecuting
                     enemies
                     ,
                     the
                     Lieutenants
                     Officers
                     .
                     And
                     some
                     Indicted
                     and
                     Declared
                     guilty
                     of
                     High
                     Treason
                     ,
                     for
                     no
                     other
                     guiltyness
                     ,
                     but
                     for
                     subscribing
                     our
                     National
                     Oath
                     ,
                     which
                     was
                     not
                     only
                     impiety
                     and
                     injustice
                     in
                     it self
                     ,
                     and
                     an
                     utter
                     undoing
                     of
                     His
                     Majestys
                     Subjects
                     ,
                     but
                     was
                     a
                     weakening
                     of
                     the
                     Scotch
                     Plantation
                     ,
                     to
                     the
                     prejudice
                     of
                     that
                     Kingdom
                     ,
                     and
                     His
                     Majesties
                     Service
                     ,
                     and
                     was
                     a
                     high
                     scandal
                     against
                     the
                     Kings
                     Honor
                     ,
                     and
                     intolerable
                     abuse
                     to
                     His
                     Majesties
                     Trust
                     and
                     Authority
                     ,
                     His
                     Majesties
                     Commission
                     ,
                     which
                     was
                     procured
                     by
                     the
                     Lieutenant
                     ,
                     bearing
                     no
                     other
                     penalty
                     ,
                     than
                     a
                     certification
                     of
                     Noting
                     the
                     names
                     of
                     the
                     refusers
                     of
                     the
                     Oath
                     .
                  
                   
                     But
                     this
                     his
                     restless
                     Rage
                     ,
                     and
                     insatiable
                     Cruelty
                     against
                     our
                     Religion
                     and
                     Countrey
                     ,
                     could
                     not
                     rest
                     here
                     ,
                     nor
                     be
                     kept
                     within
                     the
                     bounds
                     of
                     Ireland
                     ,
                     but
                     proceeded
                     further
                     ,
                     so
                     that
                     by
                     this
                     means
                     a
                     Parliament
                     is
                     called
                     ,
                     and
                     although
                     by
                     the
                     Six
                     Subsidies
                     granted
                     in
                     Parliament
                     not
                     long
                     before
                     ,
                     and
                     by
                     the
                     base
                     means
                     which
                     himself
                     and
                     his
                     Officers
                     did
                     use
                     (
                     as
                     is
                     contained
                     in
                     a
                     late
                     Remonstrance
                     )
                     that
                     Land
                     was
                     extreamly
                     impoverished
                     ,
                     yet
                     by
                     his
                     Speeches
                     full
                     of
                     Oaths
                     and
                     Asseverations
                     ,
                     that
                     we
                     were
                     Traitors
                     and
                     Rebels
                     ,
                     casting
                     off
                     all
                     Monarchical
                     Government
                     ,
                     &c.
                     
                     He
                     extorted
                     from
                     them
                     four
                     new
                     Subsidies
                     ,
                     
                       &
                       indicta
                       causa
                    
                     ,
                     before
                     we
                     were
                     heard
                     ,
                     procured
                     that
                     a
                     War
                     was
                     undertaken
                     ,
                     and
                     Forces
                     should
                     be
                     levied
                     against
                     us
                     ,
                     as
                     a
                     rebellious
                     Nation
                     ,
                     which
                     was
                     also
                     intended
                     to
                     be
                     an
                     example
                     and
                     precedent
                     to
                     the
                     Parliament
                     of
                     England
                     ,
                     for
                     granting
                     Subsidies
                     ,
                     and
                     sending
                     a
                     joynt
                     Army
                     for
                     our
                     utter
                     ruine
                     .
                  
                   
                     According
                     to
                     his
                     appointment
                     in
                     Parliament
                     ,
                     the
                     Army
                     was
                     gathered
                     ,
                     and
                     brought
                     down
                     to
                     the
                     Coast
                     ,
                     threatning
                     a
                     daily
                     invasion
                     of
                     our
                     Countrey
                     ,
                     intending
                     to
                     make
                     us
                     a
                     conquered
                     Province
                     ,
                     and
                     to
                     destroy
                     our
                     Religion
                     ,
                     Liberties
                     ,
                     and
                     Laws
                     ,
                     and
                     thereby
                     laying
                     upon
                     us
                     ,
                     a
                     necessity
                     of
                     vast
                     charges
                     ,
                     to
                     keep
                     Forces
                     on
                     foot
                     on
                     the
                     West
                     Coast
                     ,
                     to
                     wait
                     upon
                     his
                     coming
                     .
                  
                   
                     And
                     as
                     the
                     War
                     was
                     denounced
                     ,
                     and
                     Forces
                     levied
                     before
                     we
                     were
                     heard
                     ;
                     So
                     before
                     the
                     denouncing
                     of
                     the
                     War
                     ,
                     our
                     Ships
                     and
                     Goods
                     on
                     the
                     Irish
                     coast
                     were
                     taken
                     ,
                     and
                     the
                     owners
                     cast
                     in
                     prison
                     ,
                     and
                     some
                     of
                     them
                     in
                     Irons
                     .
                     Frigats
                     were
                     sent
                     forth
                     to
                     scour
                     our
                     Coasts
                     ,
                     by
                     which
                     they
                     did
                     take
                     some
                     ,
                     and
                     burn
                     others
                     of
                     our
                     Barques
                     .
                  
                   
                     Having
                     thus
                     incited
                     the
                     Kingdom
                     of
                     Ireland
                     ,
                     and
                     put
                     his
                     Forces
                     in
                     order
                     there
                     against
                     us
                     ,
                     with
                     all
                     hast
                     he
                     cometh
                     to
                     England
                     .
                  
                   
                     In
                     his
                     parting
                     ,
                     at
                     the
                     giving
                     up
                     of
                     the
                     Sword
                     ,
                     he
                     openly
                     avowed
                     our
                     utter
                     ruine
                     and
                     desolation
                     ,
                     in
                     these
                     or
                     the
                     like
                     words
                     ,
                     
                       If
                       I
                       return
                       to
                       that
                       Honourable
                       Sword
                       ,
                       I
                       shall
                       leave
                       of
                       the
                       Scots
                       neither
                       root
                       nor
                       branch
                       .
                    
                  
                   
                   
                     How
                     soon
                     he
                     cometh
                     to
                     Court
                     ,
                     as
                     before
                     he
                     had
                     done
                     very
                     evil
                     Office
                     against
                     our
                     Commissioners
                     ,
                     clearing
                     our
                     proceedings
                     before
                     the
                     point
                     ;
                     So
                     now
                     he
                     useth
                     all
                     means
                     to
                     stir
                     up
                     the
                     King
                     and
                     Parliament
                     against
                     us
                     ,
                     and
                     to
                     move
                     them
                     to
                     a
                     present
                     War
                     ,
                     according
                     to
                     the
                     precedent
                     ,
                     and
                     example
                     of
                     his
                     own
                     making
                     in
                     the
                     Parliament
                     of
                     Ireland
                     .
                     And
                     finding
                     that
                     his
                     hopes
                     failed
                     him
                     ,
                     and
                     his
                     designs
                     succeeded
                     not
                     that
                     way
                     ,
                     in
                     his
                     nimbleness
                     he
                     taketh
                     another
                     course
                     ,
                     that
                     the
                     Parliament
                     of
                     England
                     may
                     be
                     broken
                     up
                     ,
                     and
                     despising
                     their
                     Wisdom
                     and
                     Authority
                     ,
                     not
                     only
                     with
                     great
                     gladness
                     accepteth
                     ,
                     but
                     useth
                     all
                     means
                     that
                     the
                     conduct
                     of
                     the
                     Army
                     in
                     the
                     expedition
                     against
                     Scotland
                     ,
                     may
                     be
                     put
                     upon
                     him
                     ;
                     which
                     accordingly
                     he
                     obtaineth
                     as
                     General
                     Captain
                     ,
                     with
                     power
                     to
                     invade
                     ,
                     kill
                     ,
                     slay
                     ,
                     and
                     save
                     at
                     his
                     discretion
                     ,
                     and
                     to
                     make
                     any
                     one
                     or
                     more
                     Deputies
                     in
                     his
                     stead
                     ,
                     to
                     do
                     ,
                     and
                     execute
                     all
                     the
                     Power
                     and
                     Authorities
                     committed
                     to
                     him
                     .
                  
                   
                     According
                     to
                     the
                     largeness
                     of
                     his
                     Commission
                     ,
                     and
                     Letters
                     Patents
                     of
                     his
                     devising
                     ,
                     so
                     were
                     his
                     deportments
                     afterwards
                     ;
                     for
                     when
                     the
                     Scots
                     ,
                     (
                     according
                     to
                     their
                     Declarations
                     sent
                     before
                     them
                     )
                     were
                     coming
                     in
                     a
                     peaceable
                     way
                     ,
                     far
                     from
                     any
                     intention
                     to
                     invade
                     any
                     of
                     His
                     Majesties
                     Subjects
                     ,
                     and
                     still
                     to
                     supplicate
                     His
                     Majesty
                     for
                     a
                     setled
                     Peace
                     ,
                     he
                     gave
                     order
                     to
                     his
                     Officers
                     to
                     fight
                     with
                     them
                     on
                     the
                     way
                     ,
                     that
                     the
                     two
                     Nations
                     once
                     entred
                     in
                     Blood
                     ,
                     whatsoever
                     should
                     be
                     the
                     success
                     ,
                     he
                     might
                     escape
                     Trial
                     ,
                     and
                     censure
                     ,
                     and
                     his
                     bloody
                     designs
                     might
                     be
                     put
                     in
                     execution
                     against
                     his
                     Majesties
                     Subjects
                     of
                     both
                     Kingdoms
                     .
                  
                   
                     When
                     the
                     Kings
                     Majesty
                     was
                     again
                     enclined
                     to
                     hearken
                     to
                     our
                     Petitions
                     ,
                     and
                     to
                     compose
                     our
                     differences
                     in
                     a
                     peaceable
                     way
                     ,
                     and
                     the
                     Peers
                     of
                     England
                     convened
                     at
                     York
                     ,
                     had
                     ,
                     as
                     before
                     ,
                     in
                     their
                     great
                     wisdom
                     and
                     faithfulness
                     ,
                     given
                     unto
                     His
                     Majesty
                     Counsels
                     of
                     Peace
                     ,
                     yet
                     this
                     Firebrand
                     still
                     smoaketh
                     ,
                     and
                     in
                     that
                     Honourable
                     Assembly
                     ,
                     taketh
                     upon
                     him
                     to
                     breath
                     out
                     threatenings
                     against
                     us
                     as
                     Traitors
                     ,
                     and
                     enemies
                     to
                     Monarchical
                     Government
                     ;
                     and
                     threatened
                     that
                     we
                     be
                     sent
                     home
                     home
                     again
                     in
                     our
                     blood
                     ,
                     and
                     he
                     will
                     whip
                     us
                     out
                     of
                     England
                     .
                  
                   
                     And
                     as
                     these
                     were
                     his
                     Speeches
                     in
                     the
                     time
                     of
                     the
                     Treaty
                     appointed
                     by
                     His
                     Majesty
                     at
                     Rippon
                     ,
                     that
                     if
                     it
                     had
                     been
                     possible
                     ,
                     it
                     might
                     have
                     been
                     broken
                     up
                     .
                     So
                     when
                     a
                     cessation
                     of
                     Arms
                     was
                     happily
                     agreed
                     upon
                     there
                     ,
                     yet
                     he
                     ceaseth
                     not
                     ,
                     but
                     still
                     his
                     practises
                     were
                     for
                     War
                     ;
                     his
                     under-Officers
                     can
                     tell
                     who
                     it
                     was
                     that
                     gave
                     them
                     Commission
                     to
                     draw
                     near
                     in
                     Arms
                     beyond
                     the
                     Teese
                     ,
                     in
                     the
                     time
                     of
                     the
                     Treaty
                     at
                     Rippon
                     .
                  
                   
                     The
                     Governor
                     of
                     Berwick
                     and
                     Carlisle
                     can
                     shew
                     from
                     whom
                     they
                     had
                     their
                     Warrants
                     for
                     their
                     Acts
                     of
                     hostility
                     ,
                     after
                     the
                     cessation
                     was
                     concluded
                     .
                     It
                     may
                     be
                     tryed
                     how
                     it
                     cometh
                     to
                     pass
                     ,
                     that
                     the
                     Ports
                     of
                     Ireland
                     are
                     yet
                     closed
                     ,
                     our
                     Countreymen
                     for
                     the
                     Oath
                     still
                     kept
                     in
                     Prison
                     ,
                     Traffique
                     interrupted
                     ,
                     and
                     no
                     other
                     face
                     of
                     affairs
                     ,
                     then
                     if
                     no
                     cessation
                     had
                     been
                     agreed
                     upon
                     .
                  
                   
                     We
                     therefore
                     desire
                     ,
                     that
                     your
                     Lordships
                     will
                     represent
                     to
                     the
                     Parliament
                     ,
                     that
                     this
                     great
                     Incendiary
                     upon
                     these
                     and
                     the
                     like
                     offences
                     ,
                     not
                     against
                     particular
                     persons
                     ,
                     but
                     against
                     Kingdoms
                     and
                     Nations
                     ,
                     may
                     be
                     put
                     to
                     a
                     Tryal
                     ,
                     and
                     from
                     their
                     known
                     and
                     renowned
                     Justice
                     ,
                     may
                     have
                     his
                     deserved
                     punishment
                     .
                  
                
              
            
          
           
             THis
             Noble
             Earl
             was
             in
             person
             of
             a
             tall
             stature
             ,
             something
             inclining
             
             to
             stooping
             in
             his
             Shoulders
             ,
             his
             Hair
             black
             and
             thick
             ,
             which
             he
             wore
             short
             ,
             his
             countenance
             of
             a
             grave
             well
             composed
             Symetry
             ,
             and
             good
             Features
             ,
             only
             in
             his
             Forehead
             he
             exprest
             more
             Severity
             than
             Affability
             ,
             yet
             a
             very
             courteous
             Person
             .
          
           
           
             And
             as
             he
             went
             from
             the
             Tower
             to
             the
             Scaffold
             ,
             his
             Countenance
             was
             in
             a
             Mild
             posture
             ,
             between
             dejection
             in
             contrition
             for
             Sin
             ,
             and
             a
             high
             Courage
             ,
             without
             perceiving
             the
             least
             affection
             of
             disguise
             in
             him
             .
          
           
             He
             saluted
             the
             People
             as
             he
             walked
             on
             foot
             from
             the
             Tower
             to
             the
             Scaffold
             ,
             often
             putting
             off
             his
             Hat
             unto
             them
             ,
             sometimes
             to
             the
             right
             ,
             and
             sometimes
             to
             the
             left
             hand
             ,
             being
             apparelled
             in
             a
             Black
             cloth
             Suit
             ,
             having
             White
             Gloves
             on
             his
             Hands
             .
          
           
             And
             tho
             at
             this
             time
             there
             were
             gathered
             together
             on
             the
             great
             open
             place
             on
             Tower-Hill
             ,
             where
             the
             Scaffold
             stood
             ,
             a
             numerous
             croud
             of
             people
             ,
             standing
             as
             thick
             as
             they
             could
             by
             one
             another
             ,
             over
             all
             that
             great
             Hill
             ;
             insomuch
             ,
             as
             by
             the
             modest
             computation
             ,
             they
             could
             not
             be
             esteemed
             to
             be
             less
             than
             100000
             people
             ;
             yet
             as
             he
             went
             to
             the
             Scaffold
             ,
             they
             uttered
             no
             reproachful
             or
             reflecting
             Language
             upon
             him
             .
          
           
             He
             had
             Three
             Wives
             ,
             the
             First
             the
             Lady
             
               Margaret
               Clifford
            
             ,
             Sister
             to
             the
             Earl
             of
             Cumberland
             ,
             who
             left
             no
             issue
             .
             The
             Second
             ,
             the
             Lady
             
               Arabella
               Hollis
            
             ,
             Sister
             to
             the
             Earl
             of
             Clare
             ,
             who
             left
             him
             his
             only
             Son
             William
             ,
             now
             Earl
             of
             Strafford
             ,
             and
             Two
             Daughters
             .
             The
             Third
             Wife
             ,
             was
             Daughter
             to
             Sir
             
               Francis
               Rhodes
            
             of
             Yorkshire
             ,
             by
             whom
             he
             had
             one
             Daughter
             ,
             an
             Infant
             at
             the
             time
             of
             his
             death
             .
          
           
             On
             the
             First
             of
             December
             in
             the
             17th
             year
             of
             the
             Kings
             Reign
             ,
             by
             His
             Majesties
             Letters
             Patents
             ,
             his
             Son
             William
             was
             restored
             to
             all
             his
             Fathers
             Dignities
             and
             Titles
             ,
             and
             was
             made
             Knight
             of
             the
             most
             Noble
             Order
             of
             the
             Garter
             ,
             having
             doubled
             his
             Paternal
             Glorys
             and
             his
             own
             ,
             by
             marrying
             the
             worthy
             Daughter
             of
             two
             incomparable
             Parents
             ,
             
               Henrietta
               Maria
            
             ,
             the
             Daughter
             of
             Iames
             Earl
             of
             Darby
             ,
             and
             Charlotte
             ,
             Daughter
             of
             Claude
             ,
             Duke
             
               de
               Temoille
            
             and
             Charlotte
             of
             Nassaw
             ,
             Daughter
             to
             William
             ,
             Prince
             of
             Orange
             .
          
        
         
           
             A
             brief
             Account
             of
             his
             Secretary
             Slingsby
             .
          
           
             MR.
             Slingsby
             his
             Secretary
             ,
             after
             the
             death
             of
             this
             Noble
             Lord
             ,
             presently
             left
             the
             Kingdom
             ,
             and
             was
             received
             beyond
             the
             Seas
             into
             the
             Queens
             favour
             ,
             and
             by
             Her
             Majesty
             designed
             Secretary
             to
             the
             Prince
             of
             Wales
             (
             now
             Our
             Gracious
             Sovereign
             )
             but
             in
             his
             zeal
             to
             the
             Kings
             service
             ,
             and
             to
             enable
             himself
             to
             attend
             Her
             Majesty
             upon
             Her
             Landing
             ,
             he
             transported
             himself
             into
             Cleveland
             ,
             where
             he
             had
             but
             a
             small
             Estate
             ,
             but
             so
             much
             a
             bigger
             Interest
             ,
             that
             in
             a
             very
             short
             time
             ,
             he
             levied
             Eight
             hundred
             Foot
             ,
             and
             Eighty
             Horse
             ,
             with
             intention
             to
             make
             up
             a
             full
             Regiment
             ,
             and
             Troop
             to
             wait
             upon
             the
             Queen
             .
          
           
             He
             made
             his
             Quarters
             at
             Gisborough
             in
             Cleveland
             ,
             but
             before
             the
             Foot
             were
             disciplined
             in
             the
             use
             of
             Arms
             ,
             he
             was
             attacqued
             by
             Sir
             
               Hugh
               Cholmley
            
             with
             1500
             Horse
             and
             Foot
             ,
             and
             some
             Brass
             Drakes
             ,
             Mr.
             Slingsby
             (
             who
             was
             wholly
             educated
             in
             Civil
             affairs
             ,
             never
             in
             the
             active
             Military
             part
             )
             having
             timely
             notice
             of
             his
             Adversaries
             approach
             ,
             thought
             not
             of
             any
             retreat
             ,
             but
             addresses
             himself
             and
             party
             immediately
             ,
             to
             draw
             out
             and
             fight
             the
             Enemy
             ,
             notwithstanding
             the
             inequality
             in
             number
             .
             At
             his
             first
             charge
             Mr.
             Slingsby
             (
             having
             seasoned
             old
             Soldiers
             in
             his
             Troop
             ,
             which
             he
             brought
             out
             of
             Holland
             )
             worsted
             their
             Horse
             ,
             and
             had
             some
             pursuit
             and
             execution
             ,
             but
             being
             allarmed
             behind
             ,
             by
             the
             noise
             of
             an
             engagement
             ,
             betwixt
             the
             Bodys
             of
             Foot
             ,
             found
             his
             Regiment
             totally
             dissipated
             ,
             beyond
             all
             hopes
             of
             rallying
             ;
             whereupon
             he
             employed
             his
             Courage
             upon
             the
             Enemies
             Foot
             ,
             in
             which
             Charge
             his
             Horse
             fell
             ,
             and
             himself
             wounded
             with
             many
             Case-shot
             ,
             and
             became
             prisoner
             .
          
           
           
             The
             relation
             of
             Bloud
             moved
             Sir
             
               Hugh
               Cholmly
            
             to
             a
             generous
             regard
             and
             care
             of
             him
             ,
             he
             was
             carried
             back
             to
             Gisborough
             ,
             where
             (
             in
             order
             to
             the
             saving
             of
             his
             life
             )
             both
             his
             Legs
             were
             cut
             off
             above
             the
             knee
             ,
             after
             which
             he
             lived
             three
             days
             .
          
           
             The
             Lady
             Slingsby
             his
             disconsolate
             Mother
             ,
             hastened
             from
             York
             (
             betwixt
             hopes
             of
             Life
             and
             fear
             of
             Death
             )
             to
             Gisborough
             ,
             where
             she
             found
             the
             late
             hopes
             of
             her
             Family
             ,
             and
             support
             of
             her
             age
             lying
             dead
             ;
             and
             Sir
             Hugh
             was
             as
             much
             concerned
             as
             his
             Parent
             ,
             for
             the
             loss
             of
             so
             accomplished
             a
             Gentleman
             .
          
           
             His
             Body
             was
             carried
             to
             York
             ,
             and
             there
             with
             very
             Honourable
             Solemnitys
             interred
             in
             the
             Cathedral-Church
             ,
             after
             a
             Sermon
             preached
             by
             
             Dr.
             Bramhall
             ,
             then
             Bishop
             of
             London-derry
             ,
             and
             late
             Primate
             of
             Ireland
             ,
             who
             had
             a
             large
             experience
             of
             him
             .
          
           
             He
             was
             eldest
             Son
             of
             Sir
             
               Guilford
               Slingsby
            
             ,
             of
             the
             Family
             of
             Screuen
             ,
             and
             Red-House
             ,
             in
             the
             County
             of
             York
             ;
             his
             Fathers
             Estate
             did
             lye
             in
             Cleveland
             
             in
             the
             said
             County
             ;
             he
             was
             Educated
             first
             at
             the
             University
             at
             
               St.
               Andrews
            
             in
             Scotland
             ,
             and
             afterwards
             studied
             some
             years
             in
             the
             University
             of
             Oxford
             .
          
           
             Sir
             Guilford
             his
             Father
             dying
             ,
             the
             Earl
             of
             Strafford
             received
             this
             Gentleman
             in
             his
             Retinue
             ,
             among
             other
             young
             Gentlemen
             of
             Quality
             ,
             upon
             his
             going
             first
             into
             Ireland
             ,
             where
             his
             Deportment
             ,
             after
             some
             time
             ,
             made
             his
             Lord
             to
             promote
             him
             to
             be
             Secretary
             ,
             and
             afterwards
             Lieutenant
             of
             the
             Ordinance
             ,
             and
             Vice-Admiral
             of
             Munster
             .
             Lastly
             ,
             his
             Lord
             made
             choice
             of
             him
             before
             all
             others
             ,
             to
             stand
             by
             him
             ,
             and
             manage
             all
             his
             Papers
             ,
             during
             his
             Confinement
             and
             Trial
             ;
             And
             immediately
             after
             the
             Bill
             of
             Attainder
             did
             pass
             both
             Houses
             ,
             the
             Earl
             wrote
             this
             ensuing
             Letter
             unto
             him
             .
          
           
             
               
                 A
                 Letter
                 from
                 the
                 Earl
                 of
                 Strafford
                 to
                 his
                 Secretary
                 
                   Guilford
                   Slingsby
                   ,
                   
                     Esq
                  
                
                 after
                 the
                 passing
                 of
                 the
                 Bill
                 of
                 Attainder
                 ,
                 under
                 his
                 own
                 Hand
                 .
              
               
                 
                   I
                   Would
                   not
                   ,
                   as
                   the
                   case
                   now
                   stands
                   ,
                   for
                   any
                   thing
                   ,
                   you
                   should
                   endanger
                   your self
                   ,
                   being
                   a
                   person
                   in
                   whom
                   I
                   shall
                   put
                   a
                   great
                   part
                   of
                   my
                   future
                   Trust
                   ;
                   and
                   therefore
                   in
                   any
                   case
                   absent
                   your self
                   for
                   a
                   time
                   ,
                   yet
                   so
                   ,
                   as
                   I
                   may
                   know
                   where
                   you
                   are
                   ,
                   and
                   therefore
                   send
                   your
                   man
                   back
                   ,
                   that
                   I
                   may
                   know
                   whither
                   to
                   direct
                   any
                   thing
                   I
                   have
                   to
                   impart
                   to
                   you
                   ,
                   and
                   that
                   presently
                   ,
                   and
                   after
                   that
                   ,
                   let
                   your
                   man
                   come
                   as
                   little
                   about
                   this
                   place
                   as
                   may
                   be
                   :
                   your
                   going
                   to
                   the
                   King
                   is
                   to
                   no
                   purpose
                   ,
                   I
                   am
                   lost
                   ,
                   my
                   Body
                   is
                   theirs
                   ,
                   but
                   my
                   Soul
                   is
                   Gods
                   ;
                   there
                   is
                   little
                   trust
                   in
                   man
                   ,
                   God
                   may
                   yet
                   (
                   if
                   it
                   please
                   him
                   )
                   deliver
                   me
                   ,
                   and
                   as
                   I
                   shall
                   (
                   in
                   the
                   best
                   way
                   he
                   shall
                   enable
                   me
                   unto
                   )
                   prepare
                   my self
                   for
                   him
                   ,
                   so
                   to
                   him
                   I
                   submit
                   all
                   I
                   have
                   ;
                   the
                   person
                   you
                   were
                   last
                   withal
                   at
                   Court
                   ,
                   sent
                   to
                   move
                   that
                   business
                   we
                   resolved
                   upon
                   ,
                   which
                   if
                   rightly
                   handled
                   ,
                   might
                   perchance
                   doe
                   something
                   ;
                   but
                   you
                   know
                   my
                   opinion
                   in
                   all
                   ,
                   and
                   what
                   my
                   belief
                   is
                   in
                   all
                   these
                   things
                   ;
                   I
                   should
                   by
                   any
                   means
                   advise
                   you
                   to
                   absent
                   your self
                   ,
                   albeit
                   never
                   so
                   innocent
                   ,
                   as
                   you
                   are
                   ,
                   till
                   you
                   see
                   what
                   becomes
                   of
                   me
                   ;
                   if
                   I
                   live
                   ,
                   there
                   will
                   be
                   no
                   danger
                   for
                   you
                   to
                   stay
                   ,
                   but
                   otherwise
                   keep
                   out
                   of
                   the
                   way
                   till
                   I
                   be
                   forgotten
                   ,
                   and
                   then
                   your
                   return
                   may
                   be
                   with
                   safety
                   .
                   I
                   mean
                   indeed
                   ,
                   to
                   leave
                   you
                   one
                   in
                   Trust
                   for
                   my
                   Children
                   ,
                   and
                   thank
                   you
                   for
                   your
                   readiness
                   to
                   look
                   after
                   it
                   .
                
              
               
               
                 
                   Time
                   is
                   precious
                   ,
                   and
                   mine
                   I
                   expect
                   to
                   be
                   very
                   short
                   ,
                   and
                   therefore
                   no
                   part
                   of
                   it
                   to
                   be
                   lost
                   .
                   God
                   direct
                   and
                   prosper
                   you
                   in
                   all
                   your
                   ways
                   ;
                   and
                   remember
                   there
                   was
                   a
                   person
                   whom
                   you
                   were
                   content
                   to
                   call
                   Master
                   ,
                   that
                   did
                   very
                   much
                   value
                   and
                   esteem
                   you
                   ,
                   and
                   carried
                   to
                   his
                   death
                   a
                   great
                   stock
                   of
                   his
                   affection
                   for
                   you
                   ,
                   as
                   for
                   all
                   your
                   services
                   ,
                   so
                   for
                   this
                   your
                   care
                   towards
                   me
                   all
                   this
                   time
                   of
                   my
                   Tryal
                   and
                   Affliction
                   ;
                   and
                   however
                   it
                   be
                   my
                   misfortune
                   to
                   be
                   decryed
                   at
                   present
                   ,
                   yet
                   in
                   more
                   equal
                   times
                   ,
                   my
                   friends
                   (
                   I
                   trust
                   )
                   shall
                   not
                   be
                   ashamed
                   to
                   mention
                   the
                   Love
                   to
                   their
                   Children
                   ,
                   for
                   their
                   Fathers
                   sake
                   .
                
              
               
                 
                   Your
                   Affectionate
                   Friend
                   ,
                   STRAFFORD
                   .
                
              
            
          
        
         
           
             The
             Reflections
             of
             King
             CHARLES
             the
             I.
             upon
             the
             Earl
             of
             Straffords
             Death
             .
          
           
             I
             Looked
             upon
             my
             Lord
             of
             Strafford
             as
             a
             Gentleman
             ,
             whose
             great
             abilities
             might
             make
             a
             Prince
             rather
             afraid
             ,
             than
             ashamed
             to
             imploy
             him
             ,
             in
             the
             greatest
             affairs
             of
             State.
             
          
           
             For
             those
             were
             prone
             to
             create
             in
             him
             great
             confidence
             of
             undertakings
             ,
             and
             this
             was
             like
             enough
             to
             betray
             him
             to
             great
             errors
             ,
             and
             many
             enemies
             :
             whereof
             he
             could
             not
             but
             contract
             good
             store
             ,
             while
             moving
             in
             so
             high
             a
             sphear
             ,
             and
             with
             so
             vigorous
             a
             Luster
             ,
             he
             must
             needs
             (
             as
             the
             Sun
             )
             raise
             many
             envious
             exhalations
             ,
             which
             condensed
             by
             a
             
               Popular
               odium
            
             ,
             were
             capable
             to
             cast
             a
             cloud
             upon
             the
             brightest
             merit
             and
             integrity
             .
          
           
             Though
             I
             cannot
             in
             my
             judgment
             approve
             all
             he
             did
             ,
             driven
             (
             it
             may
             be
             )
             by
             the
             necessities
             of
             times
             ,
             and
             the
             temper
             of
             that
             people
             ,
             more
             than
             led
             by
             his
             own
             disposition
             to
             any
             height
             and
             rigor
             of
             Actions
             :
             yet
             I
             could
             never
             be
             convinced
             of
             any
             such
             criminousness
             in
             him
             ,
             as
             willingly
             to
             expose
             his
             life
             to
             the
             stroke
             of
             Justice
             and
             Malice
             of
             his
             enemies
             .
          
           
             I
             never
             met
             with
             a
             more
             unhappy
             conjuncture
             of
             affairs
             ,
             than
             in
             the
             business
             of
             that
             unfortunate
             Earl
             ;
             when
             between
             my
             own
             unsatisfiedness
             in
             Conscience
             ,
             and
             a
             necessity
             (
             as
             some
             told
             me
             )
             of
             satisfying
             the
             importunities
             of
             some
             people
             ;
             I
             was
             perswaded
             by
             those
             ,
             that
             I
             think
             wished
             me
             well
             ,
             to
             chuse
             rather
             what
             was
             safe
             ,
             than
             what
             seemed
             just
             :
             preserring
             the
             outward
             peace
             of
             my
             Kingdoms
             with
             Men
             ,
             before
             that
             inward
             exactness
             of
             Conscience
             before
             God.
             
          
           
             And
             indeed
             ,
             I
             am
             so
             far
             from
             excusing
             or
             denying
             that
             compliance
             on
             my
             part
             (
             for
             plenary
             consent
             it
             was
             not
             )
             to
             his
             destruction
             ,
             whom
             in
             my
             judgment
             I
             thought
             not
             ,
             by
             any
             clear
             Law
             guilty
             of
             death
             ;
             that
             I
             never
             did
             bear
             any
             touch
             of
             Conscience
             with
             greater
             regret
             :
             which
             ,
             as
             a
             sign
             of
             my
             repentance
             ,
             I
             have
             often
             with
             sorrow
             confessed
             ,
             both
             to
             God
             and
             
             Men
             ,
             as
             an
             act
             of
             so
             sinful
             frailty
             ,
             that
             it
             discovered
             more
             a
             fear
             of
             man
             ,
             than
             of
             God
             ,
             whose
             Name
             and
             Place
             on
             Earth
             no
             man
             is
             worthy
             to
             bear
             ,
             who
             will
             avoid
             inconveniencies
             of
             State
             ,
             by
             Acts
             of
             so
             high
             injustice
             ,
             as
             no
             publique
             convenience
             can
             expiate
             or
             compensate
             .
          
           
             I
             see
             it
             a
             bad
             exchange
             to
             wound
             a
             mans
             own
             conscience
             ,
             thereby
             to
             salve
             State
             sores
             ;
             to
             calm
             the
             storms
             of
             popular
             discontents
             ,
             by
             stirring
             up
             a
             Tempest
             in
             a
             mans
             own
             bosom
             .
          
           
             Nor
             hath
             Gods
             Justice
             failed
             in
             the
             event
             and
             sad
             consequences
             ,
             to
             shew
             the
             world
             the
             fallacy
             of
             that
             Maxim
             ,
             
               Better
               one
               man
               perish
               (
               though
               unjustly
               )
               than
               the
               people
               be
               displeased
               or
               destroyed
               .
            
          
           
             For
             ,
             in
             all
             likelyhood
             ,
             I
             could
             never
             have
             suffered
             with
             my
             people
             ,
             greater
             calamities
             (
             yet
             with
             greater
             comfort
             )
             had
             I
             vindicated
             Straffords
             innoncency
             ,
             at
             least
             by
             denying
             to
             Sign
             that
             destructive
             Bill
             ,
             according
             to
             that
             justice
             which
             my
             Conscience
             suggested
             to
             me
             ,
             then
             I
             have
             done
             since
             I
             gratified
             some
             mens
             unthankful
             importunities
             with
             so
             cruel
             a
             favour
             ;
             and
             I
             have
             observed
             ,
             that
             those
             ,
             who
             counsell'd
             me
             to
             Sign
             that
             Bill
             ,
             have
             been
             so
             far
             from
             receiving
             the
             rewards
             of
             such
             ingratiatings
             with
             the
             people
             ,
             that
             no
             men
             have
             been
             harassed
             and
             crushed
             more
             than
             they
             :
             he
             only
             hath
             been
             least
             vexed
             by
             them
             ,
             who
             counselled
             me
             ,
             not
             to
             consent
             against
             the
             Vote
             of
             my
             own
             Conscience
             ;
             I
             hope
             God
             hath
             forgiven
             me
             and
             them
             the
             sinful
             rashness
             of
             that
             business
             .
          
           
             To
             which
             ,
             being
             in
             my
             Soul
             so
             fully
             conscious
             ,
             those
             Judgments
             God
             hath
             pleased
             to
             send
             upon
             me
             ,
             are
             so
             much
             the
             more
             welcome
             ,
             as
             a
             means
             (
             I
             hope
             )
             which
             his
             mercy
             hath
             sanctified
             so
             to
             me
             ,
             as
             to
             make
             me
             repent
             of
             that
             unjust
             Act
             (
             for
             so
             it
             was
             to
             me
             )
             and
             for
             the
             future
             to
             teach
             me
             ,
             that
             the
             best
             rule
             of
             policy
             is
             to
             preferr
             the
             doing
             of
             Justice
             before
             all
             enjoyments
             ,
             and
             the
             peace
             of
             my
             Conscience
             ,
             before
             the
             preservation
             of
             my
             Kingdoms
             .
          
           
             Nor
             hath
             any
             thing
             more
             fortified
             my
             resolutions
             ,
             against
             all
             those
             violent
             importunities
             ,
             which
             since
             have
             sought
             to
             gain
             a
             like
             consent
             from
             me
             ,
             to
             Acts
             ,
             wherein
             my
             Conscience
             is
             unsatisfied
             ,
             than
             the
             sharp
             touches
             I
             have
             had
             for
             what
             passed
             me
             ,
             in
             my
             Lord
             of
             Straffords
             business
             .
          
           
             Not
             that
             I
             resolved
             to
             have
             employed
             him
             in
             my
             affairs
             ,
             against
             the
             advice
             of
             my
             Parliament
             ;
             but
             I
             would
             not
             have
             had
             any
             hand
             in
             his
             death
             ,
             of
             whose
             guiltlesness
             I
             was
             better
             assured
             ,
             than
             any
             man
             living
             could
             be
             .
          
           
             Nor
             were
             the
             crimes
             objected
             against
             him
             so
             clear
             ,
             as
             after
             a
             long
             and
             fair
             hearing
             ,
             to
             give
             convincing
             satisfaction
             to
             the
             major
             part
             of
             both
             Houses
             ;
             especially
             that
             of
             the
             Lords
             ,
             of
             whom
             scarce
             a
             third
             part
             were
             present
             ,
             when
             the
             Bill
             passed
             that
             House
             :
             And
             for
             the
             House
             of
             Commons
             ,
             many
             Gentlemen
             disposed
             enough
             to
             diminish
             my
             Ld.
             of
             Straffords
             Greatness
             and
             Power
             ,
             yet
             unsatisfied
             of
             his
             Guilt
             in
             Law
             ,
             durst
             not
             condemn
             him
             to
             dye
             :
             who
             for
             their
             integrity
             in
             their
             Votes
             ,
             were
             ,
             by
             posting
             their
             Names
             ,
             exposed
             to
             the
             popular
             Calumny
             ,
             Hatred
             ,
             and
             Fury
             ,
             which
             grew
             then
             so
             exorbitant
             in
             their
             clamors
             for
             Iustice
             ,
             (
             That
             is
             ,
             to
             have
             both
             my Self
             ,
             and
             the
             Two
             Houses
             Vote
             ,
             and
             do
             as
             they
             would
             have
             us
             )
             that
             many
             (
             't
             is
             thought
             )
             were
             rather
             terrified
             to
             concur
             with
             the
             condemning
             party
             ,
             than
             satisfied
             ,
             that
             of
             right
             they
             ought
             so
             to
             do
             .
          
           
             And
             that
             after
             Act
             ,
             vacating
             the
             Authority
             of
             the
             precedent
             ,
             for
             future
             imitation
             ,
             sufficiently
             tells
             the
             world
             ,
             that
             some
             remorse
             touched
             even
             his
             
             most
             implacable
             enemies
             ,
             as
             knowing
             he
             had
             very
             hard
             measure
             ,
             and
             such
             as
             they
             would
             be
             very
             loath
             should
             be
             repeated
             to
             themselves
             .
          
           
             This
             tenderness
             and
             regret
             I
             find
             in
             my
             Soul
             ,
             for
             having
             had
             any
             hand
             (
             and
             that
             very
             unwillingly
             ,
             God
             knows
             )
             in
             shedding
             one
             mans
             Bloud
             unjustly
             (
             though
             under
             the
             colour
             and
             formalities
             of
             Justice
             and
             pretences
             of
             avoiding
             publique
             mischiefs
             )
             which
             may
             ,
             I
             hope
             ,
             be
             some
             Evidence
             before
             God
             and
             Man
             ,
             to
             all
             posterity
             ,
             that
             I
             am
             far
             from
             bearing
             justly
             ,
             the
             vast
             Load
             and
             Guilt
             of
             all
             that
             Blood
             which
             hath
             been
             shed
             in
             this
             unhappy
             War
             ;
             which
             some
             Men
             will
             needs
             charge
             upon
             me
             ,
             to
             ease
             their
             own
             Souls
             ,
             who
             am
             ,
             and
             ever
             shall
             be
             more
             afraid
             ,
             to
             take
             away
             any
             mans
             Life
             unjustly
             ,
             than
             to
             lose
             my
             own
             .
          
        
         
           
             An
             ACT
             for
             Reversing
             the
             Earl
             of
             Strafford's
             Attainder
             .
          
           
             WHereas
             Thomas
             late
             Earl
             of
             Strafford
             ,
             was
             impeached
             of
             High-Treason
             ,
             upon
             pretence
             of
             endeavouring
             to
             subvert
             the
             Fundamental
             Laws
             ,
             and
             called
             to
             a
             publique
             and
             solemn
             Arraignment
             ,
             and
             Tryal
             before
             the
             Peers
             in
             Parliament
             ,
             where
             he
             made
             a
             particular
             Defence
             to
             every
             Article
             objected
             against
             him
             ;
             insomuch
             that
             the
             turbulent
             party
             then
             seeing
             no
             hopes
             to
             effect
             their
             unjust
             Designs
             ,
             by
             any
             ordinary
             way
             and
             method
             of
             proceedings
             ,
             did
             at
             last
             resolve
             to
             attempt
             the
             Destruction
             and
             Attainder
             of
             the
             said
             Earl
             ,
             by
             an
             Art
             of
             Parliament
             ,
             to
             be
             therefore
             purposely
             made
             to
             condemn
             him
             upon
             
               accumulative
               Treason
            
             ,
             none
             of
             the
             pretended
             crimes
             being
             Treason
             apart
             ,
             and
             so
             could
             not
             be
             in
             the
             whole
             ,
             if
             they
             had
             been
             proved
             ,
             as
             they
             were
             not
             ;
             and
             also
             adjudged
             him
             guilty
             of
             
               Constructive
               Treason
            
             (
             that
             is
             ,
             of
             Levying
             War
             against
             the
             King
             )
             though
             it
             was
             only
             the
             Commanding
             an
             Order
             of
             the
             Council-Board
             in
             Ireland
             ,
             to
             be
             executed
             by
             a
             Sergeant
             at
             Arms
             ,
             and
             three
             or
             four
             Soldiers
             ,
             which
             was
             the
             constant
             practice
             of
             the
             Deputies
             there
             for
             a
             long
             time
             :
             To
             the
             which
             end
             ,
             they
             having
             first
             presented
             a
             Bill
             for
             this
             intent
             ,
             to
             the
             House
             of
             Commons
             ,
             and
             finding
             there
             more
             opposition
             than
             they
             expected
             ,
             they
             caused
             a
             multitude
             of
             tumultuous
             persons
             to
             come
             down
             to
             Westminster
             ,
             armed
             with
             Swords
             and
             Staves
             ,
             and
             to
             fill
             both
             the
             Palace-yards
             ,
             and
             all
             the
             approaches
             to
             both
             Houses
             of
             Parliament
             ,
             with
             Fury
             and
             Clamor
             ,
             and
             to
             require
             
               Justice
               ,
               speedy
               Justice
            
             against
             the
             Earl
             of
             Strafford
             ;
             and
             having
             by
             those
             and
             other
             undue
             practices
             ,
             obtained
             that
             Bill
             to
             pass
             the
             House
             of
             Commons
             ,
             they
             caused
             the
             Names
             of
             those
             resolute
             Gentlemen
             ,
             who
             in
             a
             Case
             of
             innocent
             Blood
             ,
             had
             freely
             discharged
             their
             Consciences
             ,
             being
             Fifty
             nine
             ,
             to
             be
             posted
             up
             in
             several
             places
             about
             the
             Citys
             of
             London
             and
             Westminster
             ,
             and
             stiled
             them
             Straffordians
             .
             and
             Enemies
             to
             their
             Countrey
             ,
             hoping
             thereby
             to
             deliver
             them
             up
             to
             the
             fury
             of
             the
             People
             ,
             whom
             they
             had
             endeavoured
             to
             incense
             against
             them
             ,
             and
             then
             procured
             the
             said
             Bill
             to
             be
             sent
             up
             to
             the
             House
             of
             Peers
             ,
             where
             it
             having
             some
             time
             rested
             under
             great
             deliberation
             ;
             at
             
             last
             ,
             in
             a
             time
             ,
             when
             a
             great
             part
             of
             the
             Peers
             were
             absent
             ,
             by
             reason
             of
             the
             tumults
             ,
             and
             many
             of
             those
             who
             were
             present
             ,
             protested
             a
             gainst
             it
             ,
             the
             said
             Bill
             passed
             the
             House
             of
             Peers
             ;
             and
             at
             length
             His
             Majesty
             ,
             the
             late
             King
             CHARLES
             the
             I.
             of
             Glorious
             Memory
             ,
             granted
             a
             Commission
             for
             giving
             His
             Royal
             Assent
             thereunto
             ,
             which
             nevertheless
             was
             done
             by
             His
             said
             Majesty
             ,
             with
             exceeding
             great
             sorrow
             then
             ,
             and
             ever
             remembred
             by
             him
             with
             unexpressible
             grief
             of
             Heart
             ,
             and
             out
             of
             His
             Majestys
             great
             Piety
             ,
             he
             did
             publiquely
             express
             it
             ,
             when
             His
             own
             Sacred
             Life
             was
             taken
             away
             by
             the
             most
             detestable
             Traytors
             that
             ever
             were
             .
          
           
             For
             all
             which
             Causes
             be
             it
             Declared
             and
             Enacted
             by
             the
             Kings
             most
             Excellent
             Majesty
             ,
             by
             ,
             and
             with
             the
             Advice
             and
             Consent
             of
             the
             Lords
             Spiritual
             and
             Temporal
             ,
             and
             Commons
             in
             this
             present
             Parliament
             Assembled
             ,
             That
             the
             Act
             Entituled
             ,
             
               An
               Act
               for
               the
               Attainder
               of
            
             Thomas
             
               Earl
               of
            
             Strafford
             
               of
               High
               Treason
            
             ,
             and
             all
             and
             every
             Clause
             and
             Article
             ,
             and
             thing
             therein
             contained
             ,
             being
             obtained
             as
             aforesaid
             ,
             is
             now
             hereby
             Repealed
             ,
             Revoked
             ,
             and
             Reversed
             .
          
           
             And
             to
             the
             end
             that
             Right
             be
             done
             to
             the
             memory
             of
             the
             deceased
             Earl
             of
             Strafford
             aforesaid
             ;
             
               Be
               it
               further
               Enacted
            
             ,
             That
             all
             Records
             and
             Proceedings
             of
             Parliament
             ,
             relating
             to
             the
             said
             Attainder
             ,
             be
             wholly
             Cancell'd
             ,
             and
             taken
             off
             the
             File
             ,
             or
             otherwise
             Defaced
             ,
             and
             Obliterated
             ,
             to
             the
             intent
             ,
             the
             same
             may
             not
             be
             visible
             in
             after
             ages
             ,
             or
             brought
             into
             example
             ,
             to
             the
             prejudice
             of
             any
             person
             whatsoever
             .
          
           
             Provided
             ,
             That
             this
             Act
             shall
             not
             extend
             to
             the
             future
             questioning
             of
             any
             person
             or
             persons
             ,
             however
             concerned
             in
             this
             business
             ,
             or
             who
             had
             any
             hand
             in
             the
             tumults
             ,
             or
             disorderly
             procuring
             the
             Act
             aforesaid
             ,
             Any
             thing
             herein
             contained
             to
             the
             contrary
             thereof
             notwithstanding
             .
          
        
      
    
     
       
         
         
           THE
           TABLE
           .
        
         
           
             A.
             
          
           
             ABstract
             of
             the
             Earls
             Answer
             to
             the
             28
             
               Articles
               ,
               Pa.
            
             22.
             to
             30
          
           
             Account
             Introductive
             of
             several
             Passages
             previous
             to
             the
             Tryal
             of
             Thomas
             Earl
             of
             
               Strafford
               .
               p.
            
             1.
             
          
           
             Accusation
             of
             High
             Treason
             ,
             of
             Thomas
             Earl
             of
             
               Strafford
               ,
               p.
            
             3.
             
          
           
             Accusation
             of
             
               Sir
               George
               Ratcliffe
               ,
               p.
            
             4.
             
          
           
             Act
             of
             Attainder
             at
             large
             ,
             756.
             
          
           
             Mr.
             
               St.
               Johns
            
             Argument
             of
             Law
             ,
             concerning
             the
             same
             ,
             675.
             to
             705.
             
          
           
             It
             is
             read
             a
             Second
             time
             ,
             47.
             
          
           
             Lord
             Digby's
             Speech
             to
             that
             Bill
             ,
             50.
             
          
           
             Exceptions
             taken
             thereat
             by
             some
             Members
             ,
             55
          
           
             Act
             of
             Attainder
             ,
             as
             also
             the
             Act
             for
             continuance
             of
             this
             present
             Parliament
             past
             the
             Lords
             ,
             755
          
           
             A
             Message
             to
             the
             Lords
             to
             send
             to
             His
             Majesty
             for
             His
             consent
             to
             the
             Bill
             of
             Attainder
             ,
             and
             the
             continuance
             of
             this
             present
             Parliament
             ,
             755.
             
          
           
             Act
             of
             Reversal
             of
             this
             Bill
             of
             Attainder
             ,
             778
          
           
             Adjournment
             of
             the
             Commons
             upon
             the
             Kings
             Speech
             ,
             May
             1.
             735.
             
          
           
             Answer
             of
             the
             Earl
             read
             ,
             containing
             200
             sheets
             of
             Paper
             ,
             22.
             
          
           
             Army
             in
             Ireland
             new
             levied
             ,
             to
             be
             disbanded
             ,
             18
             and
             42
          
           
             Eight
             Articles
             against
             the
             Earl
             in
             maintainance
             of
             his
             Accusation
             ,
             8
             ,
             9.
             
          
           
             Articles
             of
             High
             Treason
             voted
             against
             Sir
             
               George
               Ratcliffe
            
             ,
             17.
             
          
           
             Twenty
             eight
             Articles
             against
             the
             Earl
             ,
             sent
             up
             to
             the
             Lords
             ,
             20.
             
          
           
             They
             are
             at
             large
             inserted
             ,
             61.
             
          
           
             Article
             II.
             read
             ,
             charging
             the
             Earl
             with
             words
             ,
             saying
             
               The
               Kings
               little
               finger
               should
               be
               heavier
               than
               the
               loins
               of
               the
               Law
               ,
            
             &c.
             
             149.
             
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exception
             taken
             ,
             Interlocutory
             Passages
             ,
             Defence
             and
             Reply
             ,
             as
             to
             that
             Article
             ,
             149
             to
             155.
             
          
           
             Artice
             III.
             read
             ,
             charging
             him
             with
             words
             ,
             saying
             ,
             That
             Ireland
             
               was
               a
               conquered
               Nation
               ,
               that
               the
               King
               might
               do
               with
               it
               as
               he
               pleased
               ,
            
             155
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exception
             taken
             ,
             Interlocutory
             passages
             ;
             Defence
             and
             Reply
             as
             to
             that
             Article
             ,
             156
             to
             172
          
           
             Artic.
             IV.
             read
             ,
             charging
             him
             with
             words
             ,
             that
             he
             would
             make
             all
             Ireland
             know
             ,
             
               That
               any
               Act
               of
               State
               there
               made
               ,
               should
               be
               as
               binding
               as
               an
               Act
               of
               Parliament
               ,
            
             173.
             
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             Defence
             and
             Reply
             as
             to
             that
             Article
             ,
             174
             to
             185.
             
          
           
             Article
             V.
             read
             ,
             charging
             him
             ,
             that
             he
             did
             procure
             to
             be
             given
             against
             the
             Lord
             Mountnorris
             sentence
             of
             death
             in
             a
             Council
             of
             War
             ,
             186
             ,
             and
             the
             sentence
             read
             187.
             
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             Defence
             and
             Reply
             as
             to
             that
             Article
             ,
             188
             to
             204.
             
          
           
             Article
             VI.
             read
             ,
             charging
             him
             with
             putting
             the
             Lord
             Mountnorris
             out
             of
             possession
             of
             his
             Freehold
             ,
             upon
             a
             Paper-Petition
             ,
             205.
             
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             Defence
             and
             Reply
             ,
             as
             to
             that
             Aticle
             ,
             205
             to
             213.
             
          
           
             Article
             VIII
             read
             ,
             Charging
             him
             with
             causing
             the
             Lord
             Loftus
             ,
             Lord
             Chancellor
             of
             Ireland
             ,
             to
             be
             close
             prisoner
             ,
             221.
             
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             Defence
             and
             Reply
             as
             to
             that
             Article
             ,
             222
             to
             235.
             
          
           
             Article
             IX
             .
             read
             ,
             Charging
             him
             with
             assuming
             a
             Power
             above
             Law
             ,
             to
             give
             a
             general
             Warrant
             to
             the
             Bishops
             Officers
             ,
             to
             Arrest
             the
             Body
             of
             such
             as
             do
             not
             obey
             Ecclesiastical
             Decrees
             ,
             Sentences
             ,
             &c.
             and
             to
             commit
             them
             ,
             and
             a
             Copy
             produced
             ,
             236
             237.
             
          
           
             Passages
             Interlocutory
             ,
             Defence
             and
             Reply
             ,
             238
             to
             240.
             
          
           
             Article
             X.
             read
             ,
             Wherein
             he
             is
             charged
             with
             procuring
             the
             Customs
             to
             be
             Farmed
             to
             his
             own
             use
             ;
             and
             did
             procure
             the
             Native
             Commodities
             of
             Ireland
             to
             be
             rated
             in
             the
             Book
             
             of
             Rates
             for
             the
             Customs
             ,
             241
          
           
             The
             Case
             stated
             by
             Mr.
             Maynard
             ,
             242
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             Defence
             and
             Reply
             as
             to
             that
             Article
             ,
             243
             to
             250
          
           
             Article
             XI
             ,
             Agreed
             for
             the
             present
             to
             be
             laid
             aside
             ,
             252
          
           
             Article
             XII
             .
             read
             ,
             Charging
             him
             with
             making
             a
             Monopoly
             of
             Tobacco
             ,
             getting
             the
             whole
             Trade
             into
             his
             hands
             ,
             401
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             Defence
             and
             Reply
             as
             to
             that
             Article
             ,
             402
             to
             412
          
           
             Article
             XIII
             .
             read
             ,
             Charging
             him
             with
             getting
             great
             quantities
             of
             Flax
             into
             his
             hands
             ,
             enjoyning
             the
             working
             thereof
             into
             Yarn
             and
             Thread
             ,
             &c.
             416
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             Defence
             and
             Reply
             as
             to
             that
             Article
             ,
             416
             to
             428
          
           
             Article
             XIV
             .
             Laid
             aside
             for
             the
             present
             ,
             425
          
           
             Article
             XV.
             read
             ,
             Charging
             the
             Earl
             with
             imposing
             great
             sums
             of
             Money
             upon
             people
             without
             Warrant
             or
             colour
             of
             Law
             ,
             and
             causing
             the
             same
             to
             be
             levied
             by
             Troops
             of
             Soldiers
             ,
             426
          
           
             The
             Charge
             opened
             by
             Mr.
             
               Geoffrey
               Palmer
            
             ,
             427
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             Defence
             and
             Reply
             as
             to
             that
             Article
             ,
             427
             to
             454
             ,
             &c.
             
          
           
             Article
             XVI
             .
             read
             ,
             charging
             him
             with
             putting
             forth
             a
             Proclamation
             ,
             commanding
             the
             Nobility
             ,
             &c.
             not
             to
             depart
             that
             Kingdom
             without
             his
             Licence
             ,
             460
          
           
             The
             Article
             opened
             by
             Mr.
             Palmer
             ,
             who
             proceeded
             to
             manage
             the
             Evidence
             ,
             461
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             Defence
             and
             Reply
             as
             to
             that
             Article
             ,
             462
             to
             481
          
           
             Interlocutory
             passages
             after
             the
             Reply
             ,
             484
             to
             487
          
           
             Article
             XIX
             .
             read
             ,
             Charging
             him
             ,
             that
             he
             did
             with
             his
             own
             Authority
             ,
             contrive
             and
             frame
             a
             new
             and
             universal
             Oath
             against
             the
             Scots
             in
             Ireland
             ,
             489
          
           
             The
             Article
             opened
             by
             Mr.
             Whitlock
             ,
             490
          
           
             The
             Oath
             tendred
             to
             the
             Scots
             ,
             read
             ,
             494
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             and
             Defence
             .
             494
             to
             498
          
           
             More
             Interlocutory
             passages
             ,
             499
             to
             502
          
           
             The
             Oath
             tendred
             to
             some
             of
             the
             Scotch
             Nation
             refident
             in
             England
             ,
             503
          
           
             The
             Reply
             to
             the
             Earls
             Defence
             ,
             508
          
           
             Article
             XX.
             read
             ,
             Charging
             him
             with
             endeavouring
             to
             perswade
             ,
             and
             provoke
             His
             Majesty
             to
             an
             Offensive
             War
             against
             His
             Subjects
             of
             Scotland
             ,
             &c.
             515
          
           
             Article
             XXI
             .
             read
             ,
             Charging
             him
             with
             compelling
             His
             Majesty
             to
             call
             a
             Parliament
             in
             England
             ,
             with
             design
             to
             break
             the
             same
             ,
             and
             by
             Force
             and
             Power
             to
             raise
             Money
             ,
             516
          
           
             Article
             XXII
             .
             read
             Charging
             him
             to
             have
             procured
             the
             Parliament
             in
             Ireland
             ,
             to
             declare
             their
             assistance
             in
             a
             War
             against
             the
             Scots
             ,
             and
             to
             raise
             an
             Army
             of
             8000
             Foot
             ,
             and
             1000
             Horse
             ,
             for
             the
             most
             part
             Papists
             ,
             tending
             to
             the
             subversion
             of
             the
             Fundamental
             Laws
             in
             England
             ,
             517
          
           
             Article
             XXIII
             .
             read
             ;
             Wherein
             he
             is
             changed
             with
             Words
             ,
             That
             His
             Majesty
             having
             tryed
             the
             Parliament
             ,
             
               he
               was
               loose
               and
               absolved
               from
               all
               Rules
               of
               Government
               ,
               and
               was
               to
               do
               every
               thing
               that
               Power
               would
               admit
               .
            
             &c.
             518
          
           
             Article
             XXIV
             .
             Read
             ,
             charging
             him
             ,
             that
             he
             declared
             that
             the
             Parliament
             had
             forsaken
             the
             King
             ,
             in
             denying
             to
             supply
             him
             ;
             and
             that
             the
             King
             was
             not
             to
             suffer
             himself
             to
             be
             mastered
             by
             the
             frowardness
             of
             the
             People
             ,
             519
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             Defence
             and
             Reply
             ,
             as
             to
             that
             Article
             ,
             520
             to
             581
          
           
             Article
             XXV
             .
             read
             ,
             Charging
             the
             Earl
             ,
             that
             the
             Lord
             Mayor
             and
             Aldermen
             refusing
             to
             certify
             the
             Names
             of
             such
             Citizens
             as
             were
             able
             to
             lend
             Money
             ,
             he
             said
             
               they
               deserved
               to
               be
               put
               to
               Fine
               and
               Ransome
               ,
               and
               some
               of
               the
               Alderm
               .
               hanged
               up
               ,
            
             582
          
           
             The
             Charge
             opened
             by
             Mr.
             Maynard
             ,
             583
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             Defence
             and
             Reply
             as
             to
             that
             Article
             583
             to
             587
          
           
             Article
             XXVI
             .
             read
             ,
             Charging
             him
             ,
             that
             he
             did
             approve
             of
             two
             wicked
             Projects
             ,
             to
             seize
             upon
             the
             Bullion
             and
             Money
             in
             the
             Mint
             .
             and
             embase
             His
             Majestys
             Coyn
             with
             a
             mixture
             of
             Brass
             ,
             &c.
             589
          
           
             The
             Charge
             opened
             by
             Mr.
             Maynard
             ,
             590
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             Defence
             and
             Reply
             ,
             590
             to
             597
             &c.
             
          
           
             Article
             XXVII
             .
             read
             ,
             Wherein
             the
             Earl
             is
             charged
             ,
             that
             he
             did
             by
             his
             own
             Authority
             ,
             impose
             a
             Tax
             on
             His
             Majestys
             Subjects
             for
             the
             payment
             of
             the
             Soldiers
             ,
             and
             caused
             the
             same
             to
             be
             levied
             by
             force
             ,
             600
          
           
             The
             Article
             opened
             by
             Mr.
             Maynard
             601
          
           
             
             The
             Petition
             of
             the
             Gentry
             of
             York
             read
             ,
             as
             Evidence
             ,
             602
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exceptions
             taken
             ,
             Interlocutory
             passages
             ,
             Defence
             and
             Reply
             ,
             as
             to
             that
             Article
             ,
             603
             to
             627
          
           
             More
             passages
             Interlocutory
             629
             to
             632
          
           
             Attainder
             ,
             see
             Act
             and
             Bill
             .
          
           
             Bill
             brought
             in
             for
             continuance
             of
             the
             Parliament
             ,
             743
          
           
             Bill
             of
             Attainder
             ,
             and
             Bill
             for
             Continuance
             of
             the
             present
             Parliament
             ,
             passed
             the
             Lords
             House
             ,
             755
          
           
             Bill
             to
             be
             drawn
             up
             for
             the
             Pressing
             of
             Mariners
             ,
             755
          
           
             A.
             Bishop
             of
             Canterbury
             settles
             an
             inviolable
             friendship
             with
             the
             Earl
             ,
             769
          
           
             The
             Bishops
             decline
             giving
             their
             Suffrages
             in
             matters
             criminal
             ,
             41
          
           
             Bishops
             enabled
             in
             Ecclesiastical
             affairs
             ,
             by
             Warrant
             from
             the
             Earl
             of
             Strafford
             ,
             see
             Art.
             9.
             236
          
           
             Bishops
             ,
             Iudges
             ,
             &c.
             sent
             for
             to
             attend
             the
             King
             at
             Whitehall
             ,
             the
             day
             before
             His
             Majesty
             consented
             to
             pass
             the
             Bill
             of
             Attainder
             ,
             756
          
           
             Bullion
             in
             the
             Mint
             to
             be
             seized
             ,
             see
             Art.
             26.
             589
          
        
         
           
             C.
             
          
           
             CLosets
             placed
             in
             Westminster-Hall
             ,
             whither
             the
             King
             ,
             Queen
             ,
             and
             Prince
             retired
             ,
             41
          
           
             Commissioners
             of
             Scotland
             to
             bring
             in
             their
             proofs
             against
             the
             Earl
             ,
             18
          
           
             Commissions
             granted
             to
             the
             Earl
             of
             Worcester
             and
             his
             Son
             ,
             for
             levying
             of
             Horses
             ,
             to
             be
             drawn
             into
             the
             Charge
             against
             the
             Earl
             of
             Strafford
             ,
             19
          
           
             Committee
             appointed
             to
             be
             present
             at
             the
             private
             Examination
             of
             Witnesses
             ,
             6
          
           
             Committee
             touching
             the
             Examination
             of
             Members
             named
             ,
             14
             ,
             15
             ,
             16
          
           
             A
             select
             Committee
             of
             both
             Houses
             ,
             appointed
             to
             meet
             at
             a
             Conference
             concerning
             the
             Trial
             of
             the
             Earl
             ,
             33
          
           
             Commons
             House
             approves
             of
             the
             Petition
             delivered
             by
             certain
             Peers
             to
             the
             King
             at
             York
             ,
             for
             the
             calling
             of
             a
             Parliament
             ,
             6
          
           
             Right
             of
             the
             Commons
             in
             the
             proceedings
             in
             the
             Lords
             House
             ,
             in
             Cases
             of
             Impeachment
             ,
             to
             be
             considered
             of
             by
             a
             Committee
             ,
             21
          
           
             The
             Commons
             to
             meet
             only
             as
             a
             Committee
             of
             the
             whole
             House
             at
             the
             Trial
             of
             the
             Earl
             ;
             and
             in
             the
             House
             constantly
             at
             two
             of
             the
             clock
             in
             the
             afternoon
             ,
             during
             the
             time
             of
             Trial
             ,
             42
          
           
             Names
             of
             the
             Members
             of
             the
             House
             of
             Commons
             ,
             who
             are
             desired
             to
             be
             present
             as
             Witnesses
             at
             the
             Trial
             of
             the
             Earl
             ,
             44
          
           
             Conference
             ,
             That
             all
             the
             Ports
             in
             Ireland
             be
             open
             ,
             4.
             
          
           
             Conference
             about
             sending
             for
             Sir
             
               George
               Ratcliffe
            
             ,
             a
             Member
             of
             Parliament
             in
             Ireland
             ,
             4
          
           
             Conference
             about
             disbanding
             the
             new
             levied
             Irish
             Army
             .
             18
          
           
             Conference
             to
             Sequester
             the
             Earl
             from
             his
             Offices
             ,
             20
          
           
             Conference
             as
             to
             place
             of
             Trial
             ,
             as
             to
             the
             persons
             present
             ,
             as
             to
             Conncil
             and
             management
             of
             the
             Evidence
             ,
             34
             to
             37
          
           
             
               Conference
               is
               desired
            
             with
             the
             Lords
             ,
             to
             know
             to
             what
             purpose
             the
             Earls
             Council
             should
             be
             heard
             ,
             47
          
           
             Council
             of
             the
             Earl
             ,
             concerning
             matters
             of
             Law
             ,
             to
             be
             to
             morrow
             heard
             in
             Westminster-Hall
             ,
             47
          
           
             In
             Criminal
             matters
             the
             Bishops
             decline
             giving
             their
             Suffrages
             ,
             41.
             
          
           
             Interlocutory
             passages
             ,
             about
             admitting
             Sir
             
               Pierce
               Crosby
            
             to
             be
             examined
             ,
             109
          
           
             Customs
             Farmed
             for
             the
             Earls
             use
             ,
             see
             Art.
             10.
             241
          
        
         
           
             D.
             
          
           
             LOrd
             Digby
             goes
             up
             to
             the
             Lords
             to
             desire
             a
             free
             Conference
             concerning
             Articles
             against
             the
             Earl
             ,
             9
          
           
             His
             Speech
             to
             the
             House
             of
             Commons
             to
             the
             Bill
             of
             Attainder
             ,
             50
          
           
             
               Sir
               Kenelm
               Digby
            
             to
             be
             removed
             from
             Court
             42
          
           
             Lord
             Dillon's
             Case
             of
             Ireland
             ,
             to
             be
             reported
             by
             the
             Committee
             19
          
        
         
           
             E.
             
          
           
             LOrd
             Viscount
             Ely
             his
             Case
             in
             Ireland
             to
             be
             reported
             by
             the
             Committee
             ,
             19
          
           
             The
             Evidence
             against
             the
             Earl
             ,
             to
             be
             managed
             by
             a
             Committee
             of
             the
             House
             of
             Commons
             ,
             32
          
           
             Evidence
             offered
             by
             the
             House
             to
             the
             Committee
             ,
             to
             corroborate
             the
             latter
             part
             of
             the
             23
             Article
             ,
             45
          
           
             Evidence
             for
             the
             Earl
             to
             be
             recollected
             by
             him
             to
             morrow
             ,
             which
             done
             ,
             the
             managers
             are
             to
             state
             their
             Evidence
             ,
             47
          
           
             Examinations
             taken
             before
             the
             Lords
             ,
             to
             be
             delivered
             to
             the
             Commons
             appointed
             to
             draw
             up
             the
             Charge
             against
             the
             Earl
             ,
             19
          
           
             Examination
             of
             the
             Lord
             Primate
             of
             
               Ireland
               debated
            
             ,
             44
          
           
             Exceptions
             by
             the
             Earl
             ,
             and
             other
             unnecessary
             
             delays
             ,
             to
             be
             prevented
             ,
             43
          
           
             Exceptions
             taken
             by
             some
             Members
             to
             the
             Lord
             Digby's
             Speech
             ,
             55
          
        
         
           
             F.
             
          
           
             FIne
             and
             Ransome
             to
             be
             put
             upon
             those
             who
             refuse
             to
             lend
             Money
             ,
             
               see
               Art.
            
             25
             582.
             
          
           
             Flax
             ,
             a
             great
             quantity
             thereof
             in
             the
             Earl
             of
             Straffords
             hands
             ,
             
               &c.
               see
               Art.
            
             13.
             416
          
           
             Forces
             made
             use
             of
             to
             Levy
             Money
             ,
             
               see
               Art.
            
             25.
             426
          
           
             Forces
             in
             
               Wiltshire
               ,
               Hampshire
               ,
               Kent
            
             and
             Sussex
             ,
             be
             drawn
             towards
             Portsmouth
             and
             Dover
             ,
             740
          
        
         
           
             G.
             
          
           
             MR.
             Glyn's
             Reply
             ,
             706
             to
             733
          
           
             Gondamore
             ,
             an
             Agent
             from
             Spain
             ,
             a
             sower
             of
             Seeds
             of
             Distraction
             among
             us
             ,
             765
          
           
             Col.
             Goring
             his
             Examination
             ,
             746
          
           
             His
             Vindication
             by
             Vote
             of
             the
             House
             ,
             755
          
        
         
           
             H.
             
          
           
             EArl
             of
             Holland
             General
             of
             the
             Army
             ,
             751
          
           
             Lord
             Hollis
             his
             Speech
             to
             the
             Lords
             ,
             to
             promote
             the
             taking
             a
             Protestation
             ,
             741
          
           
             Hubub
             in
             the
             City
             ,
             that
             the
             House
             was
             beset
             ,
             and
             in
             danger
             ,
          
        
         
           
             I.
             
          
           
             IMpeachment
             against
             the
             Earl
             read
             ,
             101
          
           
             He
             is
             declared
             an
             Incendiary
             of
             the
             War
             with
             
               Scotland
               ,
               see
               Art.
            
             20.
             515
          
           
             The
             Introductive
             Speech
             of
             Mr.
             Pym
             ,
             as
             to
             the
             Preamble
             of
             the
             Earls
             Answer
             .
             102
             to
             109
          
           
             Petitions
             and
             Complaints
             from
             Ireland
             there
             reported
             by
             Mr.
             Whistler
             ,
             10
          
           
             Irish
             Affairs
             to
             be
             considered
             of
             by
             a
             Committee
             of
             the
             whole
             House
             ,
             1
          
           
             Irish
             Remonstrance
             reported
             by
             Mr.
             Whistler
             ,
             7
          
           
             Irish
             Remonstrance
             read
             ,
             11
             ,
             12
             ,
             13
          
           
             New
             levied
             Irish
             Army
             ,
             a
             Conference
             about
             disbanding
             them
             ,
             18
             ,
             42
          
           
             Irish
             Army
             consented
             by
             the
             King
             to
             be
             disbanded
             ,
             756
          
           
             Irish
             Army
             ,
             words
             spoken
             ,
             &c.
             tending
             to
             the
             bringing
             the
             same
             into
             England
             ,
             46
             ,
             725
          
        
         
           
             E.
             
          
           
             EArl
             of
             Kildare
             his
             Case
             of
             Ireland
             ,
             to
             be
             reported
             ,
             19
          
           
             The
             King
             declares
             the
             Ports
             in
             Ireland
             to
             be
             open
             ,
             6.
             
          
           
             King
             ,
             Queen
             ,
             and
             Prince
             come
             to
             their
             private
             Closets
             ,
             placed
             in
             Westminster-Hall
             during
             the
             Trial
             ,
             41
          
           
             
             King
             's
             little
             finger
             heavier
             than
             the
             loins
             of
             the
             Law
             ,
             
               see
               Art.
            
             2.
             149
          
           
             King's
             Letter
             on
             behalf
             of
             the
             Earl
             ,
             757
          
           
             Sir
             
               Robert
               King
            
             ,
             a
             Member
             of
             Parliament
             in
             Ireland
             ,
             sent
             for
             as
             a
             Witness
             against
             the
             Earl
             ,
             4.
             
          
        
         
           
             L.
             
          
           
             LEtter
             to
             Sir
             
               Jacob
               Ashley
            
             ,
             and
             Sir
             
               John
               Conyers
            
             ,
             to
             prevent
             a
             Design
             to
             engage
             the
             Army
             against
             the
             Parliament
             ,
             745
          
           
             Letter
             from
             the
             King
             ,
             to
             moderate
             the
             severity
             of
             the
             Law
             against
             the
             Earl
             ,
             755
          
           
             Letter
             from
             the
             Earl
             to
             his
             Secretary
             Slingsby
             before
             his
             death
             ,
             774
          
           
             Loftus
             ,
             Lord
             Chancellor
             ,
             made
             a
             close
             prisoner
             ,
             
               see
               Art.
            
             8.
             221
          
           
             Twelve
             Lords
             send
             to
             His
             Majesty
             ,
             to
             shew
             favour
             to
             his
             innocent
             Children
             ,
             758
          
        
         
           
             M.
             
          
           
             MAriners
             ,
             a
             Bill
             to
             be
             drawn
             to
             enable
             the
             pressing
             of
             them
             ,
             755
          
           
             Members
             of
             Parliament
             in
             Ireland
             sent
             for
             by
             the
             Commons
             ,
             4
             ,
             5
             ,
             6.
             
          
           
             A
             Committee
             ,
             touching
             the
             Examination
             of
             Members
             of
             both
             Houses
             named
             ,
             14
             ,
             15
             ,
             16
          
           
             Members
             make
             a
             protestation
             of
             Secresie
             ,
             16
          
           
             Four
             Members
             ,
             viz.
             Mr.
             
               Selden
               ,
               Palmer
               ,
               Maynard
            
             ,
             and
             Whitlock
             ,
             added
             to
             the
             Committee
             for
             the
             Earl
             ,
             who
             made
             their
             Protestation
             of
             Secresie
             ,
             32
          
           
             Members
             appointed
             to
             view
             the
             place
             of
             Trials
             ,
             39
          
           
             Members
             desired
             by
             the
             Earls
             Petition
             ,
             to
             be
             heard
             as
             Witnesses
             ,
             40
          
           
             Some
             Members
             of
             the
             Lords
             House
             desired
             by
             the
             Commons
             to
             be
             made
             use
             of
             as
             Witnesses
             ,
             44
          
           
             Members
             names
             of
             the
             House
             of
             Commons
             ,
             whom
             the
             House
             desires
             to
             be
             present
             at
             the
             Trial
             as
             Witnesses
             ,
             44
          
           
             Message
             from
             the
             Lords
             for
             a
             Conference
             by
             a
             Committee
             of
             Thirty
             of
             their
             House
             ,
             with
             a
             proportionable
             number
             of
             this
             House
             ,
             touching
             the
             examination
             of
             Members
             ,
             &c.
             10
          
           
             
             Message
             to
             the
             Lords
             about
             disbanding
             the
             new
             levied
             Irish
             Army
             ,
             42
          
           
             Message
             to
             the
             Lords
             ,
             to
             appoint
             a
             day
             for
             the
             Earl
             to
             conclude
             his
             Trial
             ;
             44
          
           
             Both
             Houses
             agree
             ,
             that
             if
             the
             Earl
             come
             not
             to
             morrow
             ,
             the
             House
             of
             Commons
             may
             sum
             up
             their
             Evidence
             and
             conclude
             ,
             45
          
           
             Message
             to
             acquaint
             the
             Lords
             ,
             that
             the
             Proceedings
             by
             Bill
             ,
             stand
             in
             no
             way
             of
             opposition
             to
             what
             hath
             been
             already
             done
             ,
             48
          
           
             Moneys
             without
             Parliament
             to
             be
             raised
             by
             force
             ,
             
               see
               Art.
            
             21.
             516
          
           
             Monopoly
             made
             of
             Tobacco
             ,
             
               see
               Art.
            
             12.
             402
          
           
             Sir
             Walter
             Montague
             ,
             Sir
             
               Toby
               Mathews
               &c.
            
             to
             be
             removed
             from
             Court
             ,
             42
          
           
             Lord
             Montnorris
             his
             Case
             of
             Ireland
             ,
             to
             be
             reported
             by
             the
             Committee
             .
          
           
             Montnorris
             sentence
             of
             death
             pronounced
             against
             him
             ,
             
               see
               Art.
            
             5.
             186
          
           
             Sentence
             read
             ,
             187
          
           
             Concerning
             his
             being
             put
             out
             of
             possession
             of
             his
             Freehold
             ,
             
               see
               Art.
            
             6.
             205
          
           
             Multitudes
             of
             people
             assembled
             in
             Westminster
             ,
             742
          
           
             Petition
             from
             them
             ,
             desiring
             Iustice
             against
             the
             Earl
             ,
             communicated
             to
             the
             Commons
             ,
             ibid.
             
          
           
             They
             depart
             upon
             the
             Lords
             taking
             the
             Protestation
             .
             742
          
        
         
           
             N.
             
          
           
             LYsimachus
             Nicanor
             ,
             his
             scandalous
             Pamphlet
             Printed
             ,
             770
          
           
             Earl
             of
             Northumberland
             made
             General
             of
             the
             Royal
             Army
             in
             England
             ,
             upon
             whose
             sickness
             ,
             the
             Earl
             of
             Strafford
             was
             made
             Lieutenant-General
             ,
             Anno
             1640.
             769
          
           
             Earl
             of
             Northumberland
             communicates
             Mr.
             Percies
             Letter
             to
             the
             Peers
             ,
             748
          
           
             Earl
             of
             Northumberland
             Lord
             High
             Admiral
             of
             England
             ,
             769
          
        
         
           
             O.
             
          
           
             OAth
             contrived
             against
             the
             Scots
             in
             
               Ireland
               ,
               see
               Art.
            
             19.
             489
          
           
             The
             like
             to
             the
             Scots
             in
             England
             ,
             503
          
           
             Offensive
             War
             against
             the
             Scots
             ,
             urged
             by
             the
             Earl
             ,
             
               see
               Art.
            
             20.
             515
          
           
             A
             Troop
             of
             Reformed
             Officers
             to
             be
             disbanded
             ,
             15
          
           
             Officers
             ,
             &c.
             Warrant
             to
             them
             ,
             
               see
               Art.
            
             9.
             236
          
        
         
           
             P.
             
          
           
             PAper
             posted
             up
             at
             
               Sir
               William
               Brunkards
            
             House
             in
             the
             Old
             Palace-yard
             ,
             declaring
             the
             names
             of
             many
             persons
             to
             be
             enemies
             of
             Iustice
             ,
             59
          
           
             Parliament
             in
             Ireland
             declare
             against
             the
             Scots
             ,
             
               see
               Art.
            
             22.
             517
          
           
             People
             assemble
             in
             multitudes
             at
             Westminster
             ,
             742
          
           
             Petitions
             ,
             Orders
             ,
             and
             Books
             of
             Entries
             of
             Impositions
             ,
             &c.
             sent
             for
             out
             of
             Ireland
             ,
             8
          
           
             Petitions
             and
             Complaints
             of
             proceedings
             in
             Ireland
             reported
             ,
             10
          
           
             
               Petition
               of
               the
               Parliament
               of
            
             Ireland
             to
             the
             King
             ,
             read
             15
          
           
             Petition
             of
             the
             Earl
             ,
             to
             examine
             some
             Members
             of
             this
             House
             ,
             read
             40
          
           
             Two
             Petitions
             of
             the
             Citizens
             of
             London
             ,
             read
             ,
             55
          
           
             One
             of
             them
             concerning
             Grievances
             inserted
             ,
             56
          
           
             Petition
             from
             a
             multitude
             of
             people
             at
             Westminster
             ,
             desiring
             Iustice
             against
             the
             Earl
             ,
             communicated
             to
             the
             Commons
             742
          
           
             A
             discovery
             in
             the
             Petition
             of
             Soldiers
             ,
             to
             be
             brought
             into
             the
             
               Tower
               ,
               ibid.
            
             
          
           
             Father
             Philips's
             Letter
             to
             Mr.
             
               Walter
               Montague
            
             read
             ,
             751
          
           
             He
             is
             called
             to
             the
             Bar
             ,
             and
             is
             impeached
             ,
             752
          
           
             Mr.
             
             Piercy's
             Letter
             concerning
             the
             Plot
             ,
             748
             to
             750
          
           
             Mr
             ,
             Piercy
             ,
             and
             Sir
             
               John
               Suckling
            
             voted
             to
             be
             guilty
             of
             High
             Treason
             ,
             754
          
           
             Plot
             discovered
             in
             England
             ,
             735
          
           
             Upon
             which
             the
             House
             resolves
             on
             a
             Protestation
             ,
             ibid.
             
          
           
             Preamble
             thereunto
             ,
             ibid.
             
          
           
             The
             Protestation
             read
             ,
             736
          
           
             Names
             of
             the
             Protestors
             ,
             736
             to
             740
          
           
             The
             Plot
             still
             suspected
             to
             be
             carried
             on
             ,
             740
          
           
             Ports
             in
             Ireland
             to
             be
             open
             ,
             46
          
           
             1500
             Barrels
             of
             Powder
             gone
             to
             Portsmouth
             to
             be
             stayed
             ,
             740
          
           
             Lord
             Primate
             of
             Ireland
             his
             Examination
             debated
             ,
             44
          
           
             Proceedings
             by
             way
             of
             Bill
             ,
             no
             way
             in
             opposition
             to
             what
             hath
             been
             already
             done
             ,
             48
          
           
             Proclamation
             to
             issue
             out
             against
             Sir
             
               George
               Ratcliffe
            
             ,
             if
             he
             appear
             not
             at
             the
             day
             limited
             ,
             16
          
           
             Proclamation
             by
             the
             Earl
             ,
             commanding
             the
             Nobility
             to
             reside
             in
             
               Ireland
               ,
               see
               Art.
            
             16.
             460.
             
          
           
             Protestation
             of
             Secresie
             taken
             by
             the
             Members
             16
          
           
             
             The
             same
             taken
             by
             the
             four
             Members
             added
             to
             the
             Committee
             for
             the
             Earl
             ,
             32
          
           
             Protestation
             of
             the
             Lords
             ,
             denying
             that
             they
             did
             approve
             of
             the
             Earls
             raising
             Money
             in
             Yorkshire
             ,
             37
             ,
             38
          
           
             Protestation
             resolved
             on
             by
             the
             House
             ,
             upon
             the
             discovery
             of
             the
             Plot
             in
             England
             ,
             735
          
           
             Carried
             up
             to
             the
             Lords
             ,
             to
             take
             the
             same
             ,
             741
          
           
             Mr.
             
             Hollis's
             Speech
             to
             the
             Lords
             ,
             to
             promote
             the
             taking
             thereof
             ,
             742
          
           
             The
             Protestation
             taken
             by
             the
             Lords
             ,
             and
             the
             multitude
             depart
             ,
             ibid.
             
          
        
         
           
             Q.
             
          
           
             THe
             Queen
             came
             to
             her
             private
             Closet
             in
             Westminster-Hall
             ,
             during
             the
             Trial
             ,
             41
          
           
             
             Queen-Mother
             apprehending
             her self
             in
             danger
             of
             the
             Multitude
             ,
             Mr.
             Martyn
             moved
             the
             House
             that
             she
             may
             depart
             the
             Kingdom
             ,
             758
          
        
         
           
             R.
             
          
           
             LOrd
             Ranelaghs
             ,
             debate
             about
             his
             Examination
             ,
             174
          
           
             Not
             to
             be
             examined
             ,
             175
          
           
             Sir
             
               George
               Ratcliffe
            
             not
             to
             speak
             with
             ,
             or
             write
             to
             the
             Earl
             of
             Strafford
             ,
             15
          
           
             A
             Proclamation
             to
             issue
             out
             against
             him
             ,
             if
             he
             appear
             not
             at
             the
             day
             limited
             ,
             16
          
           
             Articles
             of
             High-Treason
             voted
             against
             him
             ,
             17
          
           
             Records
             of
             Attainder
             ,
             a
             Committee
             appointed
             to
             search
             those
             Cases
             in
             the
             Kings-Bench
             ,
             7
          
           
             
             Reformado-Officers
             to
             be
             disbanded
             15
          
           
             Remonstrance
             of
             Ireland
             reported
             by
             Mr.
             Whistler
             ,
             7
          
           
             Remonstrance
             of
             the
             House
             of
             Commons
             in
             Ireland
             read
             ,
             11
             ,
             12
             ,
             13
             ,
             114.
             
          
           
             No
             Replication
             to
             be
             put
             in
             to
             the
             Earls
             Answer
             ,
             32
          
        
         
           
             Strafford
             .
          
           
             A
             Committee
             of
             Irish
             Affairs
             ,
             of
             the
             whole
             House
             designed
             in
             order
             to
             his
             Accusation
             .
             1
          
           
             He
             is
             in
             a
             great
             Dilemma
             in
             the
             North
             2
          
           
             His
             intended
             Impeachment
             of
             some
             Members
             disappointed
             ,
             ibid.
             
          
           
             He
             is
             accused
             of
             High-Treason
             ;
             3
          
           
             Sequestred
             from
             the
             Parliament
             ,
             and
             Committed
             to
             the
             
               Black
               Rod
               ,
               ibid.
            
             
          
           
             Examination
             of
             Witnesses
             to
             be
             taken
             ,
             previous
             to
             his
             Tryal
             in
             the
             presence
             of
             some
             of
             the
             Commons
             ,
             6
          
           
             Records
             of
             Attainder
             in
             the
             
               Kings
               Bench
            
             to
             be
             search'd
             ,
             in
             order
             to
             a
             Bill
             of
             Attainder
             ,
             7
          
           
             Irish
             Remonstrance
             reported
             ,
             which
             reflected
             on
             his
             proceedings
             in
             Ireland
             ,
             7
             and
             10
          
           
             Petitions
             ,
             Orders
             ,
             and
             Books
             of
             Proceedings
             upon
             Paper-Petitions
             ,
             and
             of
             Entries
             relating
             to
             the
             Custom-House
             in
             Ireland
             sent
             for
             ,
             7
             ,
             8
          
           
             Articles
             ,
             in
             maintainance
             of
             the
             Accusation
             of
             the
             said
             Earl
             ,
             8
             ,
             9
          
           
             Free
             Conference
             concerning
             the
             said
             Articles
             ,
             9
          
           
             A
             select
             Committee
             agreed
             upon
             for
             the
             Examination
             of
             Witnesses
             concerning
             him
             ,
             10
          
           
             Members
             of
             both
             Houses
             to
             be
             examined
             concerning
             him
             ,
             14
             ,
             15
             ,
             16
          
           
             Parliament
             of
             Ireland
             ,
             their
             Petition
             to
             the
             King
             against
             him
             ,
             15
          
           
             Sir
             
               George
               Ratcliffe
            
             not
             to
             speak
             with
             him
             ,
             15
          
           
             Scotch
             Commissioners
             to
             bring
             in
             their
             charge
             ,
             and
             Proofs
             against
             him
             ,
             18
          
           
             See
             the
             Charge
             769
          
           
             Conference
             to
             Sequester
             him
             from
             his
             Offices
             ,
             20
          
           
             Debate
             about
             admitting
             him
             Council
             at
             his
             Trial
             ,
             21
          
           
             His
             Answer
             read
             ,
             containing
             200
             sheets
             of
             Paper
             ,
             22
          
           
             Abstract
             of
             his
             Answer
             to
             the
             28
             Articles
             ,
             22
             unto
             30
          
           
             The
             Evidence
             against
             him
             to
             be
             managed
             by
             a
             Committee
             of
             the
             House
             of
             Commons
             ,
             32
          
           
             No
             Replication
             to
             be
             put
             in
             unto
             his
             Answer
             ,
             ibid.
             
          
           
             The
             Commons
             aver
             the
             Charge
             against
             him
             ,
             and
             will
             manage
             the
             Evidence
             by
             Members
             of
             their
             own
             ;
             the
             Names
             of
             the
             Members
             to
             that
             purpose
             appointed
             ,
             33
          
           
             A
             Committee
             of
             48
             of
             the
             Commons
             ,
             appointed
             to
             meet
             a
             Committee
             of
             24
             of
             the
             Lords
             ,
             at
             a
             free
             Conference
             concerning
             his
             Tryal
             ,
             33
          
           
             Conference
             as
             to
             place
             of
             Tryal
             ,
             Persons
             present
             ,
             Council
             ,
             and
             management
             of
             Evidence
             against
             him
             ,
             34
             unto
             37
          
           
             Protestation
             entred
             in
             the
             Lords
             House
             ,
             denying
             that
             they
             did
             approve
             of
             his
             raising
             Money
             in
             Yorkshire
             ,
             37
             ,
             38
          
           
             Resolved
             that
             the
             Commons
             be
             present
             ,
             as
             a
             Committee
             of
             the
             whole
             House
             ,
             at
             his
             Tryal
             ,
             &c.
             38
          
           
             Some
             Members
             appointed
             to
             view
             the
             place
             for
             his
             Trial
             ,
             39
          
           
             His
             Petition
             to
             examine
             some
             Members
             of
             this
             House
             read
             ,
             40
          
           
             
             The
             manner
             of
             his
             coming
             to
             his
             Tryal
             in
             Westminster-Hall
             ,
             41
          
           
             The
             manner
             of
             bringing
             him
             into
             the
             Hall
             ,
             the
             Ax
             not
             being
             suffered
             to
             be
             carried
             before
             him
             till
             after
             Tryal
             ,
             41
          
           
             Suffrages
             in
             matters
             criminal
             declined
             to
             be
             given
             by
             the
             Bishops
             ,
             entring
             their
             Protestation
             ,
             &c
             ,
             41
          
           
             The
             House
             to
             meet
             at
             Two
             in
             the
             afternoon
             ,
             constantly
             during
             the
             Tryal
             42
          
           
             His
             Exceptions
             ,
             and
             frequent
             Adjournment
             of
             the
             Lords
             House
             ,
             occasioned
             thereby
             ,
             with
             other
             unnecessary
             delays
             reported
             ,
             how
             to
             prevent
             the
             same
             ,
             43
          
           
             A
             Peremptory
             day
             to
             be
             appointed
             for
             him
             to
             conclude
             his
             Tryal
             ,
             44
          
           
             Both
             Houses
             agree
             ,
             that
             if
             the
             Earl
             come
             not
             to
             morrow
             ,
             the
             Commons
             may
             sum
             up
             their
             Evidence
             ,
             and
             conclude
             ,
             45.
             
          
           
             Resolved
             by
             the
             Lords
             ,
             that
             to
             morrow
             be
             recollect
             his
             Evidence
             ,
             which
             being
             done
             ,
             the
             Managers
             are
             to
             state
             theirs
             ,
             47
          
           
             The
             
               Act
               of
               Attainder
            
             read
             a
             Second
             time
             ,
             and
             referred
             to
             a
             Committee
             of
             the
             whole
             House
             .
             ibid.
             
          
           
             The
             Council
             appointed
             by
             the
             Lords
             to
             be
             here
             to
             morrow
             morning
             ,
             concerning
             matter
             of
             Law
             ,
             47
          
           
             Resolved
             ,
             that
             it
             is
             sufficiently
             proved
             that
             he
             hath
             endeavoured
             to
             subvert
             the
             antient
             and
             Fundamental
             Laws
             of
             the
             Realms
             of
             
               England
               ,
               Scotland
            
             ,
             and
             Ireland
             ,
             and
             to
             introduce
             Arbitrary
             and
             Tyrannical
             Government
             against
             Law
             ,
             48
          
           
             Lord
             High
             Steward
             ,
             his
             Speech
             unto
             him
             the
             first
             day
             of
             Tryal
             ,
             101
          
           
             The
             Impeachment
             against
             him
             read
             ,
             101
          
           
             The-Speech
             Introductive
             of
             Mr.
             Pym
             ,
             concerning
             the
             Preamble
             to
             his
             Answer
             ,
             102
          
           
             Lord
             Digby's
             Speech
             to
             the
             Bill
             of
             Attainder
             ,
             50
          
           
             Names
             of
             Witnesses
             ,
             their
             Evidence
             ,
             Exception
             taken
             ,
             Interlocutory
             Passages
             ,
             Defence
             and
             Reply
             ,
             109
             ,
             &c.
             
          
           
             Sentence
             against
             the
             Lord
             Montnorris
             read
             ,
             187
          
           
             Some
             Interlocutory
             Passages
             and
             Speeches
             in
             the
             
               Petition
               of
               Right
            
             made
             by
             him
             in
             Parliament
             ;
             much
             notice
             thereof
             being
             taken
             by
             the
             Court
             ,
             763
          
           
             His
             Confinement
             in
             Kent
             for
             refusing
             Lone-Money
             ,
             763
          
           
             Complained
             of
             at
             Court
             ,
             for
             frequenting
             Archbishop
             Abbots
             Table
             with
             Sir
             
               Dudly
               Digs
            
             ,
             &c.
             764
          
           
             Sentence
             against
             the
             Lord
             Montnorris
             read
             ,
             187
          
           
             Earl
             of
             Straffords
             Summary
             Account
             of
             his
             Evidence
             ,
             633
             to
             660
          
           
             The
             Speech
             of
             Mr.
             Pym
             thereupon
             ,
             661
             ,
             to
             674
          
           
             Mr.
             
             Glyn's
             Reply
             ,
             to
             the
             Earls
             Summary
             of
             his
             Evidenee
             ,
             706
             to
             733
          
           
             King's
             Speech
             in
             favour
             of
             the
             Earl
             ,
             734
          
           
             The
             Earls
             Letter
             to
             him
             ,
             to
             set
             His
             Majesties
             Conscience
             at
             Liberty
             ,
             743
          
           
             Concerning
             an
             endeavour
             for
             the
             Earl
             to
             escape
             out
             of
             the
             Tower
             ,
             746
          
           
             Sir
             
               John
               Suckling
            
             voted
             Guilty
             of
             Treason
             ,
             754
          
           
             The
             Earl
             brought
             to
             the
             Scaffold
             ,
             his
             Speech
             then
             ,
             759
          
           
             Copy
             of
             the
             Paper
             ,
             containing
             the
             heads
             of
             his
             last
             Speech
             ,
             written
             with
             his
             own
             Hand
             ,
             and
             left
             on
             the
             Scaffold
             ,
             760
          
           
             He
             desires
             before
             he
             dies
             ,
             to
             speak
             with
             the
             Archbishop
             of
             Canterbury
             ,
             but
             refused
             ,
             762
          
           
             He
             sees
             the
             Archbishop
             the
             next
             morning
             at
             his
             window
             ,
             as
             he
             was
             going
             to
             the
             Scaffold
             ,
             and
             desires
             his
             Blessing
             ,
             762
          
           
             He
             went
             to
             the
             Scaffold
             more
             like
             a
             General
             at
             the
             Head
             of
             an
             Army
             ,
             after
             obtaining
             Conquest
             in
             Battel
             ,
             than
             like
             a
             man
             going
             to
             execution
             by
             Death
             ,
             762
          
           
             His
             Instructions
             to
             his
             Son
             in
             Writing
             ,
             ibid.
             
          
           
             A
             Description
             of
             his
             Person
             ,
             and
             an
             account
             of
             the
             Noble
             Relations
             to
             his
             Family
             ,
             772
          
           
             A
             brief
             Account
             of
             his
             Secretary
             Mr.
             Slingsby
             ;
             and
             of
             his
             death
             ,
             by
             having
             his
             Legs
             cut
             off
             above
             the
             knees
             ,
             773
          
           
             His
             Letter
             to
             his
             Secretary
             before
             his
             death
             ,
             774
          
           
             The
             King's
             Reflections
             upon
             the
             Earls
             death
             ,
             775
          
        
         
           
             T.
             
          
           
             TAx
             imposed
             on
             the
             Subjects
             ,
             
               see
               Art.
            
             27
             ,
             598
          
           
             Tobacco
             made
             a
             Monopoly
             ,
             
               see
               Art.
            
             12.
             402
          
           
             Westminster-Hall
             the
             place
             of
             Tryal
             ,
             appointed
             to
             be
             viewed
             by
             Members
             ,
             39
             The
             fitness
             thereof
             reported
             by
             Sir
             
               John
               Culpeper
               ,
               ibid.
            
             
          
           
             The
             First
             day
             of
             
               Tryal
               ,
               March
            
             22.
             1640.
             101
             ,
             102
             ,
             &c.
             
          
           
             The
             manner
             of
             his
             coming
             to
             Tryal
             ,
             41
          
        
         
           
             U
          
           
             ULster
             the
             place
             of
             Rendezvous
             for
             the
             Irish
             Army
             in
             fight
             of
             Scotland
             ,
             769
          
           
             Ungirding
             of
             the
             Scotch
             Army
             ,
             770
          
        
         
           
           
             W
          
           
             SIr
             Christopher
             Wandesford
             ,
             made
             Lord
             Deputy
             of
             Ireland
             ,
             by
             the
             Earl
             ,
             769
          
           
             Warrant
             given
             to
             Officers
             of
             the
             Ecclesiastical
             Courts
             to
             Attach
             and
             commit
             persons
             ,
             
               see
               Art.
            
             9.
             236
          
           
             Warrant
             produced
             ,
             237.
             
          
           
             Sir
             Richard
             Weston
             ,
             Lord
             Treasurer
             ,
             first
             courted
             the
             Earl
             after
             the
             Dissolution
             of
             the
             Parliament
             ,
             4
             Car.
             1.
             768
          
           
             Sir
             Iohn
             Winter
             to
             be
             removed
             from
             Court
             ,
             42
          
           
             Some
             Lords
             desired
             to
             be
             made
             use
             of
             as
             Witnesses
             ,
             49
          
           
             Earl
             of
             Worcester
             and
             his
             Sons
             Commission
             for
             levying
             of
             Forces
             ,
             to
             be
             drawn
             into
             the
             charge
             of
             the
             Earl
             of
             Strafford
             ,
             19
          
           
             Words
             spoken
             ,
             tending
             to
             the
             bringing
             of
             the
             Irish
             Army
             into
             England
             ,
             46
             ,
             725
          
           
             Words
             wherewith
             the
             Earl
             was
             charged
             in
             several
             Articles
             of
             Impeachment
             ,
             
               see
               Art.
            
             
          
        
         
           FINIS
           .
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A57925-e590
           
             See
             Historical
             Collections
             the
             First
             Part.
             Pa.
             500.
             
          
        
         
           Notes for div A57925-e920
           
             Resolved
             to
             Accuse
             the
             E.
             of
             strafford
             of
             High
             Treason
             .
          
           
             Report
             of
             the
             Message
             of
             High
             Treason
             .
          
           
             Message
             of
             Sequestration
             of
             E.
             of
             Strafford
             .
          
           
             The
             Lord
             Keeper
             to
             the
             E.
             of
             Strafford
             .
          
           
             Message
             from
             the
             Lords
             .
          
           
             Conference
             ,
             that
             Ports
             of
             Ireland
             shall
             be
             open
             .
          
           
             Committee
             how
             to
             send
             for
             Sir
             
               George
               Ratcliff
            
             .
          
           
             Mr.
             Speaker
             to
             sit
             at
             the
             Grand
             Committee
             for
             Irish
             Affairs
             .
          
           
             Irish
             Affairs
             .
          
           
             Committee
             concerning
             the
             Earl
             of
             Strafford
             .
          
           
             Resolutions
             thereupon
             .
          
           
             Sir
             
               Robert
               King
            
             to
             be
             sent
             for
             .
          
           
             Expedition
             .
          
           
             Mr.
             Treasurer
             Reports
             the
             Message
             from
             the
             King.
             
          
           
             No
             Member
             to
             visit
             the
             Earl
             of
             Strafford
             without
             leave
             .
          
           
             Message
             to
             the
             Lords
             for
             a
             Committee
             to
             examine
             Witnesses
             .
          
           
             Approbation
             of
             the
             Lords
             Petitioners
             for
             a
             Parliament
             .
          
           
             Petition
             to
             be
             Entred
             .
          
           
             Speedy
             examinations
             against
             the
             Earl
             of
             Strafford
             by
             Members
             of
             both
             Houses
             .
          
           
             Committee
             to
             search
             Attainders
             .
          
           
             Report
             Irish
             Remonstrance
             .
          
           
             Book
             of
             Petitions
             sent
             for
             over
             .
          
           
             Warrants
             for
             Taxes
             upon
             Tobacco
             .
          
           
             Entries
             of
             Impositions
             .
          
           
             Articles
             against
             the
             Earl
             of
             Strafford
             .
          
           
             Articles
             to
             be
             engrossed
             .
          
           
             Conference
             concerning
             the
             Earl
             of
             
             Strafford's
             Articles
             .
          
           
             Articles
             ingrossed
             .
          
           
             Mr.
             Pym
             gets
             leave
             to
             speak
             .
          
           
             Mr.
             Pym
             Reports
             the
             Conference
             .
          
           
             Thank
             's
             to
             Mr.
             Pym.
             
          
           
             Message
             for
             a
             Conference
             .
          
           
             Answer
             .
          
           
             Mr.
             
             Whistler's
             Report
             from
             the
             Committee
             for
             Irish
             Affairs
             .
          
           
             A
             Committee
             to
             meet
             a
             Committee
             of
             the
             House
             of
             Lords
             about
             the
             Examination
             of
             Witnesses
             ,
             in
             the
             Case
             of
             the
             E.
             of
             Strafford
             .
          
           
             Petition
             from
             the
             Parliament
             in
             Ireland
             read
             .
          
           
             Sir
             
               George
               Ratcliff
            
             not
             to
             speak
             with
             ,
             or
             write
             to
             the
             E.
             of
             Strafford
             .
          
           
             A
             Troop
             of
             Reformado
             Officers
             in
             the
             Army
             to
             be
             disbanded
             .
          
           
             A
             Message
             for
             a
             Conference
             for
             some
             of
             the
             Members
             to
             be
             present
             at
             the
             Examination
             of
             Witnesses
             .
          
           
             Mr.
             
             Pym's
             Report
             .
          
           
             A
             Message
             by
             the
             Commons
             .
          
           
             Sir
             
               George
               Ratcliff
            
             to
             come
             in
             by
             a
             day
             .
          
           
             A
             Report
             of
             the
             Conference
             for
             the
             Lords
             Members
             to
             be
             examined
             .
          
           
             Another
             Message
             concerning
             Members
             to
             be
             present
             at
             the
             Examination
             .
          
           
             A
             Protestation
             of
             Secrefie
             .
          
           
             Articles
             against
             Sir
             
               George
               Ratcliff
            
             .
          
           
             A
             Message
             .
          
           
             Ratcliff
             .
          
           
             Irish
             Army
             .
          
           
             Petitions
             referred
             to
             the
             Sub-Committee
             .
          
           
             Depositions
             concerning
             the
             Earl
             of
             Strafford
             .
          
           
             A
             Message
             concerning
             Examinations
             .
          
           
             The
             further
             Impeachment
             of
             the
             Earl
             of
             Strafford
             .
          
           
             Sequestration
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             To
             open
             Letters
             .
          
           
             Concerning
             Council
             for
             the
             Earl
             of
             Strafford
             .
          
           
             The
             little
             Finger
             of
             the
             Law
             
          
           
             Ireland
             a
             Conquered
             Nation
             
          
           
             Lawyers
             not
             to
             dispute
             the
             Orders
             of
             the
             Council-Board
             ,
             in
             the
             Earl
             of
             
             Cork's
             Case
             .
          
           
             Lord
             Mountnorris
             sentenced
             to
             suffer
             death
             by
             Martial
             Law.
             
          
           
             The
             Lord
             Mountnorris
             put
             out
             of
             Possession
             .
          
           
             Lord
             Dillon
             his
             Patent
             questioned
             .
          
           
             The
             Lord
             Loftus
             close
             Prisoner
             ,
             not
             delivering
             the
             Great
             Seal
             .
          
           
             The
             Earl
             of
             Kildare
             Committed
             .
          
           
             Committee
             to
             consider
             of
             the
             Proof
             .
          
           
             Members
             to
             manage
             the
             Evidence
             .
          
           
             No
             Replication
             to
             the
             Earl's
             Answer
             .
          
           
             Concerning
             the
             manner
             of
             the
             Trial
             of
             the
             Earl.
             
          
           
             Concerning
             the
             place
             of
             Trial
             ,
             and
             the
             Council
             for
             the
             Earl.
             
          
           
             The
             time
             of
             the
             Trial.
             
          
           
             Concerning
             the
             Place
             for
             the
             Trial.
             
          
           
             Members
             appointed
             to
             View
             the
             place
             of
             Trial.
             
          
           
             E
             of
             
             Strafford's
             Petition
             read
             .
          
           
             The
             great
             Hall
             in
             Westminster
             appointed
             for
             the
             Trial
             of
             Thomas
             Earl
             of
             Strafford
             .
          
           
             Menday
             .
          
           
             (
             Afternoon
             .
             )
          
           
             (
             Afternoon
             .
             )
          
           
             The
             Petition
             of
             divers
             Citizens
             of
             London
             to
             both
             Houses
             of
             Parliament
             ,
             wherein
             is
             an
             accompt
             of
             their
             Grievances
             ,
             together
             with
             their
             desires
             for
             Justice
             to
             be
             executed
             upon
             the
             E.
             of
             Strafford
             ,
             and
             other
             Delinquents
             .
          
           
             A
             Memorial
             of
             the
             Member
             that
             first
             took
             the
             Names
             .
          
        
         
           Notes for div A57925-e31100
           
             The
             Prisoner
             at
             the
             Barr.
             
          
           
             Lord
             High
             Steward
             .
          
           
             Lord
             High
             Steward
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Lord
             High
             Steward
             .
          
           
             Lord
             High
             Steward
             .
          
           
             Mr.
             Pym.
             
          
           
             Lord
             High
             Steward
             .
          
           
             Mr.
             Pym.
             
          
           
             E.
             of
             Strafford
             .
          
           
             Lord
             High
             Steward
             .
          
           
             Mr.
             Pym.
             
          
           
             Lord
             High
             Steward
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Maynard
             .
          
           
             Lord
             High
             Steward
             .
          
           
             Mr.
             Pym.
             
          
           
             Mr.
             Maynard
             .
          
           
             Lord
             Fligh
             Steward
             .
          
           
             Mr.
             Pym.
             
          
           
             Sir
             
               Io.
               Clotworthy
            
             ,
             a
             Witness
             .
          
           
             The
             Question
             .
          
           
             Sir
             Io.
             Clotworthy
             .
          
           
             Lord
             Ranulagh
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Lo.
             Ranulagh
             .
          
           
             L.
             Mountnorris
             a
             Witness
             .
          
           
             Nicholas
             Barnewell
             
               a
               Witness
            
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Pym.
             
          
           
             Mr.
             Egor
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Glyn.
             
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Glyn.
             
          
           
             Remonstrance
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Glyn.
             
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Glyn.
             
          
           
             Remonstrance
             .
          
           
             Manager
             .
          
           
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Lord
             High
             Steward
             .
          
           
             Witness
             .
          
           
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Witness
             .
          
           
             E
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Witness
             .
          
           
             Manager
             .
          
           
             Witness
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Lord
             High
             Steward
             .
          
           
             E.
             of
             Straffords
             Speech
             .
          
           
             Lord
             High
             Steward
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Witness
             .
          
           
             Kings
             Warrant
             read
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Billetting
             of
             Soldiers
             in
             Dublin
             .
          
           
             Increase
             of
             Shipping
             .
          
           
             Jurors
             Sentence
             in
             the
             Star-Chamber
             .
          
           
             Manager
             .
          
           
             Lord
             High
             Steward
             .
          
           
             Mr.
             Maynard
             Manager
             .
          
           
             Article
             1.
             
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             Witness
             .
          
           
             Witness
             .
          
           
             Witness
             .
          
           
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Lord
             High
             Steward
             .
          
           
             Manager
             .
          
           
             
               F.
               Thorpe
            
             a
             Witness
             .
          
           
             Manager
             .
          
           
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Lord
             High
             Steward
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Lord
             High
             Steward
             .
          
           
             Manager
             .
          
           
             F.
             Thorpe
             
               a
               Witness
            
             .
          
           
             George
             Hawes
             
               a
               Witness
            
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Straffords
             Defence
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             The
             Managers
             Reply
             .
          
           
             Article
             2.
             
          
           
             Manager
             .
          
           
             Witness
             .
          
           
             Sir
             
               Tho.
               Leyton
            
             a
             Witness
             .
          
           
             Lord
             High
             Steward
             .
          
           
             Tho.
             Harrison
             
               a
               Witness
            
             .
          
           
             E.
             of
             Straffords
             Defence
             .
          
           
             Witness
             .
          
           
             
               E.
               of
            
             Strafford
             .
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             
               E.
               of
            
             Strafford
             .
          
           
             Manager
             .
          
           
             
               E.
               of
            
             Strafford
             .
          
           
             Manager
             .
          
           
             Lord
             Steward
             .
          
           
             Managers
             Relpy
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Lord
             High
             Steward
             .
          
           
             Sir
             
               David
               Fowles
            
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Article
             3.
             
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E
             of
             Strafford
             .
          
           
             E
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Robert
             Kennyday
             
               a
               Witness
            
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Lord
             Corke
             a
             Witness
             .
          
           
             Manager
             .
          
           
             Lord
             Gorminstone
             a
             Witness
             .
          
           
             Lord
             Killmallock
             a
             Witness
             .
          
           
             Sir
             
               Pierce
               Crosby
            
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Slingsby
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Managers
             Relpy
             .
          
           
             Managers
             Reply
             .
          
           
             Mr.
             Fitzgarret
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Lord
             Gorminstone
             a
             Witness
             .
          
           
             Lord
             Killmallock
             a
             Witness
             .
          
           
             Manager
             .
          
           
             Article
             4.
             
          
           
             Manager
             .
          
           
             Lord
             Ranulagh
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Witness
             .
          
           
             E.
             of
             Stafford
             .
          
           
             E.
             of
             Corke
             2
             Witness
             .
          
           
             Iohn
             Waldron
             
               a
               Witness
            
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Castlehaven
             a
             Witness
             .
          
           
             Manager
             .
          
           
             Lord
             High
             Steward
             .
          
           
             
               Roger
               Lotts
            
             a
             Witness
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Article
             5.
             
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             Lord
             Mountnorris
             a
             Witness
             .
          
           
             Witness
             .
          
           
             Witness
             .
          
           
             Witness
             .
          
           
             Lord
             Dillom
             a
             Witness
             .
          
           
             Lord
             Ranulagh
             a
             Witness
             .
          
           
             Manager
             .
          
           
             Earl
             of
             Cork
             a
             Witness
             .
          
           
             
               William
               Castigatt
            
             a
             Witness
             .
          
           
             Lord
             Dillon
             a
             Witness
             .
          
           
             Patrick
             Gough
             
               a
               Witness
            
             .
          
           
             Lord
             Conway
             a
             Witness
             .
          
           
             E.
             of
             
             Strafford's
             Defence
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Lord
             Willmott
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Sir
             
               Robert
               Farrer
            
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             Earl
             of
             Ely
             a
             Witness
             .
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             Article
             6.
             
          
           
             Manager
             .
          
           
             Thomas
             Little
             
               a
               Witness
            
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Lord
             Mountnorris
             a
             Witness
             .
          
           
             Mr.
             Anslow
             a
             Witness
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Corke
             a
             Witness
             .
          
           
             Lord
             Ranulagh
             a
             Witness
             .
          
           
             S.
             
               Adam
               Loftus
            
             a
             Witness
             .
          
           
             Lord
             Mountnorris
             a
             Witness
             .
          
           
             Earl
             of
             Bath
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             Mr.
             Anslowe
             a
             Witness
             .
          
           
             William
             Brettergh
             
               a
               Witness
            
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Straffords
             Defence
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Article
             8.
             
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             Mr.
             Hoy
             a
             Witness
             .
          
           
             
               Thomas
               Hibbots
            
             a
             Witness
             .
          
           
             Lord
             Mountnorris
             a
             Witness
             .
          
           
             Earl
             of
             Cork
             a
             Witness
             .
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             Manager
             .
          
           
             Lord
             Corke
             a
             Witness
             .
          
           
             Lord
             Primate
             a
             Witness
             .
          
           
             Lord
             Renula
             a
             Witness
             .
          
           
             Manager
             .
          
           
             Lord
             Renula
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Lord
             Dillon
             a
             Witness
             .
          
           
             Sir
             
               Philip
               Manwareing
            
             a
             Witness
             .
          
           
             The
             Managers
             Reply
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Article
             9.
             
          
           
             Sir
             Ia.
             Montgomery
             
               a
               Witness
            
             .
          
           
             Manager
             .
          
           
             
               E.
               of
            
             Strafford
             .
          
           
             Manager
             .
          
           
             
               E.
               of
            
             Strafford
             .
          
           
             Manager
             .
          
           
             Article
             10.
             
          
           
             Lord
             Ranulagh
             a
             Witness
             .
          
           
             Sir
             
               Iames
               Hey
            
             a
             Witness
             .
          
           
             
               Robert
               Goodwyn
            
             a
             Witness
             .
          
           
             
               Henry
               Brawd
            
             a
             Witness
             .
          
           
             
               Robert
               Cogan
            
             a
             Witness
             .
          
           
             
               Iohn
               Welsh
            
             a
             Witness
             .
          
           
             Lord
             Renula
             a
             Witness
             .
          
           
             
               Patrick
               Allen
            
             a
             Witness
             .
          
           
             E.
             of
             Straffords
             Defence
             .
          
           
             Lord
             Cottington
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Lord
             Cottington
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Lord
             Cottington
             a
             Witness
             .
          
           
             Sir
             
               Arthur
               Ingram
            
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Lord
             Dillon
             a
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             
             Maynard's
             Reply
             .
          
           
             Article
             XII
             .
             Charge
             .
          
           
             Mr.
             Maynard
             .
          
           
             Proclamation
             .
          
           
             Proclamation
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Crosby
             .
             Witness
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Allen.
             Winness
             .
          
           
             Mr.
             Welsh
             .
             Witness
             .
          
           
             Mr.
             Gough
             .
             Witness
             .
          
           
             Patrick
             Gough
             .
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Glyn.
             
          
           
             Mr.
             Blunkett
             .
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Glyn.
             
          
           
             Mr.
             Crosby
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Gibson
             .
          
           
             Mr.
             Slings
             by
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Lord
             Robert
             Dillon
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Gibson
             .
          
           
             Mr.
             Maynard
          
           
             Mr.
             Gibson
             .
          
           
             Article
             XIII
             .
             Charge
             .
          
           
             Benjamin
             Croky
             ,
             Witness
             .
          
           
             Sir
             Iohn
             Clotworthy
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             L.
             Rainalaugh
             .
          
           
             Sir
             Iohn
             Clotworthy
             Witness
             .
          
           
             L.
             Rainalaugh
             Witness
             .
          
           
             Mr.
             Gough
             ,
             Witness
             .
          
           
             Mr.
             Firzgarret
             Witness
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Glyn.
             
          
           
             Article
             XV.
             Charge
             .
          
           
             Mr.
             Palmer
             .
          
           
             Mr.
             Savill
             ,
             Witness
             .
          
           
             Mr.
             Glyn.
             
          
           
             Mr.
             Savill
             .
          
           
             Mr.
             Palmer
             .
          
           
             Mr.
             Savill
             .
          
           
             Mr.
             Maynard
             .
          
           
             L.
             Strafford
             .
          
           
             Mr.
             Palmer
             .
          
           
             Mr.
             Pym.
             
          
           
             Mr.
             Savill
             Witness
             .
          
           
             Mr.
             Palmer
             .
          
           
             L.
             Steward
             .
          
           
             Mr.
             Palmer
             .
          
           
             Mr.
             Savill
             .
          
           
             Gough
             Witness
             .
          
           
             Richard
             Welsh
             Witness
             .
          
           
             Patrick
             Cleare
             .
             Witness
             .
          
           
             Nicholas
             Ardah
             Witness
             .
          
           
             Berne
             .
             Witness
             .
          
           
             Mr.
             Palmer
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Kennedy
             .
          
           
             Mr.
             Palmer
             .
          
           
             Mr.
             Little
             Witness
             .
          
           
             Mr.
             Palmer
             .
          
           
             Mr.
             Maynard
             .
          
           
             Lord
             Strafford
          
           
             Lord
             
               Rana
               .
               laugh
            
             .
          
           
             Mr.
             Palmer
             ,
          
           
             Mr.
             Palmer
             .
          
           
             E.
             of
             Strafford
          
           
             Defence
             .
          
           
             Lord
             Dillon
             .
          
           
             Mr.
             Palmer
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Lord
             Dillon
             .
          
           
             Tyrringham
             .
          
           
             Conley
             ,
             Witness
             .
          
           
             Henry
             Dillon
             .
          
           
             Tyrringham
             .
          
           
             Ranailaugh
             .
          
           
             Strafford
             .
          
           
             Palmer
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Palmer
             .
          
           
             Mr.
             Pym.
             
          
           
             Mr.
             Palmer
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Ardah
             Witness
             .
          
           
             Savill
             ,
             Witness
             .
          
           
             Dillon
             .
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Palmer
             .
          
           
             Reply
             .
          
           
             Sir
             Arthur
             Tyrringham
             .
          
           
             Article
             XVI
             Charge
             .
          
           
             Iohn
             Loftus
             Witness
             .
          
           
             Wade
             Witness
             .
          
           
             Lorky
             Witness
             .
          
           
             Richard
             Wade
             Witness
             .
          
           
             Mr.
             Palmer
             .
          
           
             Lord
             Roche
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Nash
             Witness
             
          
           
             Parry
             Witness
             
          
           
             E.
             of
             Strafford
          
           
             Mr.
             Palmer
             ,
             Afterwards
             His
             Majesties
             Attorney-General
             .
          
           
             Linch
             Witness
             .
          
           
             Fitz-gerard
             Witness
             .
          
           
             Mr.
             Palmer
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Riley
             ,
             Witness
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Ralton
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Gibson
             .
          
           
             Dillon
             Wit.
             ness
             .
          
           
             Mr.
             Maynard
          
           
             Mr.
             Maynard
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Wether
             inge
             .
          
           
             Ralton
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Slingsby
             Witness
             .
          
           
             Little
             Witness
             .
          
           
             E.
             of
             Strafford
          
           
             Mr.
             Palmers
             Reply
             .
          
           
             Mr.
             Palmer
             .
          
           
             Torky
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Richard
             Wade
             Witness
             .
          
           
             Patrick
             Gough
             Witness
             .
          
           
             Mr.
             Glyn.
             
          
           
             Article
             XIX
             Charge
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Maxwel
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Sir
             
               Iohn
               Clotworthy
            
             Witness
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Mr.
             Salmon
             ,
             Witness
             .
          
           
             Iohn
             Loftus
             Witness
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Defence
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Robert
             Lord
             Dillon
             Witness
          
           
             Manwaring
             .
          
           
             Sir
             
               Adam
               Loftus
            
             Witness
             .
          
           
             Maynard
             .
          
           
             Whitlock
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Slingsby
             Witness
             .
          
           
             Trueman
             Witness
             .
          
           
             Little
             ,
             Witness
             .
          
           
             Ralton
             .
          
           
             Sir
             Philip
             Manwaring
             Witness
             .
          
           
             Robert
             Lord
             Dillon
             Witness
             .
          
           
             Sir
             
               Adam
               Loftus
            
             Witness
             .
          
           
             Sir
             Philip
             Manwaring
             .
             Witness
             .
          
           
             Whitlock's
             .
             Reply
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Mr.
             Maynard
             .
          
           
             Stroud
             .
          
           
             
               E.
               of
            
             Strafford
             .
          
           
             Stroud
             .
          
           
             
               E.
               of
            
             Strafford
             .
          
           
             Article
             XX.
             Charge
             .
          
           
             Article
             XXI
             .
             Charge
             .
          
           
             Article
             XXII
             Charge
             .
          
           
             Artic.
             XXIII
             Charge
             .
          
           
             Art.
             XXIV
             .
             Charge
             .
          
           
             L.
             High
             Steward
             .
          
           
             Whitlock
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Whitlock
             .
             Maynard
             .
          
           
             L.
             H.
             Steward
             .
          
           
             Mr.
             Whitlock
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Maynard
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Mr.
             Glyn.
             
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Whitlock
             .
          
           
             E.
             of
             Traquair
          
           
             Mr.
             Whitlock
             .
          
           
             E.
             of
             Traquair
             .
          
           
             Mr.
             Palmer
             .
          
           
             Mr.
             Maynard
             .
          
           
             E.
             of
             Strafford
             .
          
           
             E.
             of
             Traquair
             .
          
           
             E.
             of
             Strafford
             .
          
           
             L.
             Digby
             .
          
           
             Mr.
             Glyn.
             
          
           
             E.
             of
             Strafford
          
           
             Mr.
             Glyn.
             
          
           
             E.
             of
             Traquair
             .
          
           
             Mr.
             Whitlock
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Whitlock
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Mr.
             Glyn.
             
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Whitlock
             .
          
           
             E.
             of
             Strafford
             .
          
           
             L.
             H.
             Steward
             .
          
           
             E.
             of
             Morton
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Mr.
             Whitlock
             .
          
           
             E.
             of
             Traquair
             .
             Witness
             .
          
           
             Mr.
             Glyn.
             
          
           
             Mr.
             Whitlock
             .
          
           
             Sir
             Henry
             Vane
             Witness
             .
          
           
             Mr.
             Whitlock
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Whitlock
             .
          
           
             E.
             of
             Northumberland
             .
             Witness
             .
          
           
             Bish.
             of
             London
             Witness
             .
          
           
             Mr.
             Barnewell
             Witness
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Archbishop
             of
             Armagh
             Witness
             .
          
           
             L.
             Conway
             Witness
             .
          
           
             Sir
             
               Henry
               Vane
            
             Witness
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Sir
             
               Ro.
               King.
            
             Witness
             .
          
           
             L.
             Ranalaugh
             Witness
             .
          
           
             L.
             Ranalaugh
             Witness
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Mr.
             Maynard
             .
          
           
             Sir
             Thomas
             Barrington
             Witness
             .
          
           
             King
             Witness
             
          
           
             Ranalaugh
             Witness
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Sir
             
               Tho.
               German
            
             ,
             Witness
             -
          
           
             E.
             of
             Bristol
             Witness
             .
          
           
             E.
             of
             Holland
             Witness
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Sir
             
               Henry
               Vane
            
             Witness
             .
          
           
             Mr.
             Whitlock
             .
          
           
             E.
             of
             Clare
             .
          
           
             L.
             H.
             Steward
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Whitlock
             .
          
           
             
               E.
               of
            
             Strafford
             .
          
           
             Mr.
             Glyn.
             
          
           
             
               E.
               of
            
             Strafford
             .
          
           
             Slingsby
             ,
             Witness
             .
          
           
             
               E.
               of
            
             Strafford
             .
          
           
             Marquis
             Hamilton
             Witness
             .
          
           
             Mr.
             Slingsby
             ,
             Witness
             .
          
           
             Sir
             George
             Wentworth
             .
             Mr.
             Maynard
             .
          
           
             E.
             of
             Strafford
             .
          
           
             L.
             Treasurer
             Witness
             .
          
           
             Mr.
             Maynard
             .
          
           
             L.
             Treasurer
             Witness
             .
          
           
             L.
             Cottington
             .
          
           
             Mr.
             Maynard
             
          
           
             L.
             Cottington
             .
          
           
             Mr.
             Maynard
             .
          
           
             L.
             Cottington
             .
          
           
             Marq.
             Hamilton
             ,
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             M.
             Hamilton
             .
          
           
             L.
             Goring
             Witness
             .
          
           
             Mr.
             German
             ,
             Witness
             .
          
           
             Mr.
             Glyn.
             
          
           
             L.
             Treasurer
             .
          
           
             L.
             Cottington
             .
          
           
             E.
             of
             Strafford
          
           
             Mr.
             
             Whitlock's
             Reply
             .
          
           
             L.
             Conway
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Glynn
             .
          
           
             L.
             Cottington
             .
          
           
             Mr.
             Glynn
             .
          
           
             Mr.
             Pym.
             
          
           
             Artic.
             XXV
             .
             Charge
             .
          
           
             Mr.
             Maynard
             .
          
           
             L.
             Treasurer
             .
          
           
             Tho.
             Wiseman
             Witness
             .
          
           
             Tho.
             Wiseman
             ,
             Witness
             .
          
           
             E.
             of
             Berkshire
             .
          
           
             Garaway
             ,
             
               Lord
               Mayor
               of
            
             London
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Garaway
             .
          
           
             Defence
             of
             the
             E.
             of
             Strafford
             .
          
           
             Mr.
             Glyn.
             
          
           
             Art.
             XXVI
             .
             Charge
             .
          
           
             Robert
             Edwards
             ,
             Witness
             .
          
           
             Palmer
             Witness
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Henley
             ,
             Witness
             .
          
           
             E.
             of
             Straffords
             Defence
             .
          
           
             I.
             Cottington
             Witness
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Maynards
             Reply
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Mr.
             Strowd
             .
          
           
             Garaway
             Witness
             .
          
           
             Mr.
             Glyn.
             
          
           
             Mr.
             Strowde
             .
          
           
             Art.
             XXVII
             .
             Charge
             .
          
           
             Mr.
             Maynard
             .
          
           
             Sir
             
               Hugh
               Cholmeley
            
             Witness
             .
          
           
             Sir
             
               Henry
               Cholmley
            
             Witness
             .
          
           
             Hotham
             Witness
             .
          
           
             Stapleton
             Witness
             ,
          
           
             L.
             Wharton
             Witness
             .
          
           
             Pennyman
             〈◊〉
             
          
           
             Mr.
             Maynard
             .
          
           
             Griffin
             ,
             Witness
             .
          
           
             Lord
             Clare
             .
          
           
             Mr.
             Glyn.
             
          
           
             Mr.
             Strickland
             ,
             Witness
             .
          
           
             Burroughes
             Witness
             .
          
           
             Cholmeley
             Witness
             .
          
           
             Dowsen
             ,
             Witness
             .
          
           
             Pierson
             Witness
             .
          
           
             Ingram
             ,
             Witness
             .
          
           
             Griffin
             ,
             Witness
             .
          
           
             Cholmley
             ,
             Witness
             .
          
           
             Mr.
             Maynard
             
          
           
             E.
             of
             Straffords
             Defence
             .
          
           
             Neale
             .
             Witness
             .
          
           
             Osborne
             ,
             Witness
             .
          
           
             Mr.
             Maynard
             .
          
           
             Pennyman
             .
             Witness
             .
          
           
             E.
             of
             Strafford
          
           
             L.
             Wharton
             .
          
           
             L.
             Wharton
             .
          
           
             Pennyman
             Witness
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Glynn
             .
          
           
             Mr.
             Maynard
             .
          
           
             E.
             Strafford
             .
          
           
             Pennyman
             Witness
             .
          
           
             Savill
             Witness
             .
          
           
             Pennyman
             Witness
             .
          
           
             Osborne
             Witness
             .
          
           
             Savill
             Witness
             .
          
           
             Rhodes
             Witness
             .
          
           
             Danby
             Witness
             
          
           
             Mr.
             Maynard
             .
          
           
             Wentworth
             ,
             Witness
             .
          
           
             E.
             of
             Strafford
          
           
             Strickland
             ,
             Witness
             .
          
           
             Edw.
             Osborne
             .
          
           
             Wil.
             Pennyman
             ,
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Maynard
             .
          
           
             Cholmeley
             Witness
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Glyn.
             
          
           
             Mr.
             Whitlock
             .
          
           
             E.
             of
             Strafford
             .
          
           
             Mr.
             Whitlock
             .
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Glyn.
             
          
           
             Mr.
             Maynard
             .
          
           
             Mr.
             Glyn.
             
          
           
             Object
             .
          
           
             Answ.
             
          
           
             Object
             .
          
           
             Answ.
             
          
           
             Owen
             '
             
               s
               Case
               of
            
             Sandwich
             in
             Kent
             .
          
           
             The
             House
             of
             Commons
             Adjourned
             upon
             this
             Speech
             of
             the
             Kings
             ,
             in
             some
             dissatisfaction
             .
          
           
             May
             the
             3.
             the
             Commons
             having
             a
             Plot
             discovered
             ,
             fall
             into
             the
             Debate
             thereof
             .
          
           
             And
             the
             same
             day
             Resolve
             upon
             a
             Protestation
             .
          
           
             The
             Preamble
             to
             the
             Protestation
             .
          
           
             The
             Commons
             send
             a
             Message
             to
             the
             Lords
             ,
             concerning
             the
             Plot.
             
          
           
             And
             desire
             a
             Select
             Committee
             to
             take
             Examinations
             upon
             Oath
             .
             And
             that
             no
             Servant
             of
             the
             King
             or
             Queens
             Majesty
             ,
             departs
             the
             Kingdom
             till
             they
             be
             examined
             .
             And
             sent
             a
             Letter
             to
             the
             Army
             ,
             to
             assure
             them
             of
             the
             Parliaments
             care
             of
             them
             .
             The
             Commons
             past
             several
             Resolves
             .
          
           
             These
             Resolves
             and
             the
             Protestation
             commuicated
             to
             the
             Lords
             .
          
           
             Mr.
             Hollis
             his
             Speech
             in
             a
             Message
             to
             the
             Lords
             about
             the
             Plot.
             
          
           
             Multitudes
             of
             people
             flock
             to
             Westminster
             crying
             
               Iustice
               ,
               Iustice
               ,
               &c.
            
             
          
           
             The
             people
             assemble
             again
             in
             multitudes
             ,
             which
             the
             Lords
             communicate
             to
             the
             Commons
             at
             a
             Conference
             .
          
           
             And
             communicates
             the
             Petition
             of
             the
             multitude
             ,
             as
             followeth
             .
          
           
             Desiring
             Justice
             and
             Execution
             upon
             the
             Earl
             of
             Strafford
             .
             To
             be
             secured
             against
             Plots
             .
             And
             against
             a
             Garrison
             newly
             put
             into
             the
             Tower.
             To
             make
             way
             forth
             Earl
             of
             Straffords
             escape
             .
          
           
             The
             Lords
             send
             Six
             Peers
             to
             the
             Tower
             ,
             to
             inquire
             of
             this
             business
             .
             The
             Lieutenant
             said
             ,
             he
             had
             His
             Majesties
             Command
             to
             receive
             100
             men
             
          
           
             The
             Lords
             at
             the
             Conference
             declared
             ,
             That
             the
             Tumults
             hindred
             their
             proceeding
             upon
             the
             Bill
             of
             Attainder
             .
             The
             Lords
             took
             the
             Protestation
             .
          
           
             And
             the
             multitudes
             departed
             .
          
           
             A
             Bill
             for
             the
             continuance
             of
             the
             present
             Parliament
             ,
             twice
             read
             .
          
           
             The
             Earl
             of
             Straffords
             Letter
             to
             the
             King.
             
          
           
             A
             great
             Hubbub
             in
             the
             City
             .
          
           
             Conspirators
             fled
             .
          
           
             The
             Queen
             desigas
             to
             goe
             to
             Portsmouth
             .
          
           
             Proclamation
             to
             call
             in
             the
             Conspirators
             .
          
           
             A
             Letter
             to
             prevent
             the
             design
             to
             engage
             the
             Army
             against
             the
             Parliament
             .
             sent
             to
             Sir
             
               Iacob
               Ashly
            
             ,
             and
             Sir
             
               Iohn
               Conyers
            
             .
          
           
             The
             Plot
             consisted
             of
             thre
             heads
             .
          
           
             Capt.
             Bilingsly
             his
             Examination
             ,
             that
             he
             had
             Orders
             to
             get
             100
             men
             into
             the
             Tower
             .
          
           
             The
             Earl
             expostulates
             about
             his
             escape
             .
          
           
             Examination
             of
             three
             Witnesses
             more
             ,
             as
             as
             to
             the
             Earls
             escape
             .
          
           
             Col
             :
             Gorings
             examination
             about
             the
             Plot.
             
          
           
             Mr.
             Peircy
             his
             better
             against
             the
             Plot.
             
          
           
             Father
             Philips
             his
             Letter
             against
             the
             Parliament
             .
          
           
             Earl
             of
             Holland
             General
             of
             the
             Army
             .
          
           
             Father
             Philips
             to
             be
             sent
             for
             .
          
           
             He
             appears
             
          
           
             Several
             Votes
             against
             Ar.
             Peircy
             about
             the
             Plot.
             
          
           
             Barkley
             and
             O-Neal
             are
             fled
             .
             Mr.
             Peircy
             charged
             with
             High
             Treason
             .
          
           
             A
             Vote
             to
             vindicate
             Col.
             Goring
             .
          
           
             Bill
             of
             Attainder
             ,
             and
             for
             continuance
             of
             the
             Parliament
             ,
             passed
             Message
             to
             the
             Lords
             to
             move
             the
             King
             for
             His
             Consent
             to
             pass
             the
             Bill
             of
             Attainder
             .
          
           
             To
             Press
             Mariners
             .
          
           
             The
             King
             ,
             Judges
             ,
             and
             Bishops
             consult
             about
             Strafford
             .
             The
             King
             gives
             Warrant
             for
             a
             Commission
             to
             give
             His
             Assent
             to
             the
             Bill
             for
             execution
             of
             the
             Earl
             of
             Strafford
             .
             The
             Royal
             Assent
             given
             this
             day
             ,
             and
             the
             Bill
             passed
             .
          
           
             The
             King
             consents
             that
             the
             Irish
             Army
             should
             be
             instantly
             disbanded
             .
             Thanks
             returned
             to
             His
             Majesty
             .
          
           
             The
             Earl
             of
             
             Strafford's
             Petition
             to
             the
             House
             of
             Peers
             .
          
           
             The
             Bill
             of
             Attainder
             .
          
           
             *
             This
             Proviso
             hath
             occasioned
             the
             common
             discourse
             and
             opinion
             that
             this
             Judgment
             against
             the
             Earl
             was
             Enacted
             never
             to
             be
             drawn
             into
             President
             .
          
           
             The
             Kings
             Letter
             on
             behalf
             of
             the
             Earl
             of
             Strafford
             .
          
           
             Twelve
             Lords
             sent
             to
             the
             King.
             
          
           
             QueenMother
             
          
           
             The
             Earl
             of
             Strafford
             brought
             to
             the
             Scaffold
             .
          
           
             His
             Speech
             .
          
           
             His
             Majestys
             Propositions
             tothe
             House
             of
             Commons
             touching
             Supply
             .
          
           
             See
             page
             in
             the
             First
             Part
             of
             
               Historical
               Collections
            
             .
          
           
             The
             Charge
             of
             the
             Scotch
             Commissioners
             presented
             to
             the
             Parliament
             .
          
           
             The
             description
             of
             his
             Person
             and
             Family
             .
          
           
             Mr.
             
             Slingsby's
             Interment
             .
          
           
             His
             Extraction
             and
             Education
             .